By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist
If someone you love has been arrested for murder in Dallas County, the next 48 to 72 hours will be some of the most critical of the case. Bond will be set. Conditions will be imposed. The investigation will continue. And the decisions made at this early stage will shape the case from arraignment through trial. This guide walks through the entire process: where your loved one is being held, what happens at magistration, how bond works in murder cases, the grand jury, pretrial proceedings, and the trial itself at the Frank Crowley Courts Building.
"Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service."
- N. Coulter
"Deandra Grant Law – Criminal & DWI Defense fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases."
- P. Williams
"Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."
- M. Haley
The Arrest and Booking
After a murder arrest in Dallas County, the defendant is transported to the Lew Sterrett Justice Center (the Dallas County Jail), located at 111 W. Commerce Street in downtown Dallas. The booking process includes fingerprinting, photographing, and collecting personal information. The defendant will be held pending a magistrate’s hearing.
During this time, the defendant should not speak to anyone about the case that means not the police, not other inmates, not family members on a jail phone. Jail calls are recorded. Conversations with other inmates can be reported. The only person the defendant should discuss the case with is their attorney. If the defendant has not yet retained an attorney, the family should contact one immediately before the magistrate’s hearing if possible.
Magistration: The First 48 Hours
Under CCP Article 15.17, the defendant must be brought before a magistrate within 48 hours of arrest (unless the arrest was without a warrant, in which case the 48-hour clock applies to the filing of charges). At the magistrate’s hearing, the magistrate will:
- Inform the defendant of the charges
- Advise the defendant of their right to remain silent, their right to an attorney, and their right to have an attorney appointed if they cannot afford one
- Set bail (or deny bail in capital cases where the prosecution seeks the death penalty)
- Impose conditions of bond
Bond in Murder Cases
Under Article 1, Section 11 of the Texas Constitution, all persons are entitled to bail except in capital cases where the proof is evident. This means that in non-capital murder cases (§19.02), the defendant has a constitutional right to bail. The magistrate will set a bond amount, and the defendant can post bail through a bail bond company (typically requiring payment of 10–15% of the bond amount) or by posting the full amount in cash.
Murder bonds in Dallas County typically range from $100,000 to $1 million or more, depending on the circumstances of the offense, the defendant’s criminal history, the strength of the evidence, and the defendant’s ties to the community. The defense attorney can file a motion to reduce bond if the amount is excessive, arguing that the defendant is not a flight risk, has strong community ties, and poses no danger to the community.
In capital murder cases (§19.03) where the state intends to seek the death penalty, the prosecution can argue that bail should be denied entirely. Under CCP Article 17.151 and case law, the standard is whether “the proof is evident” that the defendant committed a capital offense. If bail is denied, the defendant remains in custody for the duration of the case, which can be a year or more before trial.
Bond conditions in murder cases often include GPS monitoring, travel restrictions, curfew, no-contact orders with witnesses and co-defendants, surrender of firearms, and regular check-ins with pretrial services. Violating any condition can result in bond revocation and immediate re-incarceration.
The Examining Trial Option
Under CCP Article 16.01, a defendant charged with a felony has the right to request an examining trial before a magistrate. The examining trial is a preliminary hearing at which the magistrate determines whether there is probable cause to believe a crime was committed and that the defendant committed it. If the magistrate finds no probable cause, the defendant is released.
Examining trials are commonly held in Dallas County murder cases. Requesting an examining trial can serve a strategic purpose: it forces the prosecution to reveal some of their evidence early, allows the defense to cross-examine witnesses under oath, and creates a record that may be useful later in the case.
The Grand Jury
All felony charges in Texas must be presented to a grand jury. Under CCP Article 20.19, the grand jury hears evidence presented by the prosecution and determines whether there is probable cause to issue an indictment (a “true bill”) or to decline prosecution (a “no bill”). Grand jury proceedings are secret so the defendant and their attorney are not present and do not have the right to present evidence unless invited to do so.
In some murder cases, the defense has an opportunity to present evidence or witnesses to the grand jury before the indictment decision. This is not a right but a strategic option that some prosecutors will allow. A compelling pre-indictment presentation (i.e. self-defense evidence, alibi evidence, exculpatory forensic evidence) can result in a no-bill, ending the case without trial. Deandra Grant Law pursues this option in every case where the evidence supports it.
If the grand jury returns a true bill, the defendant is formally indicted and the case moves to a felony district court. In Dallas County, murder cases are assigned to one of the criminal district courts located in the Frank Crowley Courts Building at 133 N. Riverfront Boulevard.
