In the United States, the writ of habeas corpus reviews whether a prisoner’s custody is legitimate. This can be done before trial and after trial depending on the grounds for the writ of habeas corpus. Both Article 1 of the United States Constitution and Article 1 of the Texas Constitution acknowledge the right to this writ.
The procedures for applications for writs of habeas corpus are located in chapter 11 of the Code of Criminal Procedure. An application for writ of habeas corpus is generally raised following the normal appeals process is complete. People that have a conviction in felony cases, receive the death penalty, or receive community supervision can apply for writs of habeas corpus.
There are a lot of complaints that will not be heard under a writ of habeas corpus. There is a laundry list of things that cannot be raised, but chiefly applicants cannot raise issues that should have been brought during the first appeal. Applicants can raise, among others, complaints about their prior counsel, involuntary pleas, false evidence, withheld evidence, and actual innocence.
The application for the writ of habeas corpus is really complex. The rules are strict and failure to follow them or raise the proper issues can have dire consequences. If you have questions about applying for a writ of habeas corpus, call the Law Office of Brian J. Newman at 817-231-0023 to discuss whether you can seek the writ.
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Mr. Newman was an excellent help to my case. I had a possesion of marijuana case and was extremely pleased with the outcome of my case. I will recommend him in the future to anyone I know that has a need for a criminal justice attorney, and should I ever need his services again I will gladly contact him. He is a very straight forward and no nonsense individual and it was a pleasure being assisted by him. - Philip