Tarrant County Capital Murder Attorney

Are You Looking for the Best Tarrant County Capital Murder Attorney?

If you’re looking for the best Tarrant County Capital Murder attorney, then Paul Saputo and Nick Toufexis want to represent you. Award-winning attorneys Paul Saputo and Nick Toufexis expertly bring the firm’s full resources to bear in Tarrant County Capital Murder cases.

If you are charged with Capital Murder in Tarrant County, both your life and your freedom are on the line. Texas upholds a tough on crime reputation by vigorously prosecuting individuals accused of violent offenses. Texas is in fact a national leader in executions and has a significant population of death row inmates.

Experienced Defense Against Capital Murder Charges in Texas

All of the Saputo Toufexis | Criminal Defense attorneys have dedicated their careers to defending clients in serious cases just like this. We maintain an unwavering dedication to delivering expert representation, and we represent clients who expect this highest level of legal representation. Whether you are a suspect in a Capital Murder case or a loved one is already facing Capital Murder charges in Texas, don’t wait another minute to protect yourself and your family.

We’re not just Tarrant County Capital Murder lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. As your Tarrant County Capital Murder attorney, we can handle every aspect of your case, both inside and outside the courtroom in Fort Worth.

If the police have already arrested you for Capital Murder in Tarrant County, the most important thing for you to do is to hire a lawyer as soon as possible to defend you against the onslaught of prosecution by the Tarrant County District Attorney. You are not guilty unless and until they prove their case in court.

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Contact a Tarrant County
Capital Murder Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Tarrant County Capital Murder Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get a Capital Murder charge dropped in Tarrant County, Texas?

In order to get a Capital Murder charge dropped in Tarrant County, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §19.03.^[1] Our lawyers are experts in the Texas law regarding Capital Murder, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Capital Murder statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Capital Murder statute in detail on the Capital Murder offense page. We also maintain our expertise by keeping up with the latest case law affecting Capital Murder cases in Tarrant County.

One such case is Ex Parte McIntyre.

Ex Parte McIntyre

In Ex Parte McIntyre, decided on August 16, 2018, by the Second District Court of Appeals of Texas, Fort Worth, the appellant, Taymor Travon McIntyre, faced denial of pretrial habeas relief concerning his detention without bail for a Capital Murder charge and related offenses in Tarrant County. The appellate court affirmed the trial court’s decision to deny bail due to McIntyre’s previous violation of bail conditions, which involved severing his electronic monitoring device and fleeing, thus engaging in further criminal activity that underscored a threat to community safety.

The case addressed the legal standards applicable to denying bail, particularly under circumstances where the accused has violated conditions of a prior release. The court considered whether McIntyre’s release from juvenile detention on strict conditions could be equated with release on bail, ultimately determining that such conditions had the same effect as traditional adult bail in terms of contractual obligations between the defendant and the court. The decision underscored the critical role of maintaining conditions of release in protecting public safety, particularly when the offenses involved are severe and violent.

This appellate decision elaborates on the intricacies of handling bail proceedings when the accused engages in actions that pose significant risks to public safety post-release. It highlights the judiciary’s emphasis on stringent adherence to release conditions, especially in cases involving grave charges like capital murder. The ruling also illustrates the broader implications of such legal determinations on the administration of justice and the enforcement of law, particularly in ensuring that accused individuals who exhibit a high risk of reoffending remain detained.

The State of Texas v. Stevenson

In another case, the Second Appellate District Court of Appeals reviewed records from a Capital Murder conviction in the 371st District Court in Tarrant County. Subsequently, the appellate court filed an opinion in a case styled The State of Texas v. Stevenson in Cause No. 02-21-00142-CR.

The appellate court reported the background of the case as follows:

Holmes complains that the trial court erred in admitting the audio content of a 911 telephone call because it was irrelevant, it constituted improper character-conformity evidence, its prejudicial effect substantially outweighed its probative value, and the State failed to provide adequate notice of its intent to use the evidence.

Admitting the audio of the 911 call was necessary to the jury’s understanding of the offense, Holmes’s state of mind, and his motive in committing the crime. The trial court did not abuse its discretion in finding that the assault forming the basis of the alleged retaliation was contextual to the charged offense— and therefore not subject to the notice requirements of Rule 404(b)(2).

Every Tarrant County Capital Murder attorney should be familiar with this case and other appellate opinions coming out of Tarrant County that review Capital Murder cases. You can learn more about this case and read the court’s opinion here.

What does a Capital Murder charge really mean?

The general definition of the Texas charge of Capital Murder, according to the Texas Penal Code, is as follows:

(a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);

(3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;

(4) the person commits the murder while escaping or attempting to escape from a penal institution;

(5) the person, while incarcerated in a penal institution, murders another:

(A) who is employed in the operation of the penal institution; or

(B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;

(6) the person:

(A) while incarcerated for an offense under this section or Section 19.02, murders another; or

(B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;

(7) the person murders more than one person:

(A) during the same criminal transaction; or

(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;

(8) the person murders an individual under 10 years of age;

(9) the person murders an individual 10 years of age or older but younger than 15 years of age; or

(10) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.

