If you’ve been convicted and are either serving time in prison or on probation in Texas, you might feel like your options are limited to overturn your conviction.
But there could still be a path forward if you have new evidence to present. Whether it’s proving your innocence or demonstrating flaws in your trial, understanding the process is vital.
There is so little information out there for folks to learn about post-conviction actions that could lead to freedom. Here’s a straightforward guide to help you take the right steps, depending on where you are in your post-conviction process.
Step 1: Reflect on Where You Are in the Legal Process
Before you proceed, timing is critical. The legal process provides different mechanisms for presenting new evidence depending on how recently you were convicted.
Within 30 Days of Conviction? File a Motion for a New Trial
A motion for a new trial is one of the fastest ways to have your case reconsidered if you’ve been convicted within the past 30 days. This motion allows you to bring new facts to light that were not included in your trial.
Examples of evidence you can present include:
- Proof that a witness lied under oath (e.g., via a confession or new findings from an investigation).
- Evidence that existed but was not revealed during the trial due to oversight or ineffective representation by your lawyer.
To support your motion, attach affidavits from individuals who can verify the new evidence, such as investigators or other witnesses. Remember, you only have 30 days to file this motion, and it cannot be amended after this period to add new grounds.
If granted, the trial court can overturn your conviction or at the very least preserve issues for an upcoming direct appeal.
Already in Prison? Understanding the Direct Appeal Process
If more than 30 days have passed and you’re undergoing the direct appeal process, the focus will remain on errors present in your trial record. Unfortunately, no additional evidence can be presented during this stage, even if it proves your innocence.
The direct appeal process typically concludes when the Texas Court of Criminal Appeals issues a mandate, making your conviction final. At that point, other legal options become available.
Step 2: File an 11.07 Writ of Habeas Corpus After Final Conviction
Once your Texas conviction is deemed final, you can file an 11.07 Writ of Habeas Corpus. This legal tool primarily focuses on constitutional violations that make your imprisonment unlawful.
Common grounds for filing an 11.07 writ include:
- Ineffective Assistance of Counsel: If your lawyer’s performance failed to meet constitutional standards.
- Prosecutorial Misconduct: For example, withholding evidence favorable to your case (known as Brady material).
- Due Process Violations: Any procedural errors during your trial that violated your legal rights.
Additionally, you can pursue an Actual Innocence claim:
New Evidence: If you’ve uncovered compelling new evidence that clearly and convincingly proves you did not commit the crime.
Constitutional Violations Linked to Innocence: This includes evidence of a flawed trial process, such as suppressed exculpatory evidence or gross negligence on the part of your defense attorney.
How to File Your Writ
To file an 11.07 writ, your application must include:
- A clear explanation of the legal or factual grounds for relief.
- Supporting documents, including affidavits from witnesses or professionals (e.g., investigators, attorneys).
You do not have to be an attorney to file a writ to overturn your conviction, but we do urge that if you do it on your own, you do it correctly or you will lessen your chances of success. Check out our YouTube channel for Texas Winning Freedom for the Incarcerated in Texas which can educate you on how to do a proper 11.07 writ.
Once the writ is filed with the trial court, an evidentiary hearing may be scheduled. At this hearing, the court will evaluate and weigh the credibility of the evidence before forwarding findings to the Texas Court of Criminal Appeals for a final decision.
Partner with a Trusted Post-Conviction Advocate
Navigating any aspect of post-conviction law can be overwhelming without experienced legal counsel by your side. This is where Jacob Blizzard stands out.
With dual board certifications in Criminal Law and Criminal Appellate Law, Jacob is recognized as one of Texas’ most esteemed post-conviction attorneys. His unwavering dedication to the defense has led to countless success stories, freeing wrongfully imprisoned individuals through meticulous advocacy.
Why Choose Jacob Blizzard?
- Expertise: One of the few attorneys in Texas holding dual board certifications in criminal law and appeals. He is also nationally board-certified by the National Board of Trial Advocacy.
- Unwavering Advocacy: Jacob has never stood on the side of prosecution and instead focuses relentlessly on defense, earning recognition as a Top 100 National Trial Lawyer and a Super Lawyers Rising Star.
- Wide Jurisdiction: Licensed by the Supreme Court of Texas, multiple federal courts, and the United States Supreme Court, Jacob’s practice extends across state and federal court systems.
Want to learn more about Jacob Blizzard and his successful track record? Check out his profile on the Texas Board of Legal Specialization here.
Taking the Next Step
Every wrongful conviction deserves justice, and no one should remain imprisoned due to suppressed evidence, ineffective counsel, or procedural errors.
If you believe new evidence or a constitutional violation can change the outcome of your case, time is of the essence.
Seek to overturn your conviction, freedom is possible Contact Blizzard and Zimmerman for a free risk-free assessment of your or your loved one’s case. and begin your pursuit of justice and freedom.
