Facing a murder charge in Texas is an intimidating ordeal. However, if you know what to expect, some of the stress can be alleviated.
If you’re reading this, chances are you or a loved one is grappling with this situation. At Tad Nelson & Associates, we’re here to provide clarity and champion your rights.
If you stand charged with murder or another felony offense in Harris County, we’re here for you. Call us at 713-659-0909 to get started. We’re here to help.
As far as expectations following murder charges, here’s what you need to know about what lies ahead.
The Arrest and Initial Charges
Murder is defined under the Texas Penal Code § 19.02 as intentionally causing the death of another. It’s also defined as intending to cause serious bodily injury resulting in death, or committing a felony that results in death.
The Initial Court Appearance and Bail
Within a day or two of your arrest, you’ll appear before a magistrate judge for your arraignment.
You’ll be read your Miranda rights by the magistrate judge. The judge will emphasize your right to remain silent and to have an attorney present.
Exercise these rights.
Anything you say can and will be used against you. Once detained, you’ll be booked, fingerprinted, and jailed. This period can be overwhelming. It’s important to remain composed.
During this hearing, the charges against you will be formally presented, and you’ll have the opportunity to request bail. Bail in murder cases can be substantial if granted at all. Factors influencing bail include the severity of the crime, your criminal history, and whether you pose a flight risk.
If bail is set, things can still be complicated due to the high amounts typically required. At Tad Nelson & Associates, we have extensive experience arguing for reduced bail and conditions for release that the court might deem acceptable.
If you have any questions, be sure to call us.
Building Your Defense
Once you’ve hired a criminal defense lawyer, the defense-building phase begins. This involves a thorough investigation of the circumstances surrounding the case. We’ll gather evidence, interview witnesses, and review police reports. We’re very meticulous with this part of the process. Even minor details can significantly impact your defense.
Depending on the situation, we may challenge the prosecution’s evidence, present alibi witnesses, or even demonstrate that you acted in self-defense.
Texas law recognizes self-defense under certain conditions, as stipulated in Texas Penal Code § 9.31. If you acted to protect yourself or others from imminent harm, you haven’t committed a crime at all. If that’s the circumstance, we’ll point this out to the court.
The Grand Jury Process
Before a case goes to trial, it usually goes to a grand jury for review. The grand jury will determine whether sufficient evidence exists to charge you formally. If they return a “no bill,” the charges might be dismissed. However, if they issue a “true bill,” you’ll face an indictment.
During this process, criminal defense lawyers with Tad Nelson & Associates can sometimes present evidence or testimony to persuade the grand jury not to indict. Although our role would be limited here, strategic legal maneuvering can still make a huge difference in your case.
Pre-Trial Motions and Hearings
Following the indictment, the case moves into the pre-trial phase. This part of the process involves various motions and hearings. We might file motions to suppress evidence obtained unlawfully or to dismiss the case based on procedural errors.
Lots of times, these motions work in our favor. Sometimes, it can mean a case dismissal. In other instances, they can significantly influence the trial’s outcome in other ways.
During pre-trial hearings, both sides present arguments on these motions. The decision made by the judge can shape the nature trial. Again, effective pre-trial advocacy can sometimes lead to favorable resolutions without a trial.
Plea Bargaining
Taking advantage of a plea deal is an option that may arise during the pre-trial phase.
The State of Texas might offer a lesser charge or reduced sentence in exchange for a guilty plea. Entering a plea agreement is a strategic decision. Such a move weighs the certainty of the outcome against the risks of a trial.
We’ll provide comprehensive advice so you can make an informed decision. We won’t rush you into the process but we want you to understand the implications of accepting (or rejecting) a plea deal. While avoiding an unpredictable trial might seem appealing, you must consider the long-term consequences of a guilty plea.
Facing Murder Charges in Harris County?
Call Houston Criminal Defense Lawyer Tad Nelson Today!
If you’re fighting a murder charge in Houston, you’re at a loss without experienced legal counsel. At Tad Nelson & Associates, we bring decades of experience, a deep understanding of Texas criminal law, and a commitment to zealous advocacy to the fight for our clients.
We’re here to stand by you.
Have questions? Contact us today for a free consultation. 713-659-0909. Call us any time.
