Understanding Post-Conviction Writs
Post-conviction writs are of the lesser-known filings in criminal law, but they can be an incredibly useful legal tool if you have already received a conviction. Below, we have provided answers to some of the questions we hear most frequently about post-conviction writs.
How can a post-conviction writ help me if I’ve been convicted of a crime?
A post-conviction writ is the decision a higher court makes after an appellate case has been upheld by a higher court. The post-conviction writ of habeas corpus can be filed if someone has been detained unfairly or their constitutional rights have been withheld.
What is a writ?
A “writ” is a written order from a court that requests that a government entity take action on a case. There are many different types of writs, but a post-conviction writ is a writ from a criminal case that has been appealed to a higher court. If the higher court upholds the decision of the lower court, the defendant may file a writ to challenge the decision of the court on the basis that their fundamental rights have been violated. For example, a writ of habeas corpus challenges how a person has been detained – it can be filed if a person has been detained unfairly.
What’s the difference between a writ and an appeal?
A writ is generally used only when a criminal defendant has no other options. For example, if a court decides to try a case outside of its jurisdiction, an attorney may file a writ to get that court to transfer the case to a different jurisdiction.
Get Answers To All Your Criminal Defense Questions At A Free Consultation
To schedule a free initial consultation, call Travis Bryan Law Group at 832-447-7619 or reach us via email. From our office in Pasadena, Texas, we serve clients throughout the Houston metro area and the Coastal Plains. We offer flat-fee, pre-trial billing, and payment plans and case financing to ensure you have access to affordable and experienced counsel during your time of need.