A writ of habeas corpus (Latin for “produce the body”) is a legal tool that can be used to challenge a defendant’s imprisonment. It’s a legal order that requires the government or custodian of an individual to bring them before a court or judge and show cause for their detention or imprisonment. This means that if the defense believes that the accused is being held in violation of their constitutional rights, a writ of habeas corpus can challenge their imprisonment or detention.
In Texas, the writ of habeas corpus is often used in criminal cases to challenge the legality of sentencing or detention. For example, a writ of habeas corpus may be filed on behalf of the defendant if they were convicted of a crime based on newly discovered evidence or improper jail conditions. It is designed to protect people’s right not to be held for long periods of time in prison in violation of their rights. For more information about writs of habeas corpus, or if it’s an option for your case, call our office for a consultation at (806) 372-5711.