What You Need to Understand After Being Charged with Homicide
Arlington, TX Criminal Defense Lawyer
Simply because you were arrested and charged with criminal wrongdoing, this does not mean you necessarily committed a crime. Or, there may have been extenuating circumstances. You owe it to your future and to your family and other loved ones to protect your legal rights by obtaining quality legal counsel. Call us at Brandy Austin Law Firm, PLLC without delay to discuss how our criminal defense lawyer can help you.
If you have found yourself in a situation where you are facing criminal charges, you may want to discuss your situation with an Arlington, TX criminal defense lawyer. A criminal defense lawyer in Arlington can help protect your rights and explain the legal process in criminal defense cases. What rights you have under the constitution can also be explained to you. If you are facing criminal charges, we understand this is a serious matter which can be stressful and overwhelming.
We have experienced how the human side of things can get lost in the legal process as the criminal justice system does not always provide a great deal of sympathy. It is our mission to listen to your concerns and answer your questions, while moving your case through the legal process as efficiently and smoothly as possible.
Our lawyers are skilled and trained to develop an effective strategy to tackle your criminal charges and we will try our absolute best to seek a favorable outcome for your case. A trusted Arlington, TX criminal defense lawyer can be of great help if you are facing criminal charges.
The very first obstacle in a lot of criminal cases usually has to do with dealing with law enforcement. When initially confronted by law enforcement, many people have the impulse to try and explain their side and prove their story. Even though this is an understandable impulse, this can be one of the worst things to do. This is where a skilled Arlington, TX criminal defense lawyer may be beneficial, as you are probably not going to be able to talk yourself out of an arrest. The more you speak to the police initially, the more information and evidence you can be giving them which they can possibly use against you.
A criminal defense lawyer Arlington, TX is proud to offer will likely advise you to not speak to the police without a criminal defense lawyer present. If you are faced with the decision of whether or not you should talk to the police, we understand this can be complex and complicated, but you should always consult with your lawyer before you do so.
Another issue many of our clients face is the events timeline in a criminal proceeding. Because the criminal justice system can be slow, you will likely face a good amount of court appearances over the course of your case and you will be required to attend each and every one of them.
If you and your Arlington, TX criminal defense lawyer cannot develop a plea bargain that the district attorney will accept, then you will probably be required to attend trial. Whether it’s accepting a plea bargain, or going to trial, we always try to seek the most favorable outcome for our clients and treat each case with a great deal of compassion.
If you’re ready to speak with a high caliber criminal defense lawyer Arlington, TX offers to get your questions answered, call Brandy Austin Law Firm, PLLC at 800-958-4948 and schedule your free consultation today.
Choosing an Arlington, TX Criminal Defense Lawyer
If you or someone you know is facing or potentially facing criminal charges, there are some important things that can make or break your defense. The number one consideration is who you will choose to defend you. You may consider a public defender as that is the cheaper route but it is imperative that you understand, as with most things in life, you get what you pay for. Quality and skilled defense such as Brandy Austin Law Firm, PLLC just might be the key to getting your life back on track. Our attorneys are ready to review your case during the consultation phase and then advise you on the next important steps that you should take. Your future heavily relies on the defense you choose. In fact, the outcome of your case is based on how you and the relevant facts are presented. The attorneys at Brandy Austin Law Firm, PLLC have years of experience practicing in the field of criminal law. We understand the nuances involved in the process and are familiar with the prosecutors and judges in our area.
What should I do after an arrest?
Upon arrest, the court will require the accused to post bail as a promise to appear in court. In the event that you have been arrested for a crime, you will obviously want to post bail as soon as possible. You have a few options, you can pay the amount, go through a bail bondsman or contact an Arlington, TX criminal defense lawyer, such as Brandy Austin Law Firm, PLLC, who can request a reduced amount.
What to do if I am a suspect?
Prior to an arrest, it is important to understand that you may unwittingly incriminate yourself if you are not careful. In having an attorney present to guide you through the questioning process, you are more likely to protect yourself. Furthermore, the attorneys at Brandy Austin Law Firm, PLLC may be able to keep your case from going to trial.
Plea bargain or trial?
Brandy Austin Law Firm, PLLC will be able to advise you on your specific situation and the most appropriate and viable options available. However, in general terms, when the evidence is stacked against you, a plea bargain is sometimes the more appealing option. There are certainly pros and cons associated with choosing a plea bargain versus taking your chances in front of a judge and/or jury. In pursuing a plea bargain, the prosecution offers a lesser sentence in exchange for a guilty plea. In choosing to go to trial, there are potentially unforeseen variables and you could face a maximum penalty if found guilty.
When it comes to criminal cases, a quality defense is your best chance of pursuing an optimal outcome. Brandy Austin Law Firm, PLLC can offer you a team of skilled and experienced Arlington, TX criminal defense lawyers. We pride ourselves on providing professional and ethical representation with a top notch reputation in the area. When you need an Arlington, TX criminal defense lawyer, Brandy Austin Law Firm, PLLC is available for immediate consultation. Call us today.
Does Criminal History Affect Child Custody Determinations?
