Dallas Post-Conviction Relief Attorney

Post-Conviction Relief Lawyers Assisting Those Convicted of Crimes in Dallas

Habeas corpus, often referred to as the "Great Writ," is a powerful legal tool that may be used to challenge unlawful detention and protect individual freedoms. By filing a writ of habeas corpus, a person can request a court to review the legality of their detention.

At Bennett & Bennett, we assist clients interested in filing writs of habeas corpus in various situations where such petitions can be filed, including violations of constitutional rights involving unlawful arrests, coerced confessions, illegal searches and seizures, the denial of the right to counsel, and cases of actual innocence. Our firm's mission is to safeguard the fundamental rights of all, providing exceptional legal assistance to those in need.

Unlawful Arrests: Challenging Detention Without Just Cause

An arrest must be based on probable cause, meaning there must be sufficient evidence to believe that the person has committed a crime. When an arrest is made without probable cause, it constitutes an unlawful arrest. A habeas corpus petition can be filed in these cases to challenge the detention. This not only ensures that people who are wrongfully convicted are not deprived of their liberty but that they are also granted their constitutional rights under the Fourth Amendment.

Coerced Confessions: Ensuring Voluntariness in Criminal Proceedings

Confessions obtained through coercion or duress violate the Fifth Amendment right against self-incrimination. If a person is forced or pressured to confess to a crime, that confession may be deemed involuntary, which makes it therefore non-usable in court. In situations like this, a habeas corpus petition can be filed to contest the legitimacy of the detention based on an involuntary confession. This is essential for protecting criminal defendants against abuses of power and ensuring that justice is fairly administered.

Illegal Searches and Seizures: Safeguarding Fourth Amendment Protections

The Fourth Amendment guards against unreasonable searches and seizures, requiring law enforcement to obtain a warrant based on probable cause. Like confessions given under duress, evidence obtained through illegal searches and seizures cannot be used in court. If a person's detainment or conviction is based on this kind of illegally obtained evidence, that person can file a habeas corpus petition to challenge its legality. This process helps maintain the integrity of the legal system and prevents the violation of constitutional rights.

Denial of the Right to Counsel: Guaranteeing Fair Legal Representation

The Sixth Amendment guarantees the right to legal counsel. When a person is denied this right, it can dramatically impact the fairness of their trial and overall legal proceedings. A habeas corpus petition can be filed if the denial of counsel leads to an unjust conviction or detention. This ensures that everyone receives fair representation, regardless of their circumstances, which protects the principle of justice for all.

Actual Innocence: Seeking Exoneration for the Wrongfully Convicted

One of the most compelling grounds for filing a writ of habeas corpus is actual innocence. For instance, new evidence may emerge that definitively proves a person's innocence. In these cases, a person can seek exoneration through a habeas corpus petition. This is especially important in cases where the judicial system has failed, leading to the wrongful conviction of an innocent person. Presenting conclusive evidence can help right the terrible injustice of an innocent person being put behind bars.

Contact Our Dallas Post-Conviction Lawyers

Habeas corpus is a consequential legal mechanism for protecting individual liberties and ensuring justice in the legal system. Whether challenging unlawful arrests, forced confessions, illegal searches and seizures, the denial of the right to counsel, or seeking exoneration for actual innocence, habeas corpus plays a pivotal role. At Bennett & Bennett, we are committed to defending your constitutional rights and advocating for justice. In addition to helping clients file habeas corpus petitions, we can provide representation during criminal appeals. If you believe your rights have been violated, contact our firm by calling 713-224-1747. Schedule a confidential consultation today.

Back to Top