Services

About Innocence and Sentencing Mitigation Center, LLC.

Our  central  office  is located in Houston, Texas. We also work with attorney's, post conviction specialist, paralegals, legal assistants and private investigators around the country. 

 We treat our customers like they are family. We believe in a straightforward relationship with all our clients. Other companies may offer similar services, but our services are the best, and come with a personal touch. We do not do boilerplate work. Some of our staff, have over 25-years of document preparation experience in both State and Federal Courts.  We provide an aggressive team approach towards legal research and case analysis on a professional level. We are not a law firm. We are post-conviction specialist, research teams, investigators, paralegals, and legal assistants. We do not offer free advice. Our contact information is in the top right of the page. Serious inquiries only.

We are experts in document preparations in all areas of Texas post-conviction proceedings under Tex. Code Crim. Proc. Ann. Art. 11.07 (habeas corpus), Post-Conviction DNA testing, and Motion for New Trials and Successive Motion practice.

General post-conviction remedy process:

Texas Habeas Petitions and Post-Conviction: 11.07 Motions

If you or someone you know has been convicted of a crime and if you/they are dissatisfied with the sentence or conviction, relief is possible via Texas Art. 11.07. 

Art. 11.07. PROCEDURE AFTER CONVICTION WITHOUT DEATH PENALTY

Sec. 1. This article establishes the procedures for an application for writ of habeas corpus in which the applicant seeks relief from a felony judgment imposing a penalty other than death.

Sec. 2. After indictment found in any felony case, other than a case in which the death penalty is imposed, and before conviction, the writ must be made returnable in the county where the offense has been committed.

Sec. 3.  (a)  After final conviction in any felony case, the writ must be made returnable to the Court of Criminal Appeals of Texas at Austin, Texas.

(b)  An application for writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged was obtained, and the clerk shall assign the application to that court.  When the application is received by that court, a writ of habeas corpus, returnable to the Court of Criminal Appeals, shall issue by operation of law.  The clerk of that court shall make appropriate notation thereof, assign to the case a file number (ancillary to that of the conviction being challenged), and forward a copy of the application by certified mail, return receipt requested, by secure electronic mail, or by personal service to the attorney representing the state in that court, who shall answer the application not later than the 30th day after the date the copy of the application is received.  Matters alleged in the application not admitted by the state are deemed denied.

(c) Within 20 days of the expiration of the time in which the state is allowed to answer, it shall be the duty of the convicting court to decide whether there are controverted, previously unresolved facts material to the legality of the applicant's confinement.  Confinement means confinement for any offense or any collateral consequence resulting from the conviction that is the basis of the instant habeas corpus.  If the convicting court decides that there are no such issues, the clerk shall immediately transmit to the Court of Criminal Appeals a copy of the application , any answers filed, and a certificate reciting the date upon which that finding was made.  Failure of the court to act within the allowed 20 days shall constitute such a finding.

(d)  If the convicting court decides that there are controverted, previously unresolved facts which are material to the legality of the applicant's confinement, it shall enter an order within 20 days of the expiration of the time allowed for the state to reply, designating the issues of fact to be resolved.  To resolve those issues the court may order affidavits, depositions, interrogatories, additional forensic testing, and hearings, as well as using personal recollection. The state shall pay the cost of additional forensic testing ordered under this subsection, except that the applicant shall pay the cost of the testing if the applicant retains counsel for purposes of filing an application under this article.  The convicting court may appoint an attorney or a magistrate to hold a hearing and make findings of fact.  An attorney so appointed shall be compensated as provided in Article 26.05 of this code.  It shall be the duty of the reporter who is designated to transcribe a hearing held pursuant to this article to prepare a transcript within 15 days of its conclusion.  On completion of the transcript, the reporter shall immediately transmit the transcript to the clerk of the convicting court.  After the convicting court makes findings of fact or approves the findings of the person designated to make them, the clerk of the convicting court shall immediately transmit to the Court of Criminal Appeals, under one cover, the application, any answers filed, any motions filed, transcripts of all depositions and hearings, any affidavits, and any other matters such as official records used by the court in resolving issues of fact.

