Like an appeal, the goal when presenting a writ of habeas corpus is to overturn a conviction or sentence.  However, when investigating a potential writ of habeas corpus, I am not confined the court records; instead, a habeas investigation involves completely reinvestigating your case from the beginning to the end.  This is why a habeas attorney must be experienced in both trial level and appellate level issues.

The first step to pursuing habeas relief is to investigate the case.  To do this, I obtain every document I can: the police reports, the district attorney’s files, your trial attorney’s file, and the court records.  Often times, an investigator is needed to contact witnesses.  My goal in investigating your case is to identify problems in your case that could potentially result in the conviction being reversed.  Reasons that can lead to reversal include police or prosecutorial misconduct, concealed evidence, and ineffective assistance of counsel.  After completing a thorough investigation, we can discuss the chances of success in your case.  It should be noted that you can pursue a writ of habeas corpus even if you pled guilty.   

In both state and federal court, a writ of habeas corpus is filed in the district court.  In Texas, the district court will usually make recommendations about whether or not you should be granted relief, but the ultimate decision rests with the Texas Court of Criminal Appeals. The procedure is different for misdemeanor cases and probation cases (the district court makes the final decision in those cases, but the results can be appealed).  In federal court, the district court rules on your habeas petition, but the ruling can be appealed to the Fifth Circuit.      

Writs of habeas corpus are often referred to as 11.07s (for Texas Code of Criminal Procedure article 11.07), 2254s, or 2255s (for Federal Statutes 28 U.S.C. §§ 2254-2255).  I am experienced in investigating and litigating writs of habeas corpus in both state and federal courts, and I would be happy to discuss your options with you.