Few situations in life are more devastating than a wrongful or too harsh conviction. Such a tragedy doesn’t just harm the person convicted — it wrecks the entire family. While it can feel like all hope is lost, options are still on the table. If you or your loved one has been unjustly convicted of a crime in Texas, there are two legal avenues to try to reverse the conviction: appeals and writs of habeas corpus. We explain both in further detail below.

Austin-based criminal defense attorney Chris Perri has extensive experience successfully practicing all types of post-conviction criminal law. Unlike many lawyers, he is licensed to practice both state and federal law. In fact, he’s routinely sought after as one of the top appellate attorneys in Texas. With a sharp legal mind and an award-winning practice, Chris Perri can help you decide which post-conviction strategy would be most effective for you or loved one’s particular situation.

A wrongful criminal conviction doesn’t mean the fight is over. Chris Perri Law is here to help. Call (512)269-0260 to schedule your free case consultation today.

Criminal Appeals in Texas

Sometimes, the judge and jury get it wrong. Sadly, innocent people receive unfair sentences on a regular basis. When they do, the American legal system allows them to appeal to a higher court for relief, but one must act quickly. In Texas, a defendant has only 30 days to notify the courts of their intent to appeal following the case’s final judgement. If the case is federal, then they only have 14 days. However, if a defendant misses this deadline, they can still pursue a writ of habeas corpus. Chris Perri Law can help you navigate this process.

Under most circumstances, appeals are only helpful in cases where there was a trial or suppression hearing. This is because appeals are limited to raising issues stemming from the trial or hearing itself, such as a mistaken ruling by the judge. Writs, however, can help following both trials and plea deals.

When hired to handle a criminal appeal, Chris Perri will meticulously review the trial transcript to analyze every possible angle that could prove the outcome was unfair. Examples of legal issues to raise on an appeal could include:

• The trial court wrongly allowed prosecution evidence that should have been excluded

• The judge improperly blocked defense evidence from being presented

• A constitutional issue was incorrectly decided during a pre-trial hearing

• Errors were made in how the sentence was calculated or imposed

• The judge misunderstood or misapplied the law

After his thorough case analysis, Chris Perri will then organize the most compelling arguments into the appeal, which is a persuasive document presented to the higher courts. If the higher courts are convinced, the defendant will receive a new trial. If they deny the appeal, then the defendant can try again with the court above them, all the way up to the U.S. Supreme Court.

Rest assured, if you hire Chris Perri Law, no rock with be left unturned, no legal angle left unexplored. There is a reason why other attorneys often seek his guidance and that he continues to be chosen every year for the highly selective Texas SuperLawyers list —when it comes to criminal appeals and writs, Chris Perri is one of the top legal minds in Texas.

To learn about our pricing for criminal appeals, click here.

Writs of Habeas Corpus in Texas

Like criminal appeals, writs of habeas corpus are a post-conviction relief procedure aimed at overturning wrongful convictions. Unlike appeals, however, writs are not limited to raising trial errors. In addition to trial verdicts, they can also reverse plea deals. Writs of habeas corpus are much more flexible than appeals and provide an opportunity to present new evidence to the appellate courts that could prove a conviction was unjust for a variety of reasons, including:

• Actual innocence

• Trial attorney failures

• Misconduct by the jury or prosecution

For example, a writ of habeas corpus allows a defendant to present new evidence that could prove their innocence, such as new DNA findings or a witness recantation. Or, if there are grounds to prove that the prosecution illegally hid key materials from the defense during trial, then a Brady claim can be raised on a writ. 

One of the most common allegations presented on a writ of habeas corpus is that a defendant’s trial attorney rendered “ineffective assistance of counsel,” such as neglecting to object to certain evidence or failing to adequately investigate the case. In a writ proceeding, appellate lawyer Chris Perri can argue that the previous trial attorney’s mistakes were inexcusable and ultimately responsible for the poor outcome.

If hired to assist with a federal or state writ of habeas corpus, Chris Perri will rigorously analyze every case detail to develop the strongest defense possible with the goal of reversing the conviction. Our writ process is extensive and collaborative, which you can read about more here.

Chris Perri has helped clients overturn wrongful convictions through the writ of habeas corpus process, and he’s ready to help you or loved one, too.

For information on the cost of a writ of habeas corpus at our firm, click here.

Request a Free Case Consultation with Chris Perri

Our Unique Process at Chris Perri Law

Chris Perri is one of a select few criminal defense attorneys to have a robust federal and state post-conviction practice. Based in Austin and practicing throughout Texas, our firm has successfully helped clients reverse wrongful convictions through appeals and writs of habeas corpus, and we may be able to help you, too. 

Through his 20+ years of experience as a post-conviction criminal defense lawyer, Chris Perri has refined his process in order to offer the highest quality and fairest service to those seeking help. Below is our unique process, explained.

Step 1 – Free Case Consultation

If you are interested in pursuing an appeal or writ for yourself or a loved one, the first step is to schedule a free case consultation with our firm, Chris Perri Law. This meeting will give both you and Chris Perri the opportunity to decide if working together makes sense.

During this initial consultation, we will provide a cost estimate, as well as a recommendation on whether to pursue a writ or an appeal. If we believe there is no chance of either route being successful, we’ll be upfront and tell you. We pride ourselves on honest and straightforward communication. If we do take your case, you can be confident that we will fight with everything we have to obtain the best result possible.

Step 2 – Case Investigation 

If you move forward with hiring our criminal defense firm, we operate in two phases. First, we begin with a case investigation. This is before the preparation of the writ or appeal begins, so you only have to pay for the case investigation, not the entire process, upfront. Many post-conviction lawyers automatically charge the entire fee from the start, but we believe it’s most fair to handle post-conviction cases step by step when possible. However, if a time-sensitive appeal is obviously the best move, sometimes it does make sense to combine steps 2 and 3.

During the case investigation phase, Chris Perri will rigorously analyze every angle of the case—no detail is too small. He’ll study all records, interview witnesses, work with experts such as private investigators or DNA testing specialists, and develop a thorough and honest assessment of the strength of arguments he could raise in an appeal or writ. 

Step 3 – Prepare Writ or Appeal 

If you decide to move forward with hiring our firm to prepare a writ of habeas corpus or appeal, we will be with you every step of the way. Chris Perri will craft a persuasive argument, file it with the federal or Texas courts, and zealously litigate the case before judges on your behalf. We also view this part of the process as collaborative. Before we ever file any documents, we make sure the client and their advocates feel confident and satisfied with the final product. Ultimately, an attorney’s job is to represent and communicate the voice of their client. Our firm takes this responsibility very seriously.

Chris Perri Law Is Here to Help.

An award-winning attorney who has argued in front of the 5th Circuit, Chris Perri has extensive experience helping people try to overturn state and federal wrongful convictions in Texas.

In fact, over 20 years ago, Chris Perri began his career in criminal law in the appellate division of the Travis County District Attorney’s Office. There, he learned to write compelling appellate briefs, and his years in the DA’s office taught him how judges and prosecutors think. This experience allows him to anticipate the arguments that will be raised in an appeal or writ and prepare a convincing case to withstand those arguments. 

We understand that hiring an attorney for an appeal or writ is a significant investment — financially, logistically, and emotionally. With our firm on your side, you can rest assured that you’ve put the case in the best hands possible.

A criminal conviction doesn’t mean the fight for freedom is over. To learn more about your options, call our award-winning criminal defense firm, Chris Perri Law, at (512) 269-0260 for a free consultation today. No matter your situation, you deserve the best defense.