Writs of Habeas Corpus in Texas
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In 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 Houston 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 Houston 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.