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San Antonio Criminal Writ of Habeas Corpus Lawyers | Post-Conviction Relief

Wrongfully Convicted or Denied a Fair Trial? A Writ of Habeas Corpus May Be the Answer.

If you’ve exhausted your appeal options but believe your conviction or imprisonment was unjust, a criminal writ of habeas corpus may be your path to relief. At Jones & De La Garza, we are recognized statewide for our work in post-conviction litigation—particularly in filing writs of habeas corpus for clients in San Antonio, Bexar County, and across Texas.

Led by appellate attorney Dayna L. Jones, our firm has helped clients overturn wrongful convictions, reduce harsh sentences, and expose violations that went unchallenged at trial. We dig deep, uncover hidden errors, and present compelling legal claims through detailed habeas applications.

What Is a Criminal Writ of Habeas Corpus in Texas?

A writ of habeas corpus is a post-conviction legal remedy that challenges the legality of a person’s imprisonment. Unlike direct appeals, writs allow the introduction of new evidence, constitutional violations, and issues that weren’t previously raised or addressed in court.

In Texas, the Code of Criminal Procedure provides several types of writs, including:

  • Article 11.07: Applies to individuals convicted of a felony and sentenced to prison in the Texas Department of Criminal Justice (TDCJ). This writ is the most commonly used post-conviction remedy for incarcerated individuals who are no longer eligible for direct appeal. It allows the applicant to raise issues such as ineffective assistance of counsel, newly discovered evidence, prosecutorial misconduct, due process violations, and other constitutional errors that impacted the fairness of the trial or plea.
  • Article 11.072: Applies to individuals who are not incarcerated but are serving a term of community supervision (probation). It allows similar claims as an 11.07 writ, including violations of constitutional rights, errors in the underlying conviction, and issues surrounding the imposition of probation. This writ is filed in the convicting court and is particularly important for professionals and others trying to clear their name without having served time in prison.
  • Article 11.071: Reserved exclusively for death penalty cases. This writ governs the post-conviction review process for individuals sentenced to death in Texas. It includes strict deadlines and specific procedures and allows the defense to raise new evidence, ineffective assistance, mental illness, innocence, and other constitutional claims. This is one of the most complex and urgent types of habeas litigation.

You may qualify for habeas relief if:

  • You received ineffective assistance of counsel
  • The prosecution withheld evidence (Brady violation)
  • Your guilty plea was involuntary or coerced
  • Newly discovered evidence supports your innocence
  • Forensic science used at trial was later discredited
  • Your sentence exceeded legal limits

Types of Habeas Corpus Relief We Handle

  • Article 11.07 writs (for clients serving time in TDCJ)
  • Article 11.072 writs (for clients on probation or community supervision)
  • Federal 2254 and 2255 habeas petitions
  • Successive writs and actual innocence claims

We consult with forensic experts, psychologists, and investigators to strengthen our claims and ensure the court sees the full picture in your case.

Why Hire Jones & De La Garza for a Habeas Case?

  • Decades of post-conviction experience in Texas and federal courts
  • Dayna L. Jones has multiple exoneration cases listed in the National Registry of Exonerations
  • Extensive appellate and writ litigation experience in Bexar County and statewide
  • Meticulous review of transcripts, records, and legal errors
  • Known by judges and lawyers as a go-to firm for difficult post-conviction cases

Frequently Asked Questions

Q: What is the difference between an appeal and a writ of habeas corpus?

A: An appeal reviews the trial for legal errors based on the existing record. A writ of habeas corpus can introduce new evidence or claims that weren’t presented in the original trial or appeal.

Q: Can I file an 11.07 writ if I’ve already lost an appeal?

A: Yes. In fact, most 11.07 writs are filed after appeals are exhausted. It’s the most common post-conviction relief for incarcerated Texans.

Q: What if my lawyer never investigated key evidence?

A: That may be grounds for a habeas claim based on ineffective assistance of counsel, especially if the evidence could have impacted the outcome.

Q: Can I get released while my writ is pending?

A: Rarely, but in some cases involving strong innocence claims or constitutional violations, release on bond is possible pending resolution.

Recent Case Success

Our firm successfully overturned a felony conviction after uncovering suppressed evidence through an 11.07 writ. The case was dismissed, and our client was released after serving years on a wrongful conviction.

In another case, a client’s sentence was significantly reduced after we demonstrated errors in the original plea process via an 11.072 writ. The client kept their professional license and continued working without interruption.

Speak With a San Antonio Writ of Habeas Corpus Lawyer Today

If you or someone you love was wrongfully convicted or suffered constitutional violations at trial, Jones & De La Garza can help. We’ll review your case, determine your eligibility for habeas relief, and fight to restore your rights and freedom.

Call us or fill out our secure contact form to schedule a consultation.

Client Reviews

Very qualified and competent!

Joseph Ecke

She did a wonderful job in my case and get it over turn

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The best lawyer you could ever have I appreciate the professionalism and treating everyone with respect 🙂

Julie Alderete

Worked great with my mental health and fighting my cases

Aaron Torres

Hands down one of the nicest, most attentive people I’ve ever met thank you so much for helping me realize my issue !!!

Austin Spicuzza

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Our office is located in the heart of downtown San Antonio at 401 S. Presa Street, San Antonio, Texas 78205, inside the historic Walter Tynan Building. This iconic location not only places us steps away from local and federal courthouses, but also reflects our deep roots in the San Antonio legal community. We are proud to serve clients from across Bexar County and beyond with unmatched dedication and accessibility.

San Antonio Office
401 S Presa St

San Antonio, TX 78205

Phone: 210-401-0000
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