There Is An Option To Federal Litigation
On August 19, 2009, the Texas Court of Criminal Appeals considered the Application for Writ of Habeas Corpus of Tremont Williams (No. WR-63,250-02 and 03).
Williams alleged that the Texas Department of Criminal Justice (TDCJ) violated his Due Process rights when sex offender conditions had been imposed on him when he had never been convicted of a sex offense. The trial court tried to summarily dispose of the matter by denying Williams a hearing and recommending that the Court of Criminal Appeals deny relief in the matter.
The Court of Criminal Appeals, while rarely entertaining such Writs, saw merit to William’s petition. The Court referred the case back to the trial court for resolution which could include a hearing on the merits and affidavits of evidence from the TDCJ General Counsel. The trial court was directed to make findings of fact by the Court of Criminal Appeals.
State court writs filed under Code of Criminal Procedure Article 11.07 have specific deadlines. Decisions can be made and possible relief may be obtained in a shorter time frame, with much less expense. This does not mean that State court litigation is inexpensive, as you should expect fees in the range of $25,000 to $35.000.
Remember: these cases are still in litigation (i.e. the appeals process). However, with three decisions that are favorable to the applicant, we believe that the Courts are:
- Interested in these issues
- Inclined to grant relief
The Cohen Law Firm has long maintained that the Parole Division’s and the Texas Board of Pardons and Paroles practices in the imposition of sex offender conditions was constitutionally deficient. It is apparent that these Due Process claims are finally receiving the serious attention of the Federal and State Courts. The trend is now favorable to the offender.
The Cohen Law Firm accepts cases challenging the imposition of sex offender conditions. It is our view that relief is possible for offenders who have been unconstitutionally placed on this most onerous and stigmatizing sex offender caseload.
_The complete finding for Coleman v. Dretke case can be found here
Best Parole Attorney in Texas
My grandson at age 16 accepted a plea bargain of 25 years after an attorney took his money and ran. A good attorney should not have had any trouble convincing a jury that it was self defense and not murder. After serving 12-1/2 years, he had his first review for parole this year. He was represented by Gary Cohen (from Austin Tx) and was granted parole in September.
Mr. Cohen has done a superb job of representing him. He visited my grandson several times and was open and personable to myself and other family members. He had done an enormous amount of research into the case, and had a phenomenal presentation at the hearing with a parole board member. My daughter and I were allowed to speak at the hearing also and we saw that Mr. Cohen was professional, yet very down to earth. I am delighted to highly recommend Gary Cohen for anyone in a similar circumstance. His fee is pricy, but remember the old saying, “You get what you pay for”.
RLT
When I needed a parole lawyer, my attorney said to me: “Gary Cohen is the best in Texas”. And he was right. Gary Cohen was instrumental in obtaining parole for our beloved brother. He has a very sharp understanding of the complexities of the Texas parole system and was able to leverage his wealth of experience and professional connections to deliver a positive result for our brother. In addition, Gary was highly supportive, courteous and understanding to us as he led us through the complicated and lengthy parole process. We would not hesitate to recommend Gary. Thank you again Gary!
Jorge R
Gary Cohen impressed me as an attorney by being professional and just caring. I found out early by research & reviews that he was considered one of the best parole attorneys in Texas & he didn’t disappoint! From day 1, I knew I was in capable hands! The parole packet he & his team prepared was incredible, written by caring & empathetic people. The detail, the photos, the way is was written was superb! There is no guarantee of outcome, of course, but I can assure you he & his team will do everything in their power to represent you or your loved one at this crucial time. They are easy to talk to & easy to reach. In our case, my loved one received an FI-1, and we couldn’t be happier with Gary & staff!
David P.