Dallas Murder Defense

24 Hour Help, Dallas Criminal Attorney John Raggio

If you are facing a homicide charge or other major violent crime, you will be facing a senior army of investigators, lab technicians, and prosecutors with all of the resources and technologies of Dallas County aligned against you. You need an experienced champion on your side to fight the prosecutor with a superior grasp of forensic science and a superior murder defense.

As a Dallas criminal defense lawyer, I have the experience and knowledge necessary to fight these charges. I have the legal experience and the technology that enables me to challenge these cases at every stage of the proceedings: at the crime scene, in the lab, and in the courtroom. Whether the issue is the effective cross examination of a digital forensics expert or an analysis of critical DNA profile software, my experience in Dallas courts has prepared me with the contacts, experience and knowledge to defend you against murder charges anywhere in Dallas County. Contact me to schedule your free initial consultation. I know what it takes to conduct a defense against homicide and other violent crimes.

You may have heard of the "Three Strikes" law. Certain Murder convictions are designated “strikes”, meaning that upon a third conviction, the punishment is a mandatory life prison sentence without the possibility of parole. Most of these strike cases involve crimes of violence, so if you’re facing a crime of violence, don’t let this happen to you; avoid your first strike by avoiding conviction in the first place.

If you want to discuss this with a Dallas criminal lawyer, call if you are accused of a violent crime. Violent crimes, such as rape, murder, manslaughter, robbery, kidnapping, hate crimes, terrorist threats, car jacking, and domestic violence, are very serious . Violent crimes tend to involve the most complex set of facts and, of course, can result in severe legal consequences. The penalty can lead to life imprisonment. Even if you are innocent of the violent crime you have been charged with, get a smart, tough and experienced attorney to fight for you.

I handle murder defense cases in Dallas as well as the United States District Court (Federal Crime Defense Practice)

The prosecuting attorney often will charge more serious crimes when a violent act or threat was committed. As your murder defense Attorney, the best murder defense often includes proving there are special circumstances surrounding the crime to the court, mitigation and attaining sentencing alternatives to jail, or reduced jail time, including Anger Management Classes or Domestic Violence Counseling.

MURDER & MANSLAUGHTER

Being investigated for or charged with a homicide can result in a complaint for murder or the lesser crime of manslaughter. These cases require a highly skilled, experienced, and knowledgeable violent crimes lawyer.

Murder is the killing of a human being (or fetus) with "malice aforethought," which means there is a conscious mental state or such reckless abandon that the intent can be implied.

As your Dallas criminal attorney, I will be dedicated to resolving your case, using a number of legal strategies, resources and a team of investigators, photographers and forensic experts. It is critical you retain counsel immediately to aggressively protect your rights and advance your interests. Time is of the essence in these cases because the stakes can involve the death penalty or life imprisonment. Moreover, the crime scene and issues regarding DNA and other physical evidence must also be examined, documented, analyzed and evaluated by the most experienced experts.

It is critical to not only investigate the physical evidence but possible witnesses as well. The police will have performed or are in the process of performing their investigation -- often yielding hundreds of report pages, but the task for the defense is just beginning; I want to establish your defense at the outset &/or create doubt in law enforcement's case.

TYPES OF HOMICIDE:

First Degree Murder - This is the willful, deliberate and premeditated killing (defined as the unlawful killing of a human being with malice aforethought); lying in wait; using torture; poison; destructive device or firearm; or any killing while performing another crime, such as rape, robbery, burglary, arson, kidnapping, carjacking, or a violent or sexually related crime. The penalties range from a death sentence to life in prison without parole if there are any "special circumstances " including but not limited to the following: purpose was financial gain; prior murder conviction; during an escape; destructive device used; law enforcement officer victim; crime witness as a victim; a cruel and depraved killing; lying in wait; killing because of race or other constitutionally protected class of people, etc. In limited cases, the penalty can be 25 years to life.

