MURDER OR MANSLAUGHTER
So you have been charged with Manslaughter or Murder (Criminal homicide, murder, capital murder, manslaughter, or criminally negligent homicide or killing someone by accident).
What happens next?By now you should have posted a bail bond and you have received a date to appear in Court to answer the charges. If bail bond has not been posted, call us to discuss how to get your loved one home or change the conditions of the bail bond.
THE PROCESS Your first step should be to hire an attorney whom you feel confident in and who also makes you feel comfortable. I know that you feel you want to proclaim your innocence to the entire world right now, but it is probably better to speak with a professional first because sometimes words can be misinterpreted. So don’t speak to anyone about your case right now and talk to me first. As an attorney, our communications are confidential and my legal obligation is to help.
As your attorney, I will, in most cases, begin with reviewing the evidence in your case and interviewing and speaking with the witnesses, the complainants, the officers, the District Attorney or prosecutor, the Judge, and ultimately, prepare your defense package and eloquently present your innocence to the Jury if your case needs to go that far. Your first court date will usually not be your trial date.
Usually there will be two or more court dates so that your attorney can discuss the case with the prosecutor and Judge before a decision to have a jury trial is set. This time also gives us time to prepare our defense and hire our experts, such as a Constitutional rights expert, police procedure expert, a doctor, an accident reconstructionist, a chemist, or character/personality witnesses (a psychologist), or fingerprint expert.
When preparing a defense, we start with interviewing our client and reading what the charging officer stated and the Complaint. We then compare this information with the law, the science and the facts. We will need to talk to you about your intentions, motives and whereabouts. We will also research and study whether self defense is a factor, or if you were a victim or acting out of a sudden passion.
Sometimes a person may be charged due to an accident, mistake, or because of exercising a legal right. These can be valid reasons to have your case dismissed. The Police may have violated your Constitutional Rights and that may be a route to have your case dismissed.
Manslaughter / Murder Q&A: Houston, TXQ: What am I looking at if I win?
A: Your Freedom
Q: What am I looking at if I am convicted of Criminal homicide, murder, capital murder, manslaughter, or criminally negligent homicide or killing someone by accident. If you have never been convicted of a felony, you may be eligible for probation. You may also receive deferred adjudication which will not result in a conviction on your record. After waiting the applicable time and if no affirmative finding of family violence is found, you may petition the Court to seal your record from the general public with a Petition for non-disclosure. If it is shown that it was a pure accident or what is referred to as criminally negligent homicide, the sentencing range is a state jail felony which is 6 months to 2 years in the State Jail. A pure Murder case has a sentencing range of 5 years to 99 years and a capital Murder can result in 5 years to 99 years to the Death Penalty. I can help. Please send me an email to arrange a time when we can speak.