Facing a Homicide Charge in Texas? Don’t Make These Devastating Mistakes

In these moments, panic is natural, but acting on it can lead to irreversible errors. The single most damaging thing you can do right now is try to handle this alone or say the wrong thing. Your future hinges on navigating this complex legal minefield correctly from the very start.

If you or someone you know is facing a homicide investigation or charge, stop everything and call Whalen Law Offices immediately at (214) 368-2560. Getting the right guidance from a Frisco homicide defense attorney before making any moves is paramount.

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Mistake #1: Spilling Your Guts to the Police (Without Your Lawyer)

When law enforcement wants to talk to you about a homicide, they aren’t looking for a friendly chat to clear things up. Their job is to build a case, and right now, you might be the target.

You have the absolute right to remain silent. This comes directly from the Fifth Amendment of the U.S. Constitution. You also have the right to have an attorney present during any questioning, guaranteed by the Sixth Amendment. Use these rights.

Saying anything without your lawyer present is like walking through a minefield blindfolded. Innocent explanations can be twisted. Misremembered details can look like lies. Even trying to be helpful can backfire spectacularly.

The only words you need to say to the police before your lawyer arrives are: “I am invoking my right to remain silent, and I want to speak to my attorney.” Then, stop talking. Period.

Mistake #2: Thinking the Police Are on Your Side

Building on the last point, drop the idea that the police are your buddies in this situation. They might seem friendly, offer you coffee, or suggest that things will go easier if you just cooperate and tell them what happened. Yeah, it’ll help them if you cooperate. Not you. Don’t fall for it.

Interrogation techniques are designed to get information, sometimes through psychological pressure. They might suggest they already know what happened or that someone else is blaming you. They might imply leniency if you confess or cooperate now.

Remember their objective: gather evidence for the prosecution. They are legally allowed to mislead you during an interrogation. Your perception of friendliness is irrelevant to their goal.

Anything you say, even casual conversation, can and likely will be documented and potentially used against you. Wait for your lawyer. Let them be the buffer and the strategist.

Mistake #3: Agreeing to Searches Without a Warrant

Your property – your home, your car, sometimes even your phone – is protected against unreasonable searches by the Fourth Amendment. Generally, police need a warrant, signed by a judge and based on probable cause, to search your private spaces.

However, you can waive this right by giving consent. If an officer asks, “Do you mind if we take a look inside?” and you say “yes,” you’ve just given them permission. Any evidence they find during that consensual search can typically be used against you.

Do not consent to a search without a warrant. Politely but firmly state that you do not consent to a search. If they claim they have a warrant, ask to see it. Read it carefully (or better yet, have your lawyer review it) to ensure it covers the area they want to search and the items they’re looking for.

There are exceptions to the warrant requirement (like evidence in plain view or emergency situations), but don’t try to figure out the legal nuances on the spot. Simply withhold consent and let your attorney handle the legal arguments later if a search occurs anyway.

Mistake #4: Getting Rid of “Problematic” Things (aka Tampering with Evidence)

When panic sets in, the urge to “clean up” potential problems might arise. Maybe you think about deleting text messages, getting rid of clothing, hiding an object, or asking someone else to hold onto something for you. This is a disastrous idea.

Destroying, altering, or hiding potