Writs of Habeas Corpus in Texas
Let Our Spring Family Law Attorney Protect Your Rights & Freedom
family law cases involving a violation of
child custody or
support, a judge might hold a person in contempt of court. One of the punishments
for such an offense includes jail time. However, if the judge committed
an error, the wrongly jailed individual can file a petition for writ of
habeas corpus to be freed from unlawful imprisonment.
If you feel that you are being sent to jail on unjust terms, our Spring
family law attorney at the
Law Office Bryan Fagan can help. We can evaluate your case, determine your available legal options,
present a strong case to the court, and assert your rights.
Texas Habeas Corpus Proceedings
A petition for a writ of habeas corpus asks the court to overturn conviction
due to a violation in due process. The court must show a valid reason
for the convicted individual’s detention. Once a conviction is entered,
Texas law permits prisoners to file petitions in state court.
One of the most common habeas corpus claims is ineffective counsel. If
the defendant’s lawyer failed to raise defenses at trial or properly
advise him/her about the consequences of a plea deal, the court could
review the conviction and the work the attorney performed in the case.
Another common type of habeas corpus claim is newly discovered evidence
that would’ve changed the conviction. If new evidence shows that
the defendant was wrongly convicted, he/she could be freed from incarceration.
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The petition must be filed in the county or district where the defendant
was originally convicted. Our Spring family law attorney can help you
or a loved one file a petition. Before we file the petition, we will help
you understand the proceedings and your chances of success.
For more information,
contact us and speak with our firm today.