The Writ of Habeas Corpus Process: What to Expect at Chris Perri Law
If you’ve landed on this page, chances are that you know all too well that the criminal justice system is not always fair. People receive unjust legal outcomes too often, which is why Chris Perri Law has made trying to overturn wrongful criminal convictions across Texas our greatest mission.
In most cases, there are two ways to try to reverse a conviction: appeals and writs of habeas corpus. This is true for federal and state-level cases. Learn more about how these legal avenues compare.
Many people have heard of appeals, but less know about writs of habeas corpus.
In this article, we explain what a writ of habeas corpus is and when it is useful, as well as our unique two-phase writ process. If you have any questions along the way, call us at (512) 269-0260.
First, What Is a Writ of Habeas Corpus?
Similar to a criminal appeal, a writ of habeas corpus is a legal procedure that aims to overturn a wrongful conviction at either the state or federal level. Appeals must happen right after a trial and only deal with potential trial errors, such as a judge making a bad call. Writs of habeas corpus, however, allow people to:
Introduce new evidence
Argue that their attorney did a poor job (also called ineffective assistance of counsel)
Raise concerns of prosecutorial misconduct
Unlike appeals, writs of habeas corpus are available to people who lost at trial and to those who took a plea deal. Further, while it is wise to pursue a writ of habeas corpus as soon as possible following a conviction, they are not as time sensitive as appeals. And lastly, if you’ve lost your appeal, you can still pursue a writ.
Many people think they’re out of options when they’re not: they can still try to overturn their wrongful conviction through the writ of habeas corpus procedure.
Our Two-Phase Writ of Habeas Corpus Process
If you are considering filing a writ of habeas corpus in Texas on behalf of yourself or a loved one, your first step should be to schedule a free case consultation with our attorney, Chris Perri. You can do so by calling us at (512)269-0260. During this consultation, he will:
Listen to your concerns
Offer a cost estimate for services
Explain our writ process.
Unlike many post-conviction criminal defense firms in Texas, we do not charge clients for the entire writ of habeas corpus procedure at the beginning. Instead, we feel it is most fair to break up the process into two phases (explained further below), and thus, two payments.
Part of our process includes a meeting after phase one, where all parties come together and decide if continuing to phase two makes the most economic and strategic sense. We will never force or pressure a client to advance to the second phase. We will, however, offer honest and knowledgeable recommendations of the best course of action.
Learn more about the cost of a writ of habeas corpus in Texas.
By the time people come to us, they have often had negative experiences with prior lawyers. At Chris Perri Law, we commit to always acting in the best interest of our clients and their families. Our goal is to lead with our values of trust, honesty, communication, and transparency.
Phase One: The Writ Investigation
The first step in our writ of habeas corpus process is called the writ investigation. Upon hiring Chris Perri Law, this phase usually takes three to four months to complete.
During this stage, our attorney, Chris Perri, will immerse himself in the case specifics. He will obtain and study all relevant records, speak to witnesses, talk to experts, and look for any holes in how the trial attorney and prosecutorial team approached the case. No stone will be left unturned during Chris’ thorough examination.
We often describe this phase as similar to what a doctor does when trying to diagnose a medical mystery or problem. They run series of tests and consult with experts in an effort to find outside-the-box solutions. Chris Perri does the same when he's working up an assessment of which issues we might raise on a writ to prove a conviction wrongful.
At the end of the investigation, Chris Perri meets with the client and family to receive their input and provide recommendations on next steps. The proposals usually fall into one of the following areas:
1. Continue to phase two. If Chris Perri has found one or more sound legal issues to raise on a writ of habeas corpus, he will advise moving forward. More on this in the next section.
2. Hire an expert, such as a private investigator or DNA specialist. The last thing our firm wants to do is charge you for phase two of the writ process if there isn’t enough evidence to work with. However, sometimes, our case review reveals the potential for evidence that could persuade a court to overturn a wrongful conviction, but the evidence is not yet in our hands. If this is the situation, our team may suggest hiring an expert to try to obtain the necessary proof. We understand that people’s time and money is valuable, so our firm is very targeted and judicious in recommendations to bring other team members on board. If we can obtain the necessary proof, we will then suggest moving to phase two.
3. Pause and wait. If after concluding his rigorous case investigation Chris Perri has not found enough evidence to successfully move forward, he will tell you honestly. Except in rare circumstances, people only get one chance at filing a writ of habeas corpus. Because of this, we do not ever want to lead someone to file a frivolous writ we know will lose. Sometimes, as disappointing as it can be, it is best to pause the process and wait to see if any new evidence presents itself in time. You’d be amazed at how often this happens, and when it does, we are always ready to jump back into the saddle and get to work.
Phase Two: Preparing and Litigating the Writ of Habeas Corpus
To continue the medical metaphor, phase two is when Chris Perri performs the “surgery.” If you hire our firm to complete the second phase of our writ process, you are hiring our skilled team to craft and file a thorough and compelling legal document that can sometimes be as long as a book. This document is the writ of habeas corpus itself, and will include all relevant evidence and case law to bolster the legal claims in hopes of overturning the wrongful conviction.
The writ drafting process typically takes three to four months. Before the writ of habeas corpus is ever filed with the court, Chris Perri will also make sure the client and family have weighed in on the document and feel confident in the product.
The fee for this phase also includes the cost of arguing the merits of the writ of habeas corpus in the courtroom. This either occurs via written filings or a live evidentiary hearing where both sides have the opportunity to examine witnesses. Once the writ is filed, the trial court has six months to decide whether to recommend granting or denying the writ.
The writ is ultimately forwarded to the state’s highest criminal court, the Court of Criminal Appeals, which is located in Austin, Texas. They have the final decision power on whether to grant or deny the writ, taking into consideration the trial court’s recommendation.
Why Chris Perri Law
For nearly 20 years, Chris Perri has devoted his legal career to fighting for those who have been wrongfully convicted of crimes all over Texas. An award-winning criminal defense attorney with a thorough understanding of the law and honed skill set, he and his team are here to help.
To schedule a free case consultation with Chris Perri Law, call us at (512)269-0260 or visit www.chrisperrilaw.com today.