Family law judges are generally required to make child custody determinations according to the “best interests of the child” standard. This means that regardless of a parent’s circumstances or even a child’s preferences, any child custody arrangement must reflect a judge’s perception of what kind of living situation will best reflect an affected child’s best interests.
This standard is flexible, in that it allows a judge to exercise discretion when it comes to the process of determining what a child’s best interests may be. Some judges may feel strongly that if co-parenting is possible, joint custody should be ordered in all but the most extreme cases. Other judges may value living situations in which a child is allowed to continue attending a specific school. Judges, like all professionals, are affected by their own values and subconscious biases. This is why it is virtually impossible to say that “all judges” will make a specific determination in regards to any given situation. It is partially for this reason that if you are facing criminal charges, you should consider seeking the legal guidance of an Arlington, Texas criminal defense lawyer immediately. Even if you are cleared of the charges against you, the court’s perception of your behavior may affect your relationship with your child for years to come.
If a parent is seeking custody of a child and that parent has a criminal history, will a judge keep that parent from obtaining the child custody arrangements he or she hopes to implement? Because each judge interprets the best interests of the child standard in different ways, it is very difficult to employ any hard and fast rules when answering this question. However, there are a few guidelines one can keep in mind when discussing such a scenario with an Arlington, TX criminal defense lawyer.
First, consider whether a parent’s criminal history or related pattern of behavior is likely to impact a child’s well-being. If a parent has been arrested multiple times for drunk driving offenses and has not sought treatment, this criminal history/pattern of behavior may lead a judge to conclude that the parent in question is not yet ready to be trusted with his or her child’s care. However, if a parent was arrested many years ago for drunk driving, sought treatment for alcoholism and has been sober for a number of years with no additional criminal activity, the parent’s record may not be treated as a reason to keep that parent from caring for his or her child regularly. This is the sort of distinction that an experienced Arlington, TX criminal defense lawyer can help you to make.
Second, if a parent’s criminal record suggests a violent temperament, that he or she is abusive towards children or maintains an unsafe living situation, that record is likely to be scrutinized very carefully by a judge. It is much harder to justify placing a child in the care of someone with a history like this than it would be if the criminal record in question contained white collar activity, relatively minor traffic infractions or recreational drug use from many years ago. Even if a parent’s criminal record has been clean for some time, violence and other “red flag” factors may be treated more harshly as a matter of course. If you have questions about how any prior offenses may affect either your criminal or family law situations, an Arlington, TX criminal defense lawyer can help.
Answers to Additional Legal Questions
If you have questions or concerns about child custody and/or how criminal history may affect child custody determinations or criminal law case, please consider reaching out to the legal team at Brandy Austin Law Firm, PLLC. Consulting with an attorney is generally a confidential process, so you do not need to feel self-conscious about any concerns you may wish to raise. In addition, speaking with our firm will help you to make informed decisions about your family’s unique situation as he or she will be able to advise you of your legal options once you have discussed your circumstances.
What You Need to Understand After Being Charged with Homicide
As you already know, being charged with homicide is a very serious offense and a conviction can result in a lifetime sentence. If you have not done so already, contact an experienced criminal defense lawyer in Arlington, TX such as one from Brandy Austin Law Firm, PLLC. Make every effort to avoid using a public defender, even if you are financially eligible for their services. Though there are some good ones out there, the large majority are seriously overworked, underpaid, and lack the resources to do the job required of them. At Brandy Austin Law Firm, PLLC we make every effort to work with a client who needs the legal services of a skilled criminal defense lawyer but they cannot afford an overpriced attorney. Call us immediately to learn if we can help you and how we might accomplish that. We will not charge you for the first consultation.
In advance of meeting with our criminal defense lawyer it may be helpful to you to have a general understanding of how the law perceives a criminal charge of homicide. Your questions and concerns can be addressed in more detail during your consultation.
Under what circumstances might someone be charged with homicide?
Our criminal defense lawyer can explain how the following criteria may or may not apply in your case, and in fact may lend toward your defense of the charge:
- The defendant’s direct action caused the person’s death.
- The defendant had malicious intent and as a result wished to seriously hurt or kill the victim.
- The defendant had no legal justification to kill the victim, such as self-defense and as such the killing was unlawful.
What is considered malice?
For the defendant to receive a conviction for homicide, the prosecutor must prove that the defendant had “malice aforethought” which is often referred to simply as malice. Your criminal defense lawyer may be able to prove that you did not act out of malice. Malice can mean any of the following:
- The defendant behaved with extreme disregard to the victim’s safety which resulted in their death.
- The defendant had every intention to cause the victim serious physical harm which resulted in the victim’s death.
- The defendant had every intention to kill the victim.
Types of Homicide Charges
As your criminal defense lawyer might explain, there are two types of homicide charges: first degree and second degree. There are some basic but important differences:
- First degree murder. This is when someone plans to kill someone and deliberately follows through with their plan. It also applies when someone kills somebody while they are in the midst of committing another felony. For example, the defendant killed a hostage they had kidnapped.
- Second degree murder. This is when someone kills another person but had not planned to do so. Common examples are a fight that got out of control, heat of passion, etc.