The process of securing a successful 11.07 Writ of Habeas Corpus and having your or your loved one’s conviction and sentence overturned is no small feat.
But what happens next? Let’s walk through the steps and what you can expect.
The Immediate Aftermath
When your conviction or sentence is overturned, you are set for a new trial unless you were found actually innocent through the Habeas Corpus process.
In most cases, this means your case will return to the trial court, and you will be given the opportunity to bond out of jail. You can then work with your attorney to prepare for the new trial.
Effectively, you will go through the same phases as the first time:
- Plea Bargain Phase
- Pre-trial Phase
- Trial Phase
What to Expect in a New Trial
There will be new dynamics if you go to trial.
Often, the original people involved in your case may no longer care, may have died, may have moved on, or may have even forgotten the details. In some cases, the prosecuting attorney, police investigators, even the judge in your original case may have retired or passed away, which can work in your favor.
Case Dismissal
There are instances where your case might be dismissed if the prosecution cannot locate key witnesses or if significant developments during the Habeas Corpus process have weakened their case.
For example, discovering exculpatory evidence, also known as Brady evidence, could likely result in a dismissal or a not guilty verdict.
Sentencing Concerns – Pleas Bargain and Jury Trials
If you feel over-sentenced or worry about a harsher sentence upon retrial, here’s some reassurance:
If you were sentenced without a plea bargain, and the sentence gets overturned, the judge cannot impose a harsher sentence than initially given.
This is considered “retaliation,” and there is clear case law preventing it.
However, if you opt for a jury trial, the jury can impose a harsher sentence as they will be unaware of the previous trial or appeal process.
The Practical Side
In many cases, prosecutors prefer to resolve these cases quickly to avoid the hassle of retrying old cases. This could work to your advantage, as they might offer to dismiss the case or agree to a more favorable plea bargain.
The Writ of Habeas Corpus here in Texas is a powerful tool that can significantly improve your or your loved one’s situation.
Don’t fear the potential consequences; in most cases, you will find yourself in a better position than before.
You’ll be freed from prison and able to bond out of jail.
At the very least, you’ll
- Have the chance to negotiate a better deal,
- Get your case dismissed,
- Or win at trial.
Things to Think About
Conviction is not the only thing people wonder about.
Sometimes, it may be that they feel over sentenced, or maybe they plea bargain case and the attorney didn’t represent them effectively.
They feel like they are going to get hit worse than in the first place if they challenge this.
There are some things that can prevent that from happening.
If you have gone through the sentencing process without a plea bargain, and you’ve been sentenced by a judge or jury, and that for some reason gets overturned through the 11.07 Writ of Habeas Corpus process or Appeal process, that is when your case comes back down.
If you go through a trial again or open a plea before the judge where you plead guilty and the judge assesses the sentence, then the judge cannot impose a harsher sentence than you received before.
There’s clear case law that considers this as “retaliation.”, meaning that the judge is prohibited from sentencing you more than you had been sentenced to before. Therefore, If you go through a trial and you are electing to be sentenced by a jury, and you’re effectively found guilty in the jury trial, and you ultimately have to be sentenced by a jury, the jury can sentence you more than what you were sentenced before because they will not know about the appeal process and the Writ of Habeas Corpus process that you went through.
So a lot of times you’ll want to work those cases out or you’ll get the judge to sentence less, but a lot of times the cases come back and the prosecutor’s offices in the cases just want these cases to go away.
That’s mainly because they’re not easy cases to deal with after it’s been several years and they have to do it all over again after they’ve dealt with it one whole time before.
Of course, if they go through the trial process again, that could risk losing the trial.
And so many times they just want to get rid of it.
Final Thoughts
The 11.07 Writ of Habeas Corpus process in Texas for post-convitcion relief is something you should pursue.
Don’t be afraid of what consequences may come.
- Get a new trial because in almost all cases, your situation is going to be better than it is right now.
- You are going to get freed from prison, be able to bond out of jail, and then at a minimum, you can negotiate for a better deal.
- You could get your case dismissed, or you could beat your case in a jury trial.
About The Attorney
Jacob Blizzard is board certified in both criminal law and criminal appellate law, practicing in state and federal criminal defense, criminal appeals, and post-conviction writs of habeas corpus.
In Texas, out of over 100,000 licensed attorneys, only 87 are board certified in both criminal law and criminal appellate law.
Jacob Blizzard is one of them, making him part of the elite 0.087% of attorneys in Texas with these certifications.
If you believe you’ve been wrongfully convicted or need legal advice, don’t hesitate to reach out for professional guidance.
