Texas Post-Conviction Attorneys
Post-Conviction Relief Is Complex – We Provide Experience, Not Empty Promises
A criminal conviction does not always mean the legal process is over. In Texas, individuals who have been convicted of crimes may still have legal options available through post-conviction relief. If you or a loved one believe mistakes were made in your case, an experienced Texas post-conviction attorney can help review the conviction and pursue relief through the courts.
Our firm represents clients across Texas in post-conviction proceeding, including habeas corpus applications, wrongful conviction claims, appeals, and other legal remedies available after a conviction. We understand how complex these cases can be, and we are committed to carefully analyzing every aspect of your case to determine the best possible path forward.
Our post-conviction division is led by board-certified appellate attorney Sarah Durham and supported by board-certified criminal law and criminal appeals attorney Jacob Blizzard. Board certification by the Texas Board of Legal Specialization is a distinction earned by only a very small percentage of attorneys in the state and reflects advanced experience, extensive knowledge, and peer recognition in a specific area of law.
Jacob Blizzard is dual board certified in criminal law and criminal appeals -an achievement held by fewer than 80 attorneys out of more than 100,000 in Texas. He is also one of 32 Texas attorneys certified in Criminal Trial Law by the National Board of Trial Advocacy – a credential that reflects the highest level of courtroom experience and expertise. Both Jacob and Sarah are also a Thompson-Reuters Super Lawyer®.
What Is Post-Conviction Relief in Texas?
Post-conviction relief refers to legal actions taken after a criminal conviction and sentencing. These proceedings allow individuals to challenge their conviction, sentence, or imprisonment when legal errors or constitutional violations occurred. Common grounds for post-conviction relief may include:
- Ineffective assistance of trial counsel
- Newly discovered evidence
- Prosecutorial misconduct
- Constitutional violations
- False testimony or unreliable evidence
- Improper jury instructions
- Violations of due process rights
A knowledgeable Texas post-conviction lawyer can investigate the case, identify legal errors, and present arguments to the court seeking relief.
Applications in Texas
Texas Habeas Corpus Applications
One of the most important tools for post-conviction relief in Texas is a writ of habeas corpus. A habeas corpus application asks a court to review whether a person’s detention or conviction violates constitutional rights. These petitions often focus on issues that were not properly addressed during the original trial or appeal. There are several types of habeas corpus applications in Texas, including:
Article 11.07 Habeas Corpus
Used for individuals convicted of felonies who are serving a prison sentence. These applications are filed in the convicting court and ultimately reviewed by the Texas Court of Criminal Appeals.
Article 11.072 Habeas Corpus
Used for individuals who are on community supervision (probation) and seeking relief from their conviction.
Federal Habeas Corpus
In some cases, individuals may pursue relief in federal court (2255) after exhausting state remedies. Because habeas corpus law is highly technical and strictly regulated, it is essential to work with a Texas post-conviction litigation expert attorney.
Our Approach to Post-Conviction Representation
When someone contacts our firm about a potential post-conviction case, we provide a free case review to help determine if relief is a possiblity. When we are hired we go to work:
- Gather records, review the trial and appellate record
- Investigate potential constitutional violations
- Evaluate discovery evidence and possibly newly discovered evidence
- Consult with experts when necessary
- Prepare a comprehensive habeas corpus application
Post-conviction relief is one of the most challenging areas of criminal law, and no lawyer can guarantee a favorable result. What we can promise is a thorough review of your case and dedicated advocacy in pursuing every legal option available.
Why Post-Conviction Cases Require Expert Attorneys
Post-conviction litigation is one of the most complex areas of criminal law. These cases require: Detailed knowledge of Texas criminal procedure, Extensive legal research and investigation, Careful preparation of habeas corpus petitions, Strategic presentation of constitutional arguments. Courts also impose strict deadlines and procedural rules, making it critical to work with attorneys who understand the process., Our legal team carefully reviews every case to determine whether post-conviction relief may be possible.
Many older cases – especially those involving severe sentences – especially pre-1996 cases and pre Miller, contain reversible errors.
Appeals vs. Post-Conviction Proceedings
Many people confuse criminal appeals with post-conviction cases, but they are very different.
Criminal Appeals
- Focus on legal errors made during the trial
- Based on the trial record
- Filed shortly after conviction
Post-Conviction Proceedings
- Often involve new evidence
- May raise constitutional claims
- Can occur after appeals are finished
An expert Texas criminal appeals and post-conviction lawyer is skilled at evaluating your case and determining which options may still be available.
Common Issues
Grounds for Challenging a Criminal Conviction
Our post-conviction attorneys thoroughly review the trial record and investigate potential legal errors that could justify relief. Common issues include:
Ineffective Assistance of Counsel
Defendants have a constitutional right to effective legal representation. If a defense attorney failed to investigate the case, present critical evidence, or provide competent legal advice, the conviction may be subject to challenge.
Newly Discovered Evidence
New evidence that was unavailable during the trial – such as witness recantations, forensic testing, or other critical information – may provide a basis for overturning a conviction.
Prosecutorial Misconduct
Prosecutors must follow strict legal and ethical rules. When misconduct occurs – such as withholding evidence or presenting false testimony – it may violate a defendant’s constitutional rights.
Actual Innocence Claims
Texas courts allow claims of actual innocence when new evidence clearly demonstrates that the convicted person did not commit the crime.
Faq’s
Frequently Asked Questions About 11.07 Writs
Still Have Questions?
An 11.07 writ is a post-conviction legal application that allows someone in prison to challenge their conviction or sentence based on constitutional violations or serious legal errors. It is often used after all appeals have been exhausted.
Yes, if there were serious issues in the case – such as ineffective legal representation, new evidence, or constitutional violations – an 11.07 writ may provide a path to relief, even after a Dallas County – Bexar County – Harris County – etc. conviction.
The writ is filed in the court where the conviction occurred (such as a Dallas County court, Bexar County court, Harris County court, etc. ), but it is ultimately reviewed and decided by the Texas Court of Criminal Appeals. Because of the complexity, most families work with an experienced habeas corpus attorney.
Most 11.07 writs take several months to over a year. In more complex cases – especially those involving hearings or new evidence – it can take longer.
Generally, no. Texas law usually allows only one full 11.07 writ. Additional writs are heavily restricted, which is why it is critical to get it right the first time.
Common grounds include ineffective assistance of counsel, newly discovered evidence, prosecutorial misconduct, actual innocence, and illegal sentencing.
While you are not required to have a lawyer, it is strongly recommended. These cases involve complex legal standards, and mistakes can prevent future filings or relief.
If granted, the court may order a new trial, reduce the sentence, or overturn the conviction, depending on the specific issues in the case.
Yes in terms of where the writ is filed, but the final decision is made by the Texas Court of Criminal Appeals, which handles all 11.07 writs statewide.
The best way is to have the case reviewed by a Texas post-conviction attorney who can identify whether valid legal claims exist.
Talk To Us
Contact Us Today for a Risk Free Case Review
If you believe a criminal conviction involved legal errors or violations of your rights, it is important to contact our firm as soon as possible. Post-conviction cases often involve strict procedural rules and deadlines. Our firm represents clients throughout Texas in post-conviction proceedings, habeas corpus applications, and criminal appeals.
We serve clients all across Texas including Dallas, Fort Worth, Houston, and San Antonio. We’d be honored to help pursue justice in your case. Contact us today for a risk free case evaluation (325) 252-6064.