Now that you’ve hired an attorney, what happens between the hiring and filing of the application? This article is going to unveil that secret.
The attorney is going to know as much as they can about the prospective client by doing just a little bit of research, just on what the client was convicted of, the offense convicted of, the sentence received, and whether there was a direct appeal filed.
If there was a direct appeal…
- Has it been finalized?
- Has there been a writ of habeas corpus filed?
The family member or the friend comes to the consultation ready to share the story, the background, and what happened.
Then you will also tell the attorney what you think went wrong, which is the whole point of the conversation.
- Why do you think that your loved one is in prison illegally?
- Are they being held unconstitutionally?
After those conversations happen and it turns out that you want to hire the attorney and the attorney determines that there’s a viable case worthy of pursuit, then comes the record-gathering process.
Record Gathering Process
This process can require a little time because there is a lot that goes into it.
The records are spread far and wide.
So the attorney may be required to go to past counsel to gather those things.
The attorney will contact the past defense counsel, the prosecutor, appellate counsel, and more.
The fact is, it can be difficult to get those files from the prosecutor.
Record gathering can also take a little while, but the records will be gathered.
Oftentimes, the methods that are used are phone calls and emails, or sometimes letters. An attorney also sends letters online, requesting the records.
Several police departments have open record request forms online. So there are myriad ways of accumulating those records.
The Review Process
Once the attorney gathers the records, the review process starts.
Here, the attorneys will review all of the transcripts and watch all of the videos, to check for body cam video or security footage.
He reads all the police reports or anything available throughout that case.
The attorney is going to review it all while keeping an eye out for those issues.
If it was a plea agreement, what was the plea agreement?
Was it voluntary?
Those kinds of things are constantly in the background of the attorney’s mind while he or she is reviewing those records.
Construction of an 11.07 Writ Application
After the review of the records, the writ application and the brief that supports it are being constructed.
Remember, the writ application is actually a form that can be downloaded from the Court of Criminal Appeals website and that is where the facts are placed. So you have as many grounds as you can come up with.
In the writ application you assert the ground, and then the facts that support that ground.
The second part of the application is a brief in support, and that is where the attorney and more of the research comes in, which the attorney has to explain to the court.
The brief in support and the application along with any type of documents or exhibits that need to be attached are then filed as the application with the convicting court.
Now that you’ve hired an attorney, what happens between the hiring and filing of the application?
About The Attorney
Sarah Durham focuses on and can often be found working on post conviction writs of habeas corpus, including 11.07; new evidence; and other extraordinary writs for post conviction relief. Sarah’s practice focuses on appellate advocacy. On a given week, she may write a brief to one of the fourteen intermediate courts of appeals throughout Texas or submit a petition for discretionary review to the Texas Court of Criminal Appeals.
Sarah also focuses on and can often be found working on post-conviction writs of habeas corpus, including 11.07; new evidence; and other extraordinary writs for post-conviction relief.