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Post-Conviction Defense Attorneys in Midland

Understanding the Writ of Habeas Corpus

Post-conviction relief might be available in your case if you have been convicted at trial or entered a plea of guilty and exhausted all of your appellate remedies. A post-conviction attack is a civil action to determine whether your confinement is in violation of constitutional rights. The most frequent challenges allege ineffective assistance of counsel or prosecutorial misconduct. As a former federal law clerk to a U.S. Magistrate Judge, Aaron E. Eckman worked on countless post-conviction cases and can provide you with superior representation.

To learn more, call our Midland post-conviction defense lawyers at (432) 223-9427. The Law Office of Aaron E. Eckman, PLLC can help!

What Does Habeas Corpus Mean?

The majority of post-conviction challenges are brought by a petition for a writ of habeas corpus. The term “habeas corpus” is a Latin phrase that means “you have the body.” In Texas, the writ of habeas corpus is defined by the Texas Code of Criminal Procedure as follows:

The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty. It is an order issued by a court or judge of competent jurisdiction, directed to anyone having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint.

A writ of habeas corpus is available in both state and federal court. In federal court, the writ of habeas corpus can be used to attack the confinement of an individual in state custody under 28 U.S.C. § 2254. A prisoner in federal custody may seek post-conviction relief in a Motion to Vacate, Set Aside, or Correct the Sentence under 28 U.S.C. § 2255.

Direct Appeals & Motions for New Trials

A direct appeal takes into account objections in your original trial’s records. You may directly appeal your case in the Court of Appeals by asking to overturn your sentence because of an error made during your original trial. Errors may include the exclusion of compelling evidence, violations of your constitutional rights, errors in the jury charge, and more. These errors must be objected to by your lawyer and officially recorded.

Your attorney may also file a motion for a new trial in order to expand the trial record. During the new hearing, you may introduce new evidence that proves errors, ineffective counsel, a violation of your constitutional rights, or another issue that led to your conviction. The Court of Appeals can then take into account this new record in considering your appeal.

The Law Office of Aaron E. Eckman Can Help

Our founding attorney’s experience as a federal law clerk to a U.S. Magistrate Judge gives him considerable expertise in this complex area of law. These cases have strict deadlines and many legal pitfalls. They are tough cases. However, if you or your family member is confined in state or federal custody, please contact us to review your post-conviction case.

For more information, please call (432) 223-9427 to schedule your free consultation with our post-conviction defense lawyers in Midland.

Our Victories

  • Charges Dismissed 3rd Degree Felony Theft
  • Charge reduced to misprision of felony. Alien Smuggling
  • Dismissed by the State at jury trial setting. Assault Bodily Injury
  • Dismissed by the State at jury trial setting. Assault Family Violence
  • Client received deferred adjudication probation Criminal Trespass
  • DWI reduced to Obstruction of a Highway. DWI
  • DWI reduced to Obstruction of a Highway. DWI
  • Case reduced to Obstruction of a Highway. DWI with Open Container
  • Reduced to misprision of a felony. Felony Distribution
  • Case Dismissed Felony Drug Charge

Client Testimonials

  • “Couldn't ask for a better lawyer.”

    Stanley

  • “He made me feel at ease and comfortable.”

    Jeremy

  • “He has done more for me than most people have my entire life.”

    Anthony

  • “He worked day and night to help me and now my record is clean.”

    Darrius

  • “Aaron Eckman made it possible for us to continue with our lives.”

    Kristi B.

The Differences

Between Freedom & Incarceration
  • Unique Experience

    We bring years of trial and appeal experience across thousands of state & federal cases.

  • Collaborative Approach

    We work closely with our clients to develop a comprehensive legal strategy for success.

  • Proven Record of Results

    Our results-driven legal representation has led to countless victories for our valued clients.

  • Established Legal Reputation

    Our firm enjoys a strong online reputation & recognition within the legal community.

Associations

  • Texas Bar College
  • National Association of Criminal Defense Lawyers (NACDL)
  • San Antonio Criminal Defense Lawyers Associations
  • Texas Criminal Defense Lawyers Association