(e)  For the purposes of Subsection (d), "additional forensic testing" does not include forensic DNA testing as provided for in Chapter 64.

Sec. 4.  (a)  If a subsequent application for writ of habeas corpus is filed after final disposition of an initial application challenging the same conviction, a court may not consider the merits of or grant relief based on the subsequent application unless the application contains sufficient specific facts establishing that:

(1) the current claims and issues have not been and could not have been presented previously in an original application or in a previously considered application filed under this article because the factual or legal basis for the claim was unavailable on the date the applicant filed the previous application; or

(2) by a preponderance of the evidence, but for a violation of the United States Constitution no rational juror could have found the applicant guilty beyond a reasonable doubt.

(b) For purposes of Subsection (a)(1), a legal basis of a claim is unavailable on or before a date described by Subsection (a)(1) if the legal basis was not recognized by and could not have been reasonably formulated from a final decision of the United States Supreme Court, a court of appeals of the United States, or a court of appellate jurisdiction of this state on or before that date.

(c) For purposes of Subsection (a)(1), a factual basis of a claim is unavailable on or before a date described by Subsection (a)(1) if the factual basis was not ascertainable through the exercise of reasonable diligence on or before that date.

Sec. 5. The Court of Criminal Appeals may deny relief upon the findings and conclusions of the hearing judge without docketing the cause or may direct that the cause be docketed and heard as though originally presented to said court or as an appeal.  Upon reviewing the record, the court shall enter its judgment remanding the applicant to custody or ordering his release, as the law and facts may justify.  The mandate of the court shall issue to the court issuing the writ, as in other criminal cases.  After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner.

Sec. 6. Upon any hearing by a district judge by virtue of this Act, the attorney for applicant, and the state, shall be given at least seven full days' notice before such hearing is held.

Sec. 7. When the attorney for the state files an answer, motion, or other pleading relating to an application for a writ of habeas corpus or the court issues an order relating to an application for a writ of habeas corpus, the clerk of the court shall mail or deliver to the applicant a copy of the answer, motion, pleading, or order.

Technically, there is no time limit for filing post-conviction relief following conviction. The absence of a deadline is a unique feature of Texas appellate procedures. 

Texas also  allows people convicted of misdemeanor and felony convictions to remove unwanted or unfair items from your  record.  Texas also provides other  forms of relief,  such as a motion for non-disclosure, a petition to restore your civil rights, or a motion to seal under the Family Code in a juvenile delinquency case. In order to assist, our staff will consider the facts of the case, review paperwork and interview you to determine the most suitable strategy. We also file Texas federal writs of habeas corpus in the District Courts. Federal writs of habeas corpus are filed in United States District Courts under Rule 2254 or Rule 2255.

To assist you or someone secure relief, we will conduct an investigation that includes obtaining and reviewing all records, documents, and transcripts of trials and hearings, reviewing all interviews with witnesses, and even looking into the prospects of introducing new evidence establishing basis and innocence.

Preparing a habeas corpus petition calls for a comprehensive understanding of procedural rules.  We have extensive experience preparing habeas corpus petitions on behalf of lawyers and their clients, challenging their imprisonments and convictions. A client seeking to challenge his/her conviction or sentence, needs an experienced, knowledgeable and aggressive post-conviction team to assist with  preparing documents that will allow our clients to bring ignored facts, denial of constitutional rights and illegal sentences to the attention of the judge.

Our team of paralegals, legal assistants, post-conviction specialist and private investigators  are  standing by to assist  you or someone else  take the first step toward overturning the  judgment or sentence.  Get in touch with our office now!

Contact our team of  post-conviction specialist at 713-399-0699.