What Types of Homicide Charges are there in Texas?

There are several different homicide crimes in Texas law. Each type is described below:

Murder

Under §19.02 of the Texas Penal Code, an individual can charged with Murder if they (1) deliberately cause another’s death, (2) intended to inflict serious bodily injury and subsequently cause another’s death, or (3) caused the death of someone while attempting or committing another felony. Additionally, there are new ways to be charged with Murder in Texas, for instance, under the new Fentanyl Murder Law. Murder charges are treated as a first-degree felony and carry a penalty of 5 to 99 years in prison, or a life sentence, unless it is proven that the murder occurred in a moment of sudden passion.

Capital Murder

Capital Murder represents the most serious category of homicide offenses. Charges of Capital Murder arise when an individual causes someone’s death while incarcerated, if the victim is under ten years old, during the murder of multiple individuals, or when the victim is a law enforcement officer, firefighter, or court employee. Additionally, the state can levy Capital Murder charges if a person causes a death while committing a kidnapping, robbery, burglary, sexual assault, arson, or terrorist act. As a capital felony, this offense can potentially lead to the death penalty for the defendant.

Manslaughter

If an individual recklessly causes someone’s death, they may face prosecution for Manslaughter. This could be classified as voluntary Manslaughter or Intoxication Manslaughter. All of these charges are felonies and can result in substantial prison sentences.

Criminally Negligent Homicide

Criminally Negligent Homicide is a charge applied when someone’s actions, which they should have known were dangerous, result in another person’s death. Both Manslaughter and Criminally Negligent Homicide involve intricate legal principles and invariably require the expertise of experienced criminal defense attorneys.

Law Enforcement Agencies in Tarrant County that Make Capital Murder Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Capital Murder in Tarrant County. Law enforcement agencies in Tarrant County that most typically make Capital Murder arrests include:

• Tarrant County Sheriff’s Office is one of the primary agencies responsible for Capital Murder cases in Tarrant County, Texas.
• Fort Worth Police Department serves as the main municipal police department within Tarrant County and plays a significant role in Capital Murder cases in Fort Worth.
• Arlington Police Department also contributes to making arrests for Capital Murder within its jurisdiction in Tarrant County.
• Haltom City Police Department serves the community of Haltom City within Tarrant County and may make Capital Murder arrests within its jurisdiction.
• Keller Police Department is responsible for law enforcement within Keller and may handle Capital Murder cases within its jurisdiction.

How do Tarrant County Capital Murder defense lawyers beat a Capital Murder case?

To beat a Capital Murder charge in Tarrant County, Texas, you must first secure the services of a skilled and experienced attorney who can build a strong defense strategy tailored to the specific details of your case. It is crucial to thoroughly investigate the evidence, challenge any weaknesses or inconsistencies, and present a compelling case in court.

Even if you believe you cannot beat the case, as your Tarrant County Capital Murder attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Tarrant County Capital Murder Attorney Case Defense Strategy

Just because someone died, even if the death was a homicide, does not automatically mean that a crime was committed. Our experienced Tarrant County Capital Murder attorneys are highly skilled in utilizing a multitude of defenses that you can use to beat Capital Murder charges, including self-defense, defense of others, absence of intent, and accidental death, among others.

There are several affirmative defenses to Capital Murder and all Criminal Homicide charges. However, the best defense to a homicide charge is the defense that begins before an arrest is made. If you are under investigation or a homicide crime, please schedule a consultation with us–before you agree to cooperate with a police investigation or interrogation. The decision about whether to cooperate with a police investigation is not a decision you should make alone: you need the advice of a criminal defense attorney and you need representation throughout the process.

In addition, the best defense involves a good offense. By that I mean a thorough and independent investigation, evaluation of the police department’s investigation, and forensic evidence. Our experienced homicide defense attorney can coordinate all of this in order to defend you in the most effective way possible. In addition, we can work to get a Capital Murder indictment no-billed, before you are even formally charged.

In order to form a winning Capital Murder case defense strategy, our attorneys Paul Sapuuto & Nicholas Toufexis, with the assistance of our professional investigation team, must thoroughly investigate the case. This includes gathering evidence, interviewing witnesses, and examining the prosecution’s evidence for weaknesses or inconsistencies. Accordingly, the preparation often starts even before the case begins. As soon as the police initiate an investigation or make an arrest, we can start our own investigation. If you want to win your case, then you should work to obtain exculpatory evidence. The state has police and investigators of their own working for them to gather evidence to support their case. As your Tarrant County Capital Murder attorney, we can’t afford to let their evidence stand uncontroverted.

