Protecting your rights after conviction.
Have you been recently convicted and are thinking of filing for an appeal?
Have you exhausted all the Texas state appeals remedies, such as direct appeals at the circuit courts, PDR claims, or habeas claims?
You don’t need to worry anymore because The Law Office of Robert Sirianni is ready to file a motion for post-conviction relief or habeas corpus as soon as you contact us.
Under United States law, a defendant who has exhausted all their rights to appeal can still pursue other legal options, such as filing a motion for post-conviction relief. This motion gives the defendant a chance to be heard once more by a different jury.
At the Law Office of Robert Sirianni, we have successfully filed several post-conviction relief motions. Our post-conviction appeals law firm has a team of highly experienced criminal defense attorneys who focus solely on post-conviction relief motions.
Return to our post-conviction lawyer page to read more about our appeals.
A writ of habeas corpus is filed by defendants who have exhausted all their rights of appeal, including motions for post-conviction relief. We work with a team of attorneys who are members of the Order of Coif and were prosecutors or clerks of law.
Each writ of habeas corpus attorney has in-depth insight into the U.S. legal system and the rules of criminal procedure.
Visit our appellate law firm of Texas page to learn how our lawyers help you win litigation and appeals.
Our Texas criminal appeals lawyers handle post-conviction motions throughout the state.
Our criminal appeals attorneys in Texas always work extra hours to ensure that they develop effective legal strategies on how to handle a given criminal appeal case, always preparing writs and legal briefs after conducting painstaking legal research.
The Law Office of Robert Sirianni’s main goal is to ensure that our clients win their appeals and that their constitutional rights are not violated.
The criminal habeas lawyers at our firm handle cases in:
| Harris County | Fort Bend County |
| Dallas County | Montgomery County |
| Tarrant County | Brazoria County |
| Bexar County | Nueces County |
| Travis County | McLennan County |
| Collin County | Brazos County |
| El Paso County | Hays County |
| Denton County | Comal County |
No matter how deep you think your legal troubles lie, the Texas criminal appeals attorneys at our firm are here to help. Even if your issues seem insurmountable, our appeals lawyers are here to help you get through the appeal process – however long it may take. Our post-conviction appeals lawyers in Texas will review your plea, sentence, conviction, or jury trial in criminal court.
Tennessee Post Conviction Relief Motions are also an essential legal avenue for those seeking justice after a wrongful conviction.
Our appellate lawyers are highly skilled in legal research, and thus preparing writs and arguments is not a problem.
We may also present oral arguments in Supreme Court appeals to maximize our clients’ chances of winning.
Whether the defendant was given an unfair trial, received an excessive sentence, or the appellate judge broke the rules, we are here to give our clients legal advice to ensure the verdicts are overturned.
We also present appeals to the Supreme Court in cases where the trial court misapplied criminal or civil procedural rules.
At the Law Office of Robert Sirianni, our main aim is to provide experienced legal counsel to clients throughout the state of Texas.
If you have recently been convicted of a crime or seen a judgment handed down in civil court that threatens to ruin your financial security, give us a call today!
You will get an experienced post-conviction relief attorney standing by to help you take the first step toward overturning your initial judgment. You have nothing to lose and everything to gain with us.
In a federal case, you are required to file for post-conviction relief within one year of the written date on the judgment and sentence. If the conviction was decided after a jury trial, there can be a variety of grounds for filing an application for a writ of habeas corpus. For a guilty plea, you – the defendant – may have waived your right to bring post-conviction relief.
In case of conviction in a state jurisdiction, there is no time limit for filing post-conviction relief. The absence of a deadline is a unique feature of Texas appellate procedures. However, federal statutes impose a time limit for filing a federal habeas corpus petition attacking a state conviction.
As you must first show that you presented your allegations to the state courts, you are bound by a time limit on the filing of the state petition, which can become even more pressing if you’re having difficulty in proving your allegation. The decision on whether to bring the incomplete application to the State court to avoid losing the federal habeas corpus route can be a hard one for an appeals attorney. This is an important question to ponder before deciding what to do when faced with time limitations.
Article 11 of the Texas Code of Criminal Procedure describes the various types of writs you can use when seeking post-conviction relief. For instance, you can use a writ drawn under Article 11.072, or in some cases, 11.08. The best option in a felony conviction where your appeals have been rejected is usually a writ under Article 11.07.
The grounds for filing an application for post-conviction relief are broader in comparison to the federal level, as the defendant typically does not waive the right to bring post-conviction relief at the time of a guilty plea. Like the federal system, there is no limitation on the grounds for which post-conviction relief can be filed.
