Appeals & Writs of Habeas Corpus Overturn Your Criminal Conviction

Houston Appeals & Writs of Habeas Corpus Attorney

Providing Post-Conviction Relief to Clients Across the Greater Houston Area

If you or someone you love has been unfairly convicted of a crime, you still have options to seek justice. If your case went to trial or involved a contested sentencing hearing, you can appeal and ask a higher court to review your case with the goal of overturning your conviction or sentence. Alternatively, you may be able to file a writ of habeas corpus—a legal action that can successfully challenge your criminal conviction if your constitutional rights were violated.

Navigating these post-conviction legal avenues is complex. You need a lawyer with significant experience in appeals and writs of habeas corpus. 

I, Attorney Stephen Aslett, am one of the few defense attorneys in the Houston area who handles both appeals and writs of habeas corpus and who has successfully obtained reversals of clients' convictions using both approaches. I have argued before the First and Fourteenth Courts of Appeals and am among the few attorneys who are board-certified in criminal law—a distinction that only 1% of Texas attorneys hold.

If you need your criminal conviction reviewed or overturned, contact The Aslett Law Firm by calling (346) 567-8671 today for a free consultation with an appeals lawyer in Houston.

The Difference Between an Appeal and a Writ of Habeas Corpus

Many people use the terms "appeal" and "writ" interchangeably, but they serve very different legal functions. Understanding which path to take is the first step in reclaiming your freedom.

Direct Appeals: Challenging Trial Errors

A direct appeal is a request for a higher court—such as the First or Fourteenth Court of Appeals in Houston—to review what happened during your trial. It is limited strictly to the "record" of the trial. If the judge made a mistaken ruling on evidence, gave improper jury instructions, or if the prosecutor committed misconduct in the courtroom, an appeal is the primary tool to seek a new trial.

Writs of Habeas Corpus: Challenging the Legality of Detention

A Writ of Habeas Corpus is a "collateral attack" on a conviction. Unlike an appeal, a writ allows us to introduce new evidence that was never seen by the jury. This is the primary vehicle for claims such as:

  • Ineffective Assistance of Counsel: If your trial lawyer failed to investigate witnesses, missed critical deadlines, or provided a defense that fell below professional standards.
  • Actual Innocence: If new DNA evidence, a witness recantation, or forensic breakthroughs prove you did not commit the crime.
  • Involuntary Pleas: If you were coerced into taking a plea deal or did not understand the consequences of your plea.
  • Brady Violations: If the prosecution withheld evidence that could have helped prove your innocence.

Available Remedies Through Appeals and Writs

The outcomes of appeals and habeas petitions vary depending on the case. Possible remedies include:

  • Reversal of Conviction – Overturning the guilty verdict entirely.
  • Remand for New Trial – Sending the case back to trial court for retrial.
  • Sentence Modification – Reducing or altering the punishment imposed.
  • New Hearing – Ordering hearings on specific issues, such as sentencing or evidence.
  • Release from Custody – In rare and powerful cases, immediate release may be ordered.

Our role as an appeals and writs of habeas corpus lawyer in Houston is to pursue every remedy that could change the course of your case and future.

Contact Me for Your Consultation

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from The Aslett Law Firm at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Focused on Justice, Dedicated to You

Stephen Aslett is here to help you get the results you need.

  • Results That Matter

    When reputations, freedoms, and futures are at stake, practical solutions and dedicated advocacy make all the difference. I am committed to helping my clients move forward with confidence after challenging circumstances.

  • Former Prosecutor’s Insight

    My years of experience as a Harris County felony prosecutor provide valuable insight into what works in criminal cases. This knowledge allows me to craft practical strategies designed to achieve the best possible outcomes.

  • Client-Focused Representation

    Every case is unique, which is why I take a personalized approach. By limiting the number of cases I handle at one time, my clients receive the attention and time necessary to build a defense strategy tailored to their situation.

  • Direct Attorney Access

    My clients work directly with me, ensuring clear communication and consistent support throughout the legal process. I never pass cases off to associates or assistants.