Our clients take advantage of our law firm’s comprehensive investigative resources. Our dedicated team comprising paralegals, investigators, and forensic experts, collaborates with our attorneys to lay the groundwork that fortifies our cases with their extensive investigative expertise.

How much does it cost to fight a Tarrant County, Texas, Capital Murder case?

Attorney’s fees for a Capital Murder charge typically range from $50,000 to $150,000 in Tarrant County, Texas. You can expect to pay higher attorney fees for more complex cases. Some Tarrant County Capital Murder lawyers may charge much more. But exercise caution when encountering attorneys who offer unexpectedly low fees.

In addition, many lawyers charge extra fees for trial. If you hire an attorney from outside Tarrant County, sometimes travel fees may apply.

What You Should Do if You Are Falsely Accused of Capital Murder in Tarrant County

Even when falsely accused of Capital Murder, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.

If the Tarrant County District Attorney has charged you with Capital Murder, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Tarrant County Capital Murder attorneys.

How can you modify your Tarrant County bond conditions after a Capital Murder arrest?

In Texas, judges wield considerable authority in establishing bail and bond conditions. However, there are instances where judges may impose excessively stringent conditions and unreasonably high bail amounts. If you want to change these bond conditions, start by consulting with your Tarrant County Capital Murder attorney.

Your attorney will file either a motion or a writ of habeas corpus requesting a modification of your bond conditions. The motion or writ outlines the specific changes you are seeking and the reasons for the requested modification.

The judge will ultimately decide whether to approve the requested modifications. They will consider factors such as the nature of the charges, your criminal history, the risk to public safety, and other relevant circumstances. Keep in mind that the judge will base the decision on a careful evaluation of the facts and circumstances of your case.

What happens at a Tarrant County arraignment?

At your arraignment, a Tarrant County judge will hear your plea of not guilty. In Tarrant County, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Capital Murder, then Texas Code of Criminal Procedure §17.40 requires Tarrant County judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Tarrant County Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Tarrant County Capital Murder charge in Tarrant County?

The Texas Penal code outlines the range of punishment for Capital Murder convictions across the state. In Texas, people convicted of Capital Murder are eligibile for the death penalty, life imprisonment and life without parole.

However, the penalty you actually receive, and the possibility of getting a reduction in the charge, depends on a number of circumstances – including how strong we can make your case.

In Capital Murder cases, sometimes the entire case becomes about the sentence imposed. When mitigation is key, you need persuasive attorneys.

When is Capital Murder charged in Texas?

Under Texas law, Capital Murder charges are filed when a murder is committed in specific circumstances. Texas Penal Code § 19.03 outlines ten scenarios where a defendant, who knowingly or intentionally causes someone’s death, may face capital murder charges:

Scenarios for Capital Murder Charges

• A person kills a police officer who is in the process of carrying out their legal duties.
• A person kills another in the process of committing a kidnapping, burglary, aggravated sexual assault, or certain other serious felonies.
• A person commits a murder for remuneration (some form of compensation).
• A person commits murder while attempting to escape from a penal institution.
• An inmate kills another while incarcerated.
• A person kills more than one person during a single course of conduct.
• A person kills another who is under the age of 15.
• A person kills a judge or prosecutor in retaliation.

Are you under investigation for Capital Murder? Should you cooperate with the police investigation?

We have assisted our clients through many difficult police interrogations. Although we do not typically recommend consenting to a police interrogation or interview, there are circumstances when we consider it. However, you should never do a police interview without your Tarrant County Capital Murder lawyer present.

When police bring you in for an interview, they already believe that you committed the offense. Accordingly, this belief will inform their interpretation of your answers. Generally, when people believe something, they will only see things that confirm their belief. This is called confirmation bias, and this is what leads to police charging innocent people with crimes.

An arrest for Capital Murder can drastically change your life, even if a court dismisses your case. Do not hesitate to contact us immediately if you are under investigation.

In addition, remember that people do not usually communicate perfectly clearly under intense pressure. The extreme stress of a police interview can cause you to say something that police then misinterpret. And even the way you look during the interview significantly impacts the police decision to arrest you. For all of these reasons, we carefully consider the decision to interview because it will have a huge impact on the ultimate outcome your case.

In some cases, we have communicated directly with law enforcement authorities on behalf of our clients instead of consenting to a direct interrogation. As your Tarrant County Capital Murder attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Tarrant County Capital Murder lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Tarrant County Capital Murder attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

While on duty I was forced to defend myself with lethal force. I contacted Mr. Paul Saputo the next day and he was very friendly and reassuring when I explained the events that took place. He said he would have his investigators out that day to go over the crime scene and he explained to me what to expect next and case scenarios. I felt after speaking with him I was in good hands with a capable attorney and confident I would be represented well. He was always available when I needed to speak with him and always friendly and professional. I was cleared in this shooting and having Mr.Saputo there made this whole ordeal manageable.

– Real client review posted on Mr. Saputo’s Avvo.com profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §19.03.