How Much Does a Writ of Habeas Corpus Cost in Texas?
You’ve been found guilty of a crime in Texas. Then, your appeal was denied. Or perhaps you pled guilty, so didn’t even get the option to appeal. Now what? Is there still room for hope?
The answer is yes—you still have options. While many people are familiar with criminal appeals, less know of the other legal avenue to overturn wrongful criminal convictions: writs of habeas corpus. In fact, at Chris Perri Law, we’ve had more success reversing wrongful convictions, including in plea deal cases, through writs than appeals.
In this article, we’ll explain what exactly a writ of habeas corpus is, as well as the general pricing for such a legal procedure at our firm. We do our best to maintain fees that are reasonable, fair, and above all transparent, as we recognize the emotional and financial exhaustion families often feel at this point in the process.
Keep in mind that the fees presented in this article are estimates. If you’d like a more exact price quote, please reach out for a free case consultation.
First off, What Exactly Is a Writ of Habeas Corpus?
Both appeals and writs of habeas corpus are legal procedures that aim to overturn wrongful and unjust criminal convictions, however they do have key differences. Appeals focus strictly on trial errors, while writs are the best avenue to present any new evidence that wasn’t available at trial and/or to present claims of ineffective assistance of counsel.
Also, keep in mind that If you took a plea deal, you probably signed away your rights to appeal. However, you still have the right to pursue a writ of habeas corpus.
At Chris Perri Law, we break up our writ of habeas corpus process into two phases: the investigative phase and the litigation phase, which explain in greater detail here. During the investigative phase, Chris will thoroughly analyze a post-conviction case to assess its chance for success on a writ and develop a solid plan of attack if possible. He usually completes this process within 90-120 days.
After the investigation, Chris and the client will then have an in-depth meeting, where together they decide if it would be fruitful to move forward with actually preparing the writ. Sometimes, it makes sense to bring in experts or private investigators at this point in order to gather additional evidence to support the writ claims. This choice is made collaboratively and strategically.
If all agree to move forward, the writ preparation phase usually takes Chris Perri about 60 days to complete, however this can vary depending on any other experts involved. Once the writ is presented to the courts, the process typically takes 6-9 months.
How Much Does a Writ of Habeas Corpus Cost?
While our goal is to maintain competitive writ fees, we also hope that our pricing reflects the experience, quality, and skill level Chris Perri Law brings to the table.
At our firm, the total legal fee for a writ of habeas corpus ranges from $20,000 to $40,000. That said, most writs cost around $25,000. The price variation is dependent on specific factors such as:
Whether the case stems from a plea deal or a trial
The length of the trial (if there was one)
The severity of the charge
Whether the case is state or federal
As we mentioned before, our writ process operates with two phases: investigative and litigation. The fee for the investigative portion of the case is half the total legal fee. If you and Chris ultimately decide not to advance to the litigation phase, then you are not committed to paying the other half of the legal fee. For example, if Chris quotes your $30,000 for a writ, you will pay $15,000 for the legal investigation. Afterward, you and Chris can decide together whether there is enough evidence to enter the next phase. If so, you’ll then pay the second half of the fee.
This two-phase process differentiates us from many other firms who require that you commit to the full writ fee upfront. Our intention is to ensure that you only pay for services rendered, and that, true to our ethos of honesty, we stop taking payment if we don’t believe there is a chance of success at this point.
Are There Any Additional Costs Besides Legal Fees?
While most cases do not necessitate additional spending, some do. Any such decisions are made together with the client and family. Below, we outline some of the most common types of additional fees that may occur in this process:
Trial Transcript
If you had a trial but did not pursue an appeal, then you will need to pay to obtain the trial transcript. Typically, trial transcripts cost $1,000 per day of trial. However, if you previously pursued an appeal, even with a court-appointed appellate lawyer, then we should be able to access the transcript without an additional payment. Further, if you took a plea deal, then there is no trial transcript to acquire.
Private Investigator
Sometimes, it makes sense to hire a private investigator to find and interview potential witnesses. At Chris Perri Law, we have strong relationships with skilled investigators at various price points. Most often, hiring a private investigator costs around $1,000 total, but this can vary.
Experts
To add credibility and help bolster arguments, retaining experts can at times be advantageous. The pricing of experts ranges widely, though most often the fees are around $5,000 to $10,000 total.
Types of experts we’ve worked with include:
Forensic psychologists
Medical doctors
Legal experts
Crime scene reconstruction professionals
Cell phone tower experts
Forensic chemists
Ballistic experts
And more
We understand that the legal fees and additional costs of a writ can be daunting. However, we want to reassure you that every financial choice is ultimately up to the client and family. You will never be surprised with an unexpected bill. Further, not all cases benefit from experts, and we will only suggest them when we see substantial benefit.
What If I Can’t Afford to Hire a Writ Attorney?
While the United States Constitution guarantees the right to a criminal appeal, it does not guarantee the right to a writ of habeas corpus. That said, if you have been convicted in a death penalty case, then you are eligible for a court-appointed lawyer to help you with one writ at no cost to you. Keep in mind, however, that you will not be able to choose the attorney assigned to you.
For those who do not qualify for a free writ but also cannot afford to hire an attorney, we recommend applying to The Innocence Project of Texas, which is a nonprofit legal organization that works to free innocent people who’ve been wrongfully convicted of crimes in Texas.
Why Chris Perri Law
Selecting a post-conviction criminal defense lawyer is often a very personal decision. At this point in the process, defendants and their families are emotionally and financially spent. If they decide to hire yet another attorney, they want one who has a track record of relevant experience, trustworthiness, and success.
As an award-winning lawyer with over sixteen years of experience in post-conviction criminal defense at both the federal and state level, Chris Perri is passionate about helping those who’ve been wrongfully and unjustly convicted. Based in Austin and practicing throughout Texas, our firm has won appeals and writs of habeas corpus.
If you or someone you care about has been wrongfully convicted of a crime, we’re here to help. Contact Chris Perri Law at (512)269-0260 or www.chrisperrilaw.com for a free consultation today.