Second Degree Murder - Texas treats those homicides committed during the course of felonies not otherwise specified in the statute (see examples above) as second-degree felony murder cases. These crimes are deemed "inherently dangerous to human life." Often, first degree murder cases that cannot be established as such are deemed second degree. An example is a death from driving under the influence. The penalty can range from 15 years to life in prison; the period of time can be longer where the prosecutor alleges a prior homicide or the use of a firearm, etc.

Manslaughter - This is a homicide without malice, such as a killing in the "heat of passion."The maximum penalty is 12 years in prison. A Murder charge can be reduced to Manslaughter.

The crime of "Voluntary" Manslaughter usually occurs when the killing is an over-reaction to an event or there is excessive force (killing) under some sort of provocation. It is to be distinguished from "Involuntary Manslaughter," which killing occurs during a crime that is not a felony &/or is due to extreme recklessness (entitled "criminal negligence"). "Vehicular Manslaughter" arises from the use of an automobile accident (such as a DUI that was not charged as Second-Degree Murder).

In summary, one need not have been the direct killer, accused of actually killing anyone under the felony murder rule to get the death penalty. One may be an accomplice (deemed to have aided and abetted) to the underlying crime and, unknowingly, be sentenced to life in prison or death for the homicide. Of course, arguments exist to bring the penalty down to 25 years to life. In the case of the later sentence, the defendant has at least an opportunity to go before the Parole Board to argue to be paroled.

Here are some of the arguments that can be made in a State or Federal appeal, writ of habeas corpus, or at a Parole Hearing: (1) "the defendant has been fully rehabilitated and should be paroled;" (2) the time served is ample to deter others including the defendant from crime; (3) the defendant is otherwise suitable for release from State Prison; and, (4) the prosecution did not prove the defendant (accomplice) "intended to kill" or was a "major participant" in the underlying crime and also acted with "reckless indifference for life;" therefore the conviction should be reversed.

My role as your Dallas Murder Defense Attorney in the trial of a client and/or in their State or Federal appeal, among other things, is to: (a) argue insufficiency of evidence (failure to prove the case beyond a reasonable doubt); (b) argue evidence was inadmissible; (c) argue the court arbitrarily refused to allow evidence to be permitted to be heard/entered; (d) determine that other procedural or substantive rules or laws were violated; (e) argue and establish one of many affirmative defenses that are applicable to criminal cases (such as in competency, insanity, duress, intimate partner battering [formerly labeled battered women's syndrome]), etc. &/or (lf) present evidence to establish in competency of defense counsel, etc. In simple terms, I painstakingly review every aspect of a case to determine if any rule was misapplied or either or both the court and prosecutor abused their discretion (such as a District Attorney withholding evidence).

Murder is a serious offense in Texas that, upon conviction, can have long-term, permanently devastating effects on an individual's life. If you’ve been arrested and charged with murder, it is essential to hire an experienced, aggressive murder defense attorney, immediately, to fight on your behalf.

Types of Murder & Homicide Charges

There are a variety of different types of murder charges that vary according to the accused individual's alleged premeditation, violence and method of taking the life. In most cases, premeditated, brutal murders will receive the harshest sentences.

Different types of murder and homicide charges include (but aren't limited to):

• felony murder
• vehicular or vessel manslaughter
• vehicular or vessel homicide
• assisting suicide
• killing an unborn baby as a result of injuring a pregnant woman

Murders proven to have been committed in self-defense will not be punished by any sentences. Other mitigating circumstances in which committing a murder will not elicit punishment (or will merit significantly reduced sentences) include:

• insanity
• temporary insanity
• postpartum depression
• accidental (without intent, the charge would be reduced to a form of homicide, which elicits less harsh punishments)

What I Can Do For You as Your Dallas Criminal Lawyer

If you have been arrested and charged with a murder in Dallas (or surrounding regions), you are facing severe penalties that will likely affect your future relationships, reputation, career and education opportunities, and freedom. You owe it to yourself to hire the best possible murder defense.

I will provide you a strong defense by:

• Thoroughly examining every piece of evidence to find weakness or fallacies in the opposing arguments
• Gathering supporting evidence on your behalf
• Working with specialists (such as blood splatter analysts and forensic scientists) to provide expert testimony which will ultimately support your claim

Murder is a serious offense, accompanied by severe, life-changing penalties. If you or someone you love has been arrested and charged with murder, you do not have time to waste. Don’t sit back and take chances with your future. Contact a Murder Defense Attorney in Dallas today for the legal help that you need.

Should I Ask for a Public Defender? If you or a relative has been arrested or charged with a crime you have the right to an attorney of your choosing. However, if you cannot afford to hire an attorney and you qualify under Texas law for the appointment of a public defender, you may ask the judge to appoint you a public defender. In certain misdemeanor and traffic cases you are not entitled by law to the appointment of a public defender, however, you will always have the right to hire your own criminal lawyer at your own expense. In felony cases you are always entitled to a public defender should you qualify under law.

Am I Required to Hire a Criminal Attorney?

It is not necessary that you have a lawyer. You can always act as your own lawyer. However, considering the seriousness of criminal offenses and the impact they have on the rest of your life, it is certainly wise to consult with a lawyer before deciding to go it alone. Many criminal defense lawyers in the Dallas area will provide a free consultation or otherwise provide free information to help you determine if you want to have a lawyer.

How Can I Obtain a Public Defender?

A public defender is appointed by a judge. You cannot just obtain the public defender or ask for their help. They will require the appropriate judge to appoint their office to represent you. Once you are appointed a public defender, you do not have the right to choose who that public defender will be. You may end up with the same public defender during the course of your entire case or it may occur that several public defenders will rotate in and out of your case.

Are Public Defenders Inferior Lawyers?

Many people think that public defenders are inferior lawyers. That is not true. There are many qualified public defenders. There are many experienced public defenders. Many public defenders truly care about their clients and their cases. However, public defenders are stretched thin over a large number of clients on a weekly basis. Therefore, it is up to you to decide whether it is in your best interest or the best interest of your friend or relative to use a public defender.

Posting Bail in Dallas If you or a relative are being held in a county facility after being arrested for a crime, you must find out if a bond has been set. In most counties a bond is pre-set depending upon the nature of the criminal offense according to a schedule approved by local judges. The judges do have the power in individual cases to increase or decrease the scheduled bond amount.

What Happens to the Bail Bond Money?

Once you find out what the bond amount is you need to decide whether you have enough funds to pay the bond in full and even if you do have the funds whether you would choose to do so or would rather use a bondsman. If you post a cash bond, it will be necessary for you to bring the exact amount of the cash to the county facility. The county facility will give you a receipt which indicates the date you must return for court. The county facility will release you. Upon successful completion of the case you will receive the money back. You will not receive any interest on the money. You must understand that should you be convicted or plead guilty or no contest to the offense, the court has the authority to have part or all of the cash bond applied to any fines and court costs imposed by the judge. However, your return of the money is not dependent on whether you are found guilty or not guilty but is dependent on whether you return to court as scheduled and as required.

Using a Bail Bondsmen

If you do not have sufficient funds or if you choose not to post a cash bond, then it may be helpful to contact a bail-bondsman. A bondsman is an independent business person who will post a bond to secure your release or the release of your relative from the county jail in return for a fee. The fee is usually 10% in state court cases. The bondsman may require additional collateral for the remainder of the bond. The bondsman will then secure your release and the bondsman will notify you of your court dates. You will be responsible to that bondsman to appear in court. Even if you are found not guilty, you will not have the bond premium refunded by the bondsman as the bondsman will keep that money as his or her fee for the service provided. Most bondsmen have 24-hour telephone numbers and are available to meet with you at any time. Please remember that bail-bondsmen are independent business people, and it is possible that by shopping around you may get more favorable terms.