Post Conviction FAQ

At Blizzard & Zimmerman Attorneys, we know how confusing and overwhelming it can feel when a loved one is in prison. Families often reach out to us with questions about what comes next after their loved one has been convicted and incarcerated. Below are answers to the most frequently asked questions about post conviction relief, writs of habeas corpus, and other legal remedies available in Texas.

What Does “Post Conviction Relief” Mean?

Post conviction relief refers to legal remedies that challenge a conviction or sentence after the trial and appeal are over. These remedies allow inmates to raise issues such as constitutional violations, new evidence, or ineffective assistance of counsel.

Who Qualifies for Post Conviction Relief in Texas?

Not everyone qualifies, but anyone serving a sentence after a Texas criminal conviction may have options. Relief depends on the facts of the case, the type of sentence, and whether prior appeals or writs have been filed. Our attorneys review each case individually to determine eligibility.

What’s the Difference Between an Appeal and a Writ of Habeas Corpus?

A direct appeal focuses on errors made during the trial or sentencing.

A writ of habeas corpus (for example, a Texas Code of Criminal Procedure Article 11.07 writ) challenges the legality of a person’s imprisonment itself - often based on new evidence, ineffective counsel, or constitutional violations.

How Long Do I Have to File for Post-Conviction Relief?

There’s no fixed statute of limitations for some writs, but delays can make relief harder to obtain. It’s critical to act quickly so your attorney can preserve evidence, locate witnesses, and file before legal deadlines become an obstacle.

What Are Common Grounds for Post-Conviction Relief?

Typical reasons include:

• Ineffective assistance of trial or appellate counsel
• New evidence or witness recantations
• Prosecutorial misconduct or Brady violations (withheld evidence)
• Constitutional violations during trial or plea
• Actual innocence claims supported by new proof

Does My Loved One Need a Lawyer to File an 11.07 Writ?

Technically, an inmate can file pro se (on their own), but the writ process is highly technical. You don't have to be an attorney to file the writ. Most self-filed writs done without properly learning about how the writ process and how the application must be drafted are denied because of procedural mistakes. In many cases you only have one chance at filing a writ. Hiring an experienced Texas post-conviction lawyer gives your loved one the best chance at success.

What Will a Post-Conviction Attorney Do?

Once hired our attorney will:

1. Review the full trial and appellate record
2. Investigate new evidence or constitutional errors
3. Draft and file the writ application
4. Communicate with you and your loved one throughout the process
5. Represent your loved one during hearings or court reviews

Our firm has experience handling complex criminal law, post conviction, and habeas cases across Texas.

How Long Does the Post Conviction Process Take?

It depends on the case. A typical state writ of habeas corpus (Article 11.07) can take six months to two years or longer, depending on the workload of the Texas Court of Criminal Appeals and whether the case requires hearings or additional investigation.

How Much Does It Cost to Hire a Post Conviction Lawyer?

Legal fees vary by case complexity and scope (state or federal writ). At Blizzard & Zimmerman, we provide transparent pricing and payment options, and begin every case with a free initial assessment to determine whether relief may be possible.

Can You Guarantee My Loved One’s Release?

No attorney can guarantee an outcome. Every post conviction case depends on the strength of the facts and the law. However, our legal team is known statewide for strategic, evidence-based habeas corpus representation and a record of success in Texas courts.

What Is an 11.07 Writ of Habeas Corpus?

The 11.07 writ of habeas corpus is the main method for challenging a Texas felony conviction after all appeals are finished. It allows an inmate to claim wrongful conviction, ineffective assistance of counsel, or newly discovered evidence that shows innocence.

Can Someone File More Than One 11.07 Writ?

Usually, only one writ is allowed - however Texas law provides narrow exceptions for new evidence or constitutional issues that were not previously available. Our attorneys evaluate whether your case qualifies for a subsequent writ under these exceptions.

What Happens After a Writ Is Filed?

After submission, the trial court may request a response from the state, hold hearings, or make findings of fact. The Texas Court of Criminal Appeals (CCA) then reviews the case and decides whether to grant relief, order a new trial, or deny the writ.

What Happens If the Writ Is Denied?

If the writ is denied, there may still be options for federal habeas corpus, clemency, or commutation. We also analyze whether procedural errors or new developments justify a follow-up filing or other form of relief.

Can Family Members Start the Process?

Yes. Family members can initiate a free case assessment with Blizzard and Zimmerman Attorneys on behalf of an incarcerated loved one.

Start the process today by calling to schedule a free case assessment, we need to learn as much as we can about the case to determine if we can help.

How Will I Be Updated Throughout the Case?

If hired, we maintain direct communication with both you and your loved one. You’ll receive regular progress updates, status reports, and clear explanations of each stage in the process. Keep in mind these cases can take six months to two years or longer, depending on the workload of the Texas Court of Criminal Appeals and whether the case requires hearings or additional investigation. The wheels of justice move slowly.

How Do I Know If My Loved One’s Rights Were Violated?

Common signs include:

• Inadequate or unprepared trial attorney
• Witnesses or evidence never presented
• Coerced confession or invalid plea deal
• Missing transcripts or improper jury instructions

If you suspect these issues, our legal team can review the record and determine whether a constitutional violation occurred.

Is There Hope After All Appeals Are Exhausted?

Yes - absolutely. Even after all appeals are done, a writ of habeas corpus can still provide a potential path to freedom. Post conviction relief is often the last and most powerful tool to correct injustice.

How Can I Verify That a Lawyer Is Qualified for Post Conviction Work?

Look for credentials such as:

• Board Certification in Criminal Law and Criminal Appellate Law by the Texas Board of Legal Specialization
• Proven experience filing successful habeas corpus writs
• A focus on post conviction and appellate advocacy

Jacob Blizzard, one of our founding attorneys, is Texas Board of Legal Speciallization Certified in both Criminal Appellate Law and Criminal Law, making him part of a very small elite group of 87 such dual-certified attorneys in Texas.

Take the Next Step

If you believe your loved one’s conviction or sentence was unjust, don’t wait. Every day matters when pursuing freedom through post conviction relief.

Call Blizzard & Zimmerman Attorneys today at (325) 309-2127 and request a Free Case Assessment.