Understanding A Writ Of Habeas Corpus
Due to the complex nature of writs of habeas corpus, few lawyers are willing to represent clients in these types of cases. It, however, is an extremely important part of the law that should not be overlooked. Often, an application of this nature is a client’s last chance to protect their rights. In the appeal process, it can be seen as a last ditch effort and therefore carries enormous importance. At the Zendeh Del Law Firm, PLLC, our legal team has the knowledge and experience necessary to help you protect your legal rights. You can be confident that, if you choose to work with a Plano defense lawyer at our firm, we will do everything possible to protect your rights.
Contact a Plano appeals attorney to learn more about how our firm can help you with writs of habeas corpus.
What Is A Writ Of Habeas Corpus?
A writ of habeas corpus is an important check of power in Texas that allows you the chance to defend yourself against the possibility of tyranny. Roughly translated from Latin, habeas corpus means “to have the body” and protects against unlawful incarceration. A writ of habeas corpus would allow a prisoner to go before a court and demand proof of authority; if the detainer does not have the authority for keeping the prisoner, the prisoner will then be released.
In Texas, a writ of habeas corpus is used to determine whether the court that imposed the sentence actually had the authority and jurisdiction to do so. It also allows a prisoner to challenge their detainment if the prisoner believes that their sentence has expired.
Post-conviction application of a writ of habeas corpus can also address whether legal rights have been violated, such as by having ineffective legal counsel or if new evidence has been found that could establish innocence.
Call A Plano Criminal Defense Attorney To Learn More!
It’s important to act as soon as possible to file a writ of habeas corpus. In some cases, if you wait too long, the court will dismiss your application. While it might be difficult to file this writ in state court, federal courts are generally more sympathetic. At the Zendeh Del Law Firm, PLLC, our Plano criminal defense attorney team can help you determine whether this is the best option for you.
Learn more by calling us at 888-4-ZEN-LAW today!