San Antonio Writ of Habeas Corpus Attorney
Texas Lawyer — Unlawful Detainer
When convicted of a crime, you have the opportunity to appeal the conviction. If you are unsuccessful on appeal and are in custody, you might be able to file a writ of habeas corpus in some circumstances.
In the case of unlawful detainer (where the court did not have proper jurisdiction over your case or your constitutional rights have been violated), our attorney Gary F. Churak will fight to see that you are released from custody.
Contact a San Antonio writ of habeas corpus attorney today.
What Is Habeas Corpus?
Habeas corpus is an attack on a final conviction. Because of this, it cannot be filed until an appeal has been decided and the criminal defendant is in custody — habeas corpus is not available to a criminal defendant on probation and is no longer available after a sentence has been served.
Because habeas corpus cannot take the place of an appeal, most issues must be raised on direct appeal. In many cases, it is more favorable to do so because the standard of review is lower — meaning it is easier for the defendant to win. In habeas corpus, the defendant must prove they were substantially harmed.
Also, some claims cannot be raised on habeas corpus, which is intended for lack of jurisdiction over criminal defendant and constitutional violations. Statutory violations, evidentiary rulings, and procedural rulings can only be raised on direct appeal.
Experienced Assistance From Gary F. Churak
Attorney Churak has argued writs of habeas corpus cases for more than 30 years. The Law Offices of Gary F. Churak, P.C., strives to ensure that our clients' rights are protected.
When your rights have been violated and a conviction is threatening your freedom and your family, you need an attorney who will fight for you. Contact a Texas post-conviction litigation attorney experienced in appeals for a free initial consultation. Call us at 210-764-6720 or toll free at 866-936-9430 after 5 pm. We can be reached 24 hours a day, 7 days a week.
