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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101758
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is there a statute of limitations on requesting or filing a

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Is there a statute of limitations on requesting or filing a writ of habeus corpus ?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is no. There is no statute of limitations for a Writ of Habeas Corpus. Technically, such a writ can be filed at any time of incarceration.

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Customer: replied 3 years ago.

Can a writ of habeus corpus be filed for someone who was innocent but already completed their term of incararation?


 

Thank you for your follow up.

I am afraid not. A Writ of Habeas Corpus is meant to have the prisoner challenge their incarceration - that is the main point of the Writ. If the prisoner is freed, then there is no longer a need to file the Writ of Habeas Corpus since they are freed.

If the ex-prisoner feels that they were wrongly incarcerated, they can move for a new trial based on new evidence, overturn the original verdict, and then possibly sue the district attorney/state for wrongful incarceration.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years ago.

If a person was never afforded a jury trial because the person received poor counsel and although requested and wanted a trial was told by the public defender the only result would be guilty and he was guilty just because he was arrested in Texas and then was told to plead no contest and that no contest was not the same as pleading guilty, would that person be able to request a trial?

Hello,

The Defendant has to make the argument that they received poor counsel within only a certain amount of time (typically, 30 days) after being convicted or pleading guilty. Ergo, I am afraid at this time, it may be too late to do so... I am sorry to say.
Customer: replied 3 years ago.

If there is evidence a crime never occurred or new evidence that shows the person was wrongly arrested is there any way of getting a pardon based on innocence in texas? Thank you for answering.

Hello,

My pleasure. If you have new evidence, the way to get a "pardon" is to file for a new trial based on the new evidence and prove that the individual was innocent, and then override the original conviction. This can be done only if the evidence is compelling.
Customer: replied 3 years ago.

Can this be done if the person originally pleaded no contest?


 

Hello friend,

Technically, yes. However, the evidence has to be very compelling. In other words, it cannot be something that just possibly questions the guilt, but something that strongly implies innocence. Yes, this can be done because the individual did not plead guilty, but no contest, thus never admitting guilt (this helps).
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