How Can I Appeal My Sentence in Texas?

 Posted on June 06, 2024 in Appeals

Sometimes, a defendant is punished with a sentence he feels is illegal. If so, he can try to appeal the sentence by filing something known as a writ of habeas corpus, which is a legal procedure aimed at determining whether the court has unlawfully convicted and sentenced someone. This article will examine how you can do that in Texas. Of course, if this applies to you, speak with a qualified Montgomery County, TX criminal defense attorney for more tailored advice on how to appeal your sentence.

Responding to an Unjust Sentence

In the state of Texas, convicted defendants have two ways of establishing that their sentence is not legal:

• Unlawful conviction: They can claim that their sentence is not lawful because they were unjustly convicted of a crime that they did not commit.
• Unlawful length of sentence: They might admit that they committed the crime attributed to them and agree that they deserve some sort of punishment but dispute the specific sentence on the grounds that it is too severe for the crime.

How to Use Article 11.07

For most convictions, except those involving the death penalty, article 11.07 is the legal avenue for filing a writ of habeas corpus or to appeal your sentence. It is only applicable when a final conviction has been handed down.

Your writ of habeas corpus needs to include the applicant, the person restraining them - generally the prison warden, and your reasons why you think your sentence is not lawful. To demonstrate this last part, you should include coherent facts that can persuade the court.

The Court of Criminal Appeals decides whether the petition for a writ of habeas corpus is valid. It will then forward it to the state for a response. If there is no response after 15 days, it is assumed that the state denied the petition. If the state does file a response, the court is given 20 days to render its decision.

The rest of the process can be complicated, so you should hire a reliable attorney you can trust. The court might decide to pursue your petition and forward findings, and it might reject it. Either way, you need dedicated legal representation that will ensure your rights are being protected.

Schedule a Free Consultation with a Dallas, TX Appeals Lawyer

If you believe you were wrongfully sentenced, speak with a trusted Fort Worth, TX criminal defense attorney to understand your rights and options. At Pullan & Young, we are passionate about defending our clients aggressively regardless of the charges. Call us at 936-647-1540 to schedule a free consultation so we can get started on your case.