Appeals/Post-Conviction/Innocence Claims

An individual convicted of a criminal charge faces a daunting future. Yet some convicted criminals were never provided a genuinely fair trial. If you have any concern regarding the fairness of your trial, contact an experienced criminal defense attorney without delay. Otherwise, you will be forced to live the rest of your life with the black mark of a criminal conviction. It will sting especially if you have even the slightest suspicion you were tried unfairly.

Courts are willing to reconsider guilty verdicts in light of new evidence or another legitimate reason. Houston appeals lawyer Wayne Hill is here to help you through the challenging appeal process as well as a possible writ of habeas corpus. Each of these processes was instituted to assist individuals in situations similar to yours. Though it is possible to submit an appeal, the window of time to do so is brief. Take action today before time runs out.

If you ally with a Houston appeals attorney quickly, it might be possible to file a motion that allows for a new trial. Such an action can also lead to a successful appeal or even the application for a post-conviction writ of habeas corpus. Writs of habeas corpus refer to the final opportunity for a defendant to present arguments relating to his innocence, the improper handling of a case that affected his rights under the United States Constitution, or both. Team up with criminal defense attorney Wayne Hill and he will explain the many different motivations to apply for a writ, whether it is the prosecution’s misconduct, ineffective assistance of counsel, or the presentation of new evidence that can prove one’s innocence.

A writ of habeas corpus must be filed in order to combat a criminal conviction after it has been handed down. The defendant’s attorney must be able to show one of the following to bring such a writ:

• A jurisdictional error
• An error that renders the original conviction void
• Innocence proven with new, clear and convincing evidence that is now available so that no jury hearing it would decide upon a conviction
• The violation of a constitutional right

A second writ of habeas corpus can be brought before the court if a violation of a defendant’s federal constitutional rights can be demonstrated, and but for such a violation, a rational panel of jurors could not issue a guilty verdict. However, this legal maneuver must also be based on evidence that was not previously available.

Though these tests seem fairly straightforward, only the most skilled and experienced criminal defense attorneys can present new evidence in such a manner that increases the likelihood of receiving a fair judgment for his client.