Is it possible to file an 11.07 Writ of Habeas Corpus after entering a plea bargain?
That means, you’ve gone to court, entered a plea of guilty, and had an agreed sentence.
The agreed sentence is a part of what you’re serving now.
However, many people often think that there’s nothing you can do.
You’re thinking that since you accepted that as a plea bargain and you waive your right to appeal, therefore, you can’t challenge that conviction in any way.
Well, that’s not true.
You can challenge a plea bargain sentence.
However, you can’t do it through direct appeal typically.
Most of the time you challenge a plea bargain through the 11.07 Writ of Habeas Corpus process and instead of looking at errors that your trial counsel made in trial or on appeal, you’re looking for errors in your trial counsel’s investigation of the case, his knowledge of the law and facts of your case.
You’re also looking for Brady material, evidence of actual innocence, prosecutorial misconduct, and you could even have due process violations.
You may have been wrongly admonished during the plea hearing, the judge told you the wrong information during your plea hearing and you pled guilty as a part of that.
There is a certain required admonishment that has to be given in a plea and if a judge gives an incorrect admonishment, it could lead to that being considered an involuntary plea. So these are types of situations where you can still challenge your plea of guilty. It’s not hopeless.
So if it’s something you’re interested in:
- Dig deep into the records,
- Do your research,
- Contact an attorney, and visit with an attorney who is experienced in doing 11.07 writs and see what they can do for you in a case like that.
About The Attorney
Jacob Blizzard is board certified in both criminal law and criminal appellate law.
He regularly practices in the areas of state and federal criminal defense, criminal appeals, post conviction writs of habeas corpus.
In Texas, there are more than 100,000 attorneys licensed to practice, but only 7,450 are board certified.
In the entire State of Texas, as of the 2019 certification year, there were only 87 attorneys board certified in both criminal law and criminal appellate law, making Mr. Blizzard one of 0.087% of attorneys in Texas to hold both of those certifications.