The Writ of Habeas Corpus Process: What to Expect at Chris Perri Law
Not every criminal conviction is right or just, and if you’ve landed on this page, you probably know that all too well. While an unfair case outcome can leave defendants and their loved ones feeling hopeless or lost, the fight isn’t necessarily over. Legal options may still be on the table.
In Texas, most federal or state conviction reversals are granted through one of two procedures: criminal appeals or writs of habeas corpus. Learn more about how these legal avenues compare here.
Many people have heard of appeals, but fewer know about writs of habeas corpus, which allow defendants to introduce new evidence not previously considered by the courts.
In this article, we explain what a writ of habeas corpus is and when it is useful, as well as our unique two-phase approach to the procedure. If you have questions or would like to speak directly with our team now, please call us at (512) 269-0260.
What Is a Writ of Habeas Corpus?
Like a criminal appeal, a writ of habeas corpus is a legal procedure that aims to overturn a wrongful or unfair conviction at the state or federal level. Sometimes, people refer to a writ as a “Chapter 11.07” or “Chapter 11.072.” These terms reference where state writs of habeas corpus are discussed in the Texas Code of Criminal Procedure. Writs for federal convictions are governed by 28 U.S.C. 2255, which is a section of the federal criminal code.
Appeals are limited to raising errors already in the record, such as a judge making a bad call. Writs of habeas corpus, however, allow defendants to introduce new evidence not previously considered. If the court finds the new claims have merit, then the writ application may be granted.
Examples of issues commonly raised on writs of habeas corpus include:
Actual innocence
Newly discovered evidence
Proof that prior “evidence” should be discredited
Ineffective assistance of counsel
Prosecutorial or jury misconduct
Unlike criminal appeals, writs of habeas corpus are available to people who lost at trial and to those who accepted a plea deal.
Further, writs are not as time sensitive as appeals. That said, it is still in the best interest of the case to move swiftly. While state writs do not have firm deadlines, the courts can deny them for being too old – this is called the laches rule. For federal cases, however, writs must be filed within one year of the final judgment.
Lastly, if you’ve lost your criminal appeal, you may still be able to pursue a writ. Many people think they’re out of options when they’re not: the writ of habeas corpus procedure may still provide a path forward.
Our Two-Phase Writ of Habeas Corpus Process
Chris Perri has over two decades of experience practicing appellate criminal defense in Texas. Over the years, he has developed a unique two-step process for post-conviction cases that is especially useful for writs of habeas corpus. Our intention is that this two-pronged approach provides the fairest and highest quality legal representation. We explain both phases in greater detail below.
Phase 1: Case investigation
Phase 2: Writ preparation
Unlike some firms, Chris Perri Law does not charge for the entire writ of habeas corpus procedure upfront. Instead, we bill for each phase separately. Learn more about our writ pricing here.
Further, we will never force or pressure a client to advance to the second phase. After completion of our case review, we will, however, offer honest and knowledgeable recommendations on next steps.
By the time people come to us, they have often had negative experiences with prior lawyers. At Chris Perri Law, we are sensitive to this reality. Our team is committed to acting in the best interest of our clients and their families by leading with competence, transparency, and compassion for clients and their loved ones.
Phase 1: Case Investigation
The first step in our writ of habeas corpus process is called the case investigation. Upon retaining Chris Perri Law, this phase usually takes four to five months to complete. Occasionally, the process can take longer if there are delays in obtaining necessary records.
During this stage, Chris Perri will complete a comprehensive case review in search of potential issues that could help prove the conviction was wrongful or unjust. While Chris tailors case investigations to the needs of each individual client, his process often includes:
Review of trial transcripts and other records
Evaluation of the prior trial attorney’s representation
Witness interviews
Consultations with experts
New evidence examination
Extensive legal research
We often describe this initial phase as similar to what medical doctors do when trying to diagnose complex medical mysteries and then develop potential treatment protocols. They review records, interview the patient, run series of tests, and consult with experts in an effort to discover outside-the-box solutions. Chris Perri does the same when he's working up an assessment of which issues might successfully be presented on a writ of habeas corpus.
At the end of the investigation, Chris Perri convenes with the client and their advocates to share his findings, receive their input, and provide recommendations on next steps. The proposals usually fall into one of the following areas:
1. Continue to Phase 2. If Chris Perri has found one or more sound legal claims to raise on a writ of habeas corpus, he will advise moving forward. More on this in the next section.
2. Gather more evidence. Chris Perri will never recommend filing a writ that’s not ready. Sometimes, our case review reveals the potential for evidence that could persuade the courts, but the evidence is not yet in our hands. If this is the situation, Chris will discuss options on how to obtain such potential evidence with the client and their loved ones.
Often, Chris Perri may advise retaining a relevant expert, such as a private investigator, forensic psychologist, or DNA specialist, to try to acquire the necessary proof. We understand that people’s time and money are valuable, so our firm is very targeted and judicious when suggesting to bring other team members on board. Then, if we obtain the evidence needed, Chris will recommend advancing to Phase 2.
3. Pause and wait. If after concluding his thorough case investigation Chris Perri has not found enough evidence to build a solid argument, he will tell you honestly. Except in limited circumstances, people only get one chance to file a writ of habeas corpus. Because of this rule, Chris does not ever want to advise someone to file a frivolous writ he knows will lose. Sometimes, as disappointing as it can be, the most strategic move is to pause the process and wait to see if new evidence presents itself in time, such as a new witness coming forward. If it does, we are always ready to jump back in and get to work.
Phase 2: Preparation of the Writ of Habeas Corpus
The second phase of the process is where Chris Perri prepares and litigates the writ of habeas. To continue the medical metaphor, this is when Chris Perri refines his “treatment plan” and performs the “surgery.”
Preparation
The preparation includes drafting the extensive writ document, filing it with the appropriate courts, and possibly arguing the evidence in front of a judge.
The writ drafting process usually takes two to three months, though timing can vary depending on the needs of the case. Before the writ of habeas corpus is ever filed in the court system, Chris Perri will make sure the client and their advocates have weighed in on the document and feel confident in the final product. The process is collaborative.
Litigation
Once the writ is filed, the state or federal trial court typically has six months to decide whether to recommend granting or denying the writ. Sometimes, the presiding judge requests a live evidentiary hearing, where Chris Perri, along with prosecutors, would have the opportunity to present the case and examine witnesses in front of the court.
In state cases, once the trial court judge has made their decision, their official recommendation along with the writ of habeas corpus document is forwarded to the state’s highest criminal court, the Texas 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.
In federal cases, the trial court judge makes the final decision themselves on whether to grant or deny the writ. This decision can then be appealed through normal federal appellate channels.
Read more about what happens if the writ of habeas corpus is granted.
Why Chris Perri Law
For over 20 years, Chris Perri has devoted his legal career to fighting for those who may have been wrongfully or unjustly convicted. He represents clients seeking post-conviction relief across Texas and is passionate about ensuring our state and federal laws are applied fairly—especially to those facing steep consequences such as time in prison, burdensome registration requirements, or tarnished records.
If you or someone you care about has potentially been wrongfully convicted of a federal or state crime in Texas, we may be able to help. Call us at (512) 269-0260 to speak with Chris Perri Law today.
Originally published April 10, 2024; updated October 6, 2026