It is not uncommon to find news stories of people who were wrongly convicted or served time for a crime they did not commit. You may also read about cases that were not properly tried. In such cases, you need to raise the pertinent issues through post-conviction relief to get your case before the judge once again.
You may want to know if a writ is the best way to remove unwanted or unfair items from your record. You may be eligible for other forms of relief, such as a motion for non-disclosure, a petition to restore your civil rights, or a motion to seal under the Family Code in a juvenile delinquency case.
Our post-conviction attorneys consider the facts of the case, review paperwork, and interview with you to determine the most suitable strategy. We also file Texas federal writs of habeas corpus in Texas Federal District Courts. Federal writs of habeas corpus are filed in United States District Courts, such as the Houston Federal District Court, under Rule 2254 or Rule 2255.
To help you secure relief, we conduct an investigation that includes obtaining and reviewing all records, documents, and transcripts of trials and hearings, reviewing all interviews with witnesses, and even looking into the prospects of introducing new evidence establishing the basis and innocence.
Filing a habeas corpus petition calls for a comprehensive understanding of procedural rules. It is essential if you’re already in prison and you want the court to grant you relief. We have extensive experience filing habeas corpus petitions on behalf of clients who are challenging their imprisonment and convictions. It is important that you have a strong support system throughout the process. You need an experienced and knowledgeable lawyer who’s aggressive in bringing ignored facts, denial of constitutional rights, and illegal sentences to the attention of the judge.
Article 11.07, §3(d) of the Code of Criminal Procedure authorizes a trial court to hold a hearing on an application for habeas corpus in a non-death penalty felony conviction. The Court of Criminal Appeals has established an extremely lenient standard for when a hearing should be held in a habeas corpus application.
If an applicant “has alleged facts that, if true, might entitle him to relief, . . . the trial court [should resolve] the factual issues presented in accordance with Article 11.07, §3(d) of the Code of Criminal Procedure” by holding a hearing. Ex parte Patterson, 993 S.W.2d 114, 115 (Tex.Crim.App. 1999); see also Ex parte Hernandez, 398 S.W.3d 369, 374 (Tex.App. – Beaumont 2013, no pet.) (“In our opinion, the issues raised by Hernandez in his application allowed the parties to develop the record beyond the written record of the prior plea proceedings, and a further development of the record is required so the trial court may make an informed decision on the issues in dispute.”). Hernandez held that, under the circumstances, the trial court was required to receive the applicant’s testimony whether by hearing or, if his “actual appearance was impractical” because he was being detained by federal authorities, then by deposition or teleconference.
Accordingly, under Patterson, a hearing is required in an 11.07 when the facts are in dispute. Read more about the 11.07 process and find a form post conviction writ of habeas corpus: Texas 11.07 Form Post-Conviction Motion Habeas Writ
Our experienced attorneys will review your case and provide feedback on your appeal options at no cost.
Get skilled post-conviction representation to pursue relief, challenge your conviction, and seek a reduced sentence under Texas law.
Article 11.07 governs the procedures for filing an application for a writ of habeas corpus in felony cases where the applicant seeks relief from a final conviction imposing a penalty other than death. This process allows individuals to challenge the legality of their confinement based on constitutional or jurisdictional grounds that were not raised on direct appeal. The application must be filed with the clerk of the court where the conviction occurred, and upon receipt, a writ of habeas corpus is issued by operation of law, returnable to the Texas Court of Criminal Appeals in Austin.
Article 11.072 addresses writ applications in cases involving defendants who are either currently on community supervision (probation) or have completed it. This provision is specifically designed to challenge orders of deferred adjudication or straight probation. The application is filed with the clerk of the court that issued the order, and if denied, the applicant has the right to appeal to an intermediate court of appeals.
Article 11.07 is used for final felony convictions resulting in incarceration, while Article 11.072 pertains to cases involving deferred adjudication or probation.
Applications under Article 11.07 are filed in the convicting court but are ultimately reviewed by the Texas Court of Criminal Appeals. In contrast, Article 11.072 applications are handled by the convicting district court, with the possibility of appeal to an intermediate appellate court if denied.
Brownstone Law is a national appellate litigation firm that focuses on handling appeals in federal courts across the United States, including Texas. The firm specializes in both civil and criminal appeals, offering services to clients seeking to challenge trial court decisions. Their Texas appellate attorneys are experienced in preparing appellate briefs and presenting compelling legal arguments in state and federal appeals courts. For individuals interested in pursuing post-conviction relief or appealing a court decision in Texas, Brownstone Law provides legal representation and consultation services.
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