Writs of Habeas Corpus in Texas

In the United States and Texas, everyone is innocent until proven guilty by a court of law. However, the legal system is just that – a system. Unfortunately, breakdowns in the system can occur, resulting in unfavorable consequences – especially for the accused. Fortunately, checks and balances are in place to help when the system fails an individual for whatever reason.

One of these checks is the writ of habeas corpus Texas. Let’s learn why this constitutionally approved court order is important, how it works, and how writs of habeas corpus Texas can help achieve justice for those being held in violation of the law.

A Texas writ of habeas corpus is a legal court order and right guaranteed by both the United States and Texas Constitutions. This legal tool helps protect individuals from unlawful detention or imprisonment by giving judges the power to require law enforcement to justify an arrest.

U.S. Constitution Article 1, Section 9: “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it”.

Texas Constitution Article 1, Section 12: “The writ of habeas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual”.

What does the phrase mean? Let’s break it down. A “writ” is a formal written order issued by a court or other legal authority that directs a person or entity to perform (or refrain from) performing a specific act. “Habeas corpus” is a Latin term meaning “you have the body.” Therefore, a writ of habeas corpus is a judge-issued demand that law enforcement produce a person in their possession.

Therefore, when a defendant files an application for Texas writ of habeas corpus and serves the state with a copy, they are requesting the right to challenge the legality of their detainment or imprisonment before a court.

Inmates and defendants can petition for writs of habeas corpus Texas if they feel their detention violates the law. The following are a few common reasons to file writs of habeas corpus in Texas:

These are just a few ways to challenge detentions and incarcerations with a writ of habeas corpus. An experienced criminal defense attorney who understands the Texas judicial system can provide more details for detainees and inmates who feel their situation deserves challenge.

Also, it’s important to note that habeas corpus is not a second appeal or a way around an unfavorable decision on direct appeal. There is no deadline for filing a writ of habeas corpus in state court, unlike a direct appeal, which requires notice within thirty days of your sentence.

There are two types of writs of habeas corpus: a Texas pretrial writ of habeas corpus and a post conviction writ of habeas corpus. As the name indicates, a pretrial writ of habeas corpus Texas occurs when a person (the defendant) is in custody awaiting a trial. In this case, the defendant does not need to physically be in jail to petition for a writ of habeas corpus. A post conviction writ of habeas corpus applies to inmates serving prison time, and it can only be filed once there is a final conviction (i.e., no case pending on appeal).

Petition for Writ of Habeas Corpus Texas

The writ proceedings begin when an individual files a petition for writ of habeas corpus in Texas and serves the state with a copy. However, the Court of Criminal Appeals requires a specific form (i.e., a petition for writ of habeas corpus form Texas), which asks the petitioner to specify factual details and reference the violated constitutional guarantees. Here is a petition for writ of habeas corpus example. A criminal defense attorney can (and should) help with how to file a writ of habeas corpus in Texas, ensuring everything is correct and that the best possible outcome is achieved.

What happens at the hearing?

If a judge grants a petition for habeas corpus Texas, they will schedule a hearing. During the hearing, the petitioner and their legal team will have the opportunity to explain why the detention or incarceration is illegal or a violation of the defendant’s rights. Alternatively, the prosecution will also be able to demonstrate and reinforce why the incarceration is justified.

Once both parties have presented their explanations and arguments, the court will determine the relevant facts of the case and apply the law to those facts to draw legal conclusions. Next, the court will issue an official decision, either granting or denying the request or recommending a specific outcome.

Appellate lawyers label the writ types according to the sections of the Texas Code of Criminal Procedure from which they derived.

Article 11.09

Article 11.09 basically applies to all misdemeanor offenses involving jail sentences.

Article 11.072

Article 11.072 applies to misdemeanor and felony cases involving defendants currently on or who have completed community supervision.

Article 11.07

Article 11.07 applies to felony cases where the defendant was sentenced to a term of incarceration.

Article 11.071

Article 11.071 applies to capital murder cases where the defendant receives a death sentence.

If a defendant or inmate feels their constitutional rights were violated, resulting in an unfair judicial process, they have the right to challenge the legality of their detainment or imprisonment before a court. This process begins with an application for writ of habeas corpus Texas.

However, the writ process is notoriously complicated. Therefore, it’s best to place the process in the hands of an experienced criminal defense attorney. There are deadlines, specific forms, legalities, and more involved – procedures that most civilians do not understand. However, criminal defense attorneys are well-versed in criminal law. They can thoroughly review the trial record to identify opportunities to support a writ of habeas corpus, including ineffective counsel, prosecutorial misconduct, newly discovered evidence, jury misconduct, or innocence claims.

At GHC Law, we understand the Texas legal system and will do everything possible to uphold your constitutional rights and fight for your future. We are a collection of seasoned and case-winning criminal defense attorneys who stand by the people’s constitutionally afforded rights, especially when those rights fall victim to procedural errors or rights violations.

At GHC Law, we fight for justice, helping clients navigate the complex process of winning a petition for writs of habeas corpus in Texas, giving our clients the best possible chance of relief.