  • Writ granted State v. A.B. (writ of habeas corpus)
  • Writ granted, case dismissed and expunged State v. A.G. (writ of habeas corpus)
  • Dismissed State v. A.P. (writ of habeas corpus)
  • Dismissed State v. D.K. (writ of habeas corpus)
  • Writ of habeas corpus granted and case dismissed State v. K.R. (writ of habeas corpus)
  • Writ granted and case dismissed State v. M.A. (writ of habeas corpus)
  • Writ granted, case dismissed and expunged State v. M.O. (writ of habeas corpus)
  • Writ granted, case dismissed and expunged State v. S.S. (writ of habeas corpus)

    Understanding Appeals in Houston

    An appeal is a request for a higher court to overturn your conviction or sentence on the basis of errors that occurred during your trial. In Houston, working with an appeals attorney can help you identify and present these critical errors to maximize your chances for post-conviction relief.

    Appeals in Texas are not new trials—they do not involve presenting new evidence or calling witnesses. Instead, the appellate court’s role is to review the legal proceedings from your original trial to look for specific mistakes or due process violations. 

    Grounds for an Appeal in Houston

    There are several arguments I can present as your appeals attorney in Houston to help overturn your case on appeal, including:

    • Insufficient evidence to support the conviction
    • Ineffective assistance by your trial lawyer
    • Mistakes in the jury charge
    • Violations of your constitutional rights
    • Mistakes in evidentiary rulings by the judge

    Understanding the Writ of Habeas Corpus

    A writ of habeas corpus is another option for post-conviction relief. A writ of habeas corpus challenges your conviction by asserting that your constitutional rights were violated during the legal process. Working with a Houston appeals attorney is important for successful preparation, as Houston’s courts follow rigorous guidelines when reviewing post-conviction claims.

    Unlike a direct appeal, a writ of habeas corpus often allows you to raise issues that are outside the trial record, such as new evidence or information about what happened between you and your trial lawyer. Preparing a strong writ requires gathering affidavits, records, and supporting materials that show the court exactly how your rights were violated and why those violations matter. 

    Because Texas places limits on successive writs, I work carefully with you and your family to identify every potential ground for relief before anything is filed so that your one opportunity is as complete and persuasive as possible.

    Eligibility to File a Writ of Habeas Corpus in Houston

    You are eligible to file a writ of habeas corpus after you have exhausted all other appeals. Claims you can raise in a writ of habeas corpus include:

    • Ineffective assistance of counsel
    • Involuntary plea
    • Illegal sentence
    • Actual innocence

    If you have an eligible claim, you typically have only one opportunity to file it, making it essential to have an appeals lawyer in Houston with significant experience in handling writs of habeas corpus.

    Deadlines Apply to Appeals and Writs in Houston

    One of the most critical aspects of appeals and writs of habeas corpus is timing. Missing a filing deadline can mean losing the opportunity for relief entirely. For example:

    • Notice of appeal must generally be filed within 30 days after sentencing.
    • Habeas corpus petitions in state court may have time limits based on when the conviction became final.
    • Federal habeas petitions typically must be filed within one year of the conviction becoming final, subject to exceptions.

    We emphasize deadlines because they are unforgiving. Having an appeals and writs of habeas corpus lawyer in Houston ensures that your rights are protected and no opportunities are lost due to procedural errors.

    Secure the high-level advocacy your case deserves. Call The Aslett Law Firm at (346) 567-8671 or reach out online for a free consultation with a former prosecutor who specializes in appeals and writs of habeas corpus.

    • He got my son off a murder charge.
      - Cary W.
    • If I didn't have him representing me I'm certain that I would've been convicted on false charges.
      - Shaina W.
    • If you need a criminal defense attorney, this is the lawyer to call.
      - David B.

      Types Of Criminal Convictions I Handle On Appeal In Houston

      Not every conviction in Houston is handled the same way on appeal, and the issues I raise often depend on the type of charge you were facing. I regularly review felony and misdemeanor cases that come out of the Harris County Criminal Courts and District Courts, as well as surrounding counties in the Greater Houston area. Each category of offense brings its own patterns of error, from how evidence was collected to how juries were instructed about the law.

      For example, in drug and weapons cases, I closely examine search and seizure issues, traffic stops, and warrants to see whether officers followed the Texas Code of Criminal Procedure and constitutional requirements. In assault, family violence, and sex offense cases, I pay particular attention to how prior conduct was introduced, how experts were used, and whether unfairly prejudicial evidence was admitted. For theft, fraud, and white collar matters, I review the way financial records were handled and whether the jury was properly instructed on complex intent or value questions.

      Because I keep my caseload low, I am able to tailor my review to the unique facts of your case rather than relying on a one-size-fits-all approach. If your conviction came out of a busy docket like the Harris County Criminal Justice Center, important details can be buried in a large record, and it takes time and focus to uncover them. When we talk, I will explain which issues are most realistic to raise for your specific offense and what impact a successful appeal could have on your sentence, your record, and your future.

      The Post-Conviction Process in Texas

      The journey to overturning a conviction is a multi-stage process that requires a meticulous Houston appeals lawyer.

      • Trial Record Review: I conduct a painstaking review of the court reporter's transcripts and all evidence admitted at trial to find legal errors.
      • Case Investigation (Writs): For habeas claims, I go beyond the trial record. I interview new witnesses, consult with forensic experts, and uncover the facts that your original lawyer may have missed.
      • Briefing: The "brief" is the most important document in an appeal. It is a sophisticated legal argument that explains to the judges why the law requires your conviction to be reversed.
      • Oral Argument: In some cases, I am invited to argue before the Court of Appeals in person, answering the judges' questions and advocating for your rights.
      • Petition for Discretionary Review (PDR): If the intermediate court denies our appeal, I can take your case to the highest criminal court in the state, the Texas Court of Criminal Appeals in Austin.

      How I Approach Your Houston Appeal Or Writ Case

      Appeals and writs are document-heavy and technical, but they are also deeply personal because they involve your freedom, your job, and your family. When you contact my office, I start by listening to your story and learning what happened in court from your point of view. I then obtain the records from the Harris County Criminal Justice Center or other local courts, compare them with what you have told me, and begin identifying possible issues that could be raised in a direct appeal or in a writ of habeas corpus.

      Once I understand the record, I will outline a plan with you that may include a direct appeal, a state writ, or a federal habeas petition, depending on where your case is in the process. Because I keep my caseload intentionally small, I am able to give you realistic feedback about the strengths and weaknesses of each option rather than simply filing every possible document. Throughout this process, I stay in direct contact with you and your family so that you are not left wondering what is happening or why certain choices are being made.

      Many people seeking post-conviction relief feel frustrated because they did not fully understand their options during the original case. My goal is to make sure you are informed this time, with clear explanations of timelines, potential outcomes, and how each step fits within the Texas appellate system. Whether your conviction came from a jury trial in a Harris County district court or a plea in a nearby county, I work to make the process as clear and manageable as possible while we pursue every appropriate avenue of relief on your behalf.

      Why Choose The Aslett Law Firm In Houston

      When facing a criminal charge in Houston, you need an attorney who offers more than just legal services—you need a dedicated advocate who truly listens and cares. At The Aslett Law Firm, we believe that choosing the right defense firm is one of the most important decisions you'll make, and our approach is built on integrity and a relentless commitment to your future.

      • Former Prosecutor’s Insight: I bring years of experience working as a prosecutor in the Harris County District Attorney’s Office. This experience allows me to look at cases from all angles, anticipate the tactics the prosecution may use against you, and use that knowledge to build a strong defense.
      • Client-Focused Representation: I am committed to delivering results that matter. By limiting the number of cases I handle, I ensure that each client receives the time and attention necessary to build a personalized defense strategy. You will always work directly with me, never an associate, which supports clear communication and consistent guidance from start to finish.
      • Dedicated Advocacy: I will not just fight for you; I will take the time to think things through and position you in the best light possible. From the initial arrest to post-conviction actions, you can trust me to help you through the process and work toward reclaiming your life.

      Trust Our Houston Appeals & Writs of Habeas Corpus Lawyer to Fight for You

      Our lawyer often addresses the complexities that others have left unresolved, from significant judicial mistakes to mismanaged cases. Whatever challenges you or your loved one have faced, you can count on Attorney Aslett, an appeals lawyer in Houston, to serve as a caring and dedicated advocate. Schedule a free consultation with our firm today. 

      Call (346) 567-8671 or reach out online to discuss filing an appeal or writ of habeas corpus and learn more about the next steps for working with me, your appeals attorney in Houston.

      Continue Reading Read Less
      Get to Know The Aslett Law Firm

      Learn about my values, experience, and approach—dedicated to protecting your rights and defending your future.

      About Us