Facing a Murder Charge in Texas Why You Shouldn’t Give a Statement Before You Have Counsel

Facing a murder charge in Texas is an incredibly serious matter that can have life-altering consequences. The criminal justice system in Texas is known for being tough on crimes, especially when it comes to murder. It’s crucial to understand that if you are ever charged with such a crime, every step you take—from the moment of arrest to your interactions with law enforcement—will affect your case. One of the most important decisions you’ll make during this time is whether or not to give a statement to the police. The temptation to explain yourself might be strong, especially if you feel you are innocent. However, it is crucial that you avoid giving any statements to law enforcement before consulting with an experienced criminal defense attorney.

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When facing such a severe charge, the importance of having legal counsel by your side cannot be overstated. An attorney will provide the guidance you need to navigate the complexities of the criminal justice system. They will help you understand your rights, and more importantly, ensure that those rights are protected. 

What Happens When You’re Arrested for Murder in Texas? Facing a Murder Charge in Texas Why You Shouldn’t Give a Statement Before You Have Counsel

When you are arrested for a serious crime like murder, you will likely be questioned by law enforcement officers. Being arrested is a stressful, intimidating, and emotional experience, and it can make you feel vulnerable. In these moments, police officers may use various tactics to get you to talk. They may try to convince you that cooperating with them will make things easier or that remaining silent will make you appear guilty. It’s important to understand that these are tactics used to elicit confessions or incriminating statements. Anything you say during questioning can be used against you in court. Even an innocent remark or a seemingly harmless explanation can be twisted and misinterpreted. Law enforcement may focus on small inconsistencies or misstatements and use them to build a case against you. The statements you make during questioning are likely to be recorded and may be played in court during trial. These recordings can be presented as evidence, and they can be incredibly damaging if you inadvertently say something that could be construed as an admission of guilt.

Attorney Deandra Grant

Deandra M. Grant

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Douglas E. Huff

Partner & Criminal Division Chief

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Criminal Trial Division

Texas Attorney 
Omar Sherif

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Criminal Trial Division

Texas Attorney James Lee Bright

James Lee Bright

Of Counsel

Your Right to Remain Silent

Under the U.S. Constitution, you have the right to remain silent when questioned by law enforcement officers. This right is guaranteed by the Fifth Amendment and is one of the most powerful protections available to you. In Texas, as in all states, law enforcement is obligated to inform you of your right to remain silent, typically during the Miranda warning, which is read at the time of your arrest. It’s important to understand that invoking your right to remain silent does not make you look guilty. In fact, it is a smart and necessary move to protect your legal rights. Law enforcement officers are trained to get people to talk, and they may try to convince you that remaining silent will make you look suspicious. However, exercising your right to remain silent until you have an attorney present is the best thing you can do to safeguard yourself during this critical moment. Your lawyer can help you understand when and how to speak, and more importantly, they can prevent you from saying anything that could harm your case.

The Role of Your Attorney in Defending a Murder Charge

An attorney is an essential ally in any criminal case, but this is especially true when facing a murder charge. Murder charges are among the most serious allegations one can face, and the consequences of a conviction are dire. In Texas, a murder conviction can lead to long prison sentences, or in extreme cases, the death penalty. Your attorney’s job is to ensure that you receive a fair trial, and that your rights are protected throughout the legal process. This means that your lawyer will work with law enforcement and prosecutors to challenge any evidence they believe is inadmissible, investigate any potential defenses, and provide counsel when you are faced with difficult decisions. The role of your attorney is also to ensure that you are not coerced or manipulated into making a statement that could later be used against you.

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Your attorney will help you understand the legal ramifications of any statements you do make. They will advise you on what to say and what not to say to ensure that nothing you say compromises your defense. Importantly, your attorney will also act as a buffer between you and law enforcement, preventing them from using high-pressure tactics to force you into making a confession or statement you might later regret.

Why Statements Can Be Harmful

There are many reasons why giving a statement to law enforcement before speaking with an attorney can be harmful. One of the main reasons is that you may not fully understand the consequences of what you are saying. Even if you feel you are innocent, law enforcement may take your words out of context, misinterpret them, or use them against you in ways that you did not anticipate. It’s important to remember that the police are not your friends in these situations. While they are obligated to follow the law, they are also trained to elicit confessions and gather evidence against suspects. You may feel compelled to explain your actions or tell your side of the story, but without the guidance of an attorney, you could inadvertently say something that damages your case.

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Moreover, under the stress of being arrested and questioned, your judgment may not be as clear as it normally is. You may not realize the significance of certain details or may miss the potential consequences of certain statements. What you think is a harmless comment may later be used to suggest guilt. In these situations, your lawyer is your best line of defense. They can ensure that you are protected from the risks of speaking too soon.

What to Do If You’re Arrested for Murder in Texas

If you are arrested for murder in Texas, the most important thing to do is stay calm and immediately invoke your right to remain silent. You do not need to say anything to the police beyond identifying yourself. Simply state that you wish to speak with a lawyer and that you will not answer any questions without your attorney present. This is your constitutional right, and it is crucial that you exercise it. If the police continue to question you after you request a lawyer, do not engage with them. Repeat your request for legal counsel. It may feel difficult or even unnerving, but it is critical that you protect your rights and avoid saying anything that could harm your defense. Anything you say can and will be used against you in court, so remaining silent is the best course of action until your attorney arrives. A murder charge is one of the most serious legal challenges you can face in Texas. The potential consequences of a conviction are severe, and the legal process can be incredibly complex. Without legal representation, it is all too easy to make mistakes that could ruin your case. It is absolutely essential that you have a skilled and experienced attorney by your side from the very beginning.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

At Deandra Grant Law, we understand the gravity of facing a murder charge, and we are here to help. Our team of legal professionals has extensive experience handling serious criminal defense cases, and we are committed to protecting your rights. If you or a loved one is facing a murder charge, do not hesitate to contact us for a free consultation. We will guide you through every step of the legal process and work tirelessly to build a strong defense on your behalf.

To learn more about this subject click here: Understanding the Different Types of Murder Charges in Texas: First-Degree, Second-Degree, and Capital Murder