Writ of Habeas Corpus – Article 11.07 Attorney
What is a Writ of Habeas Corpus Article 11.07?
When a person is unlawfully imprisoned, a writ of habeas corpus can be filed on their behalf. When a defendant—through their 11.07 attorney—wants to ask the court for a determination regarding whether their conviction and sentencing were legal, a writ of habeas corpus is filed. The writ essentially asks the court to show why the prison sentence is not illegal. The writ may assert that the conviction was illegal or that the length of the sentence for the individual is unlawful (too long).
Both the Texas State Constitution and the U.S. Constitution guarantee the right to petition for a writ of habeas corpus. An inmate may petition for a writ of habeas corpus after sentencing. The inmate may claim the court that sentenced them had no jurisdiction or that they are held captive after being deprived of a fair trial due to a violation of their constitutionally guaranteed rights.
A defendant can also petition for a writ if they are in custody while their criminal case is pending, however, this is a different matter than an 11.07. Texas Article 11.07 addresses only a final conviction. The process differs from federal court to Texas state court. The process also differs based on the nature of the conviction.
An 11.07 attorney from Burns & Davis can help you file a writ of habeas corpus. Our attorneys are highly experienced and will help you make an informed decision. We are serious about resolving your legal matters and your goals are our goals. We are problem solvers who meet our clients with compassion, empathy, and clear communication. When we take on your 11.07 issue, we are 100 percent dedicated to protecting your rights and changing the course of your future.
If you or a loved one are facing an unjust conviction or sentence, don’t wait to seek help. The skilled 11.07 attorneys at Burns & Davis are ready to fight for your rights, challenge unlawful imprisonment, and pursue a better outcome. Contact us today to start building a brighter future.
What is the Process for Filing a Habeas Corpus Petition?
If your writ of habeas corpus under article 11.07 is filed in a Texas state court, the petition is a sworn document that must include the following:
- A statement that details how you are being held illegally
- The names of the people or agencies who are illegally detaining you
- A copy of the detainment order
- Request for a writ of habeas corpus
Article 11.07 lays out the procedure for filing a habeas corpus petition for a conviction that does not include the death penalty. Article 11.071 addresses the filing of a habeas corpus in a death penalty case. Only after a final conviction is in place can a writ of habeas corpus be filed. When there is a pending appeal, the post-conviction writ of habeas corpus will not be considered.
The habeas corpus petition must clearly identify every argument concerning why incarceration is not lawful. Only one writ of habeas corpus is allowed—unless a specific issue was unable to be raised in the first writ. Because of this, it is vitally important that the writ be both comprehensive and compelling.
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What Happens at a Habeas Corpus Article 11.07 Hearing?
When a petition for habeas corpus is granted by the judge, a hearing will be scheduled. At this hearing, the attorney for the defendant will argue that the defendant’s rights have been violated or that the detention is illegal. The prosecutor will have the opportunity to explain why the detention is justified. Some of the issues that might be included in the writ and will be discussed at the hearing include:
- Circumstantial evidence can be raised in an 11.07 hearing but is difficult to contest if a judge or jury found that the circumstantial evidence added up to proof beyond a reasonable doubt.
- Punishment issues for a first-time offender can be very difficult to challenge on appeal but can be raised as an issue in an 11.07 hearing. The facts used by the judge or jury to decide what weight a defendant’s clean record should be given is definitely an 11.07 issue.
- Inadequate representation, also known as ineffective assistance of counsel, is an issue that is commonly raised at 11.07 hearings. This means the trial attorney for the defendant should have done certain things or raised certain issues yet failed to do so. If that failure to do these things materially affected the outcome of the trial, then it can be raised as an 11.07 issue.
- False statements—This includes false statements that the defense could have challenged through cross-examination (because they were known or believed to be false) but failed to do, as well as false statements learned to be false after the trial due to a witness recanting their statements.
There are additional points that can be made by your 11.07 attorney, depending on the circumstances of your conviction.