Pretrial Proceedings at Frank Crowley
After indictment, the case enters the pretrial phase. This is often the longest phase of a murder case, lasting months to a year or more. The key pretrial activities include:
Discovery: The Michael Morton Act
Under CCP Article 39.14 (the Michael Morton Act, effective 2014), the prosecution must disclose all evidence in its possession to the defense as soon as practicable after a request. This includes police reports, witness statements, forensic lab reports, autopsy reports, surveillance footage, digital evidence, and any exculpatory evidence (Brady material). The defense reviews this evidence to identify strengths and weaknesses in the prosecution’s case.
The Michael Morton Act was a landmark reform in Texas criminal discovery. Before its passage, prosecutors had broad discretion to withhold evidence. Today, the defense is entitled to see everything the state has and a prosecutor’s failure to disclose can result in sanctions, dismissal, or reversal on appeal.
Pretrial Motions
The defense may file a range of pretrial motions, including motions to suppress evidence (arguing that evidence was obtained in violation of the Fourth, Fifth, or Sixth Amendments), motions to exclude unreliable forensic testimony (under Texas Rule of Evidence 702 and the Kelly/Daubert reliability standard), motions to quash the indictment (challenging the legal sufficiency of the charges), and motions in limine (seeking to exclude prejudicial evidence at trial). Each of these motions can shape the evidence the jury will hear and the legal theories available to both sides.
Plea Negotiations
In some murder cases, plea negotiations may result in a resolution that avoids trial. This could involve a plea to murder with an agreed sentence recommendation, a plea to a lesser included offense (manslaughter, criminally negligent homicide), or in rare cases, a dismissal. The decision to accept or reject a plea offer is always the defendant’s, and it must be made with full understanding of the evidence, the risks of trial, and the potential consequences of both options.
The mitigation investigation plays a critical role in plea negotiations. A well-documented mitigation report presented to the prosecution can influence the state’s sentencing recommendation by demonstrating mitigating circumstances that reduce the defendant’s culpability or support a reduced charge.
Trial
If the case proceeds to trial, it will be tried before a jury in one of the Dallas County criminal district courts. The defendant has the right to a jury trial under the Sixth Amendment and Article 1, Section 10 of the Texas Constitution. Murder trials in Dallas County typically last 5 to 10 days for non-capital cases and several weeks for capital cases.
The trial follows the standard Texas criminal trial procedure: jury selection (voir dire), opening statements, the prosecution’s case-in-chief (witnesses and evidence), the defense’s case (witnesses and evidence, if presented), closing arguments, jury charge, deliberation, and verdict. If the defendant is convicted, the case proceeds to the punishment phase, where the jury (or judge, if the defendant elected judge sentencing) determines the sentence within the applicable range.
In murder cases, the defense may request jury instructions on lesser included offenses (manslaughter, criminally negligent homicide) and on affirmative defenses (self-defense, defense of others). The defense may also raise the sudden passion issue at the punishment phase if the evidence supports it.
Case Results
After the Verdict
If the defendant is acquitted, the case is over. If the defendant is convicted, the defense has the right to file a motion for new trial (within 30 days of sentencing) and a direct appeal to the Fifth District Court of Appeals (for Dallas County cases). The appeal must be filed within 30 days of sentencing or the overruling of the motion for new trial. If the appellate court affirms, the defendant may petition the Texas Court of Criminal Appeals for discretionary review.
Post-conviction relief through state habeas corpus (CCP Article 11.07 for non-capital, Article 11.071 for capital) is available for claims that could not have been raised on direct appeal, such as ineffective assistance of counsel or newly discovered evidence.
Murder Defense in Dallas County at Deandra Grant Law
If your loved one has been arrested for murder in Dallas County, the first call you make matters. An experienced defense attorney can intervene at magistration to argue for reasonable bond, begin preserving evidence immediately, and start building the defense before the prosecution’s narrative is set.
At Deandra Grant Law, our Dallas office is minutes from the Frank Crowley Courts Building. We know the courts, we know the process, and we have the forensic science credentials and trial experience to defend murder cases at the highest level. Doug Huff’s ACS-CHAL Forensic Lawyer-Scientist designation and digital forensics training and Deandra Grant’s 30+ years of trial experience give our clients a defense team built for the most serious cases in the system.
Call (214) 225-7117 or visit DeandraGrantLaw.com for an immediate consultation. Time matters.
Firm Accolades
Better Business Bureaus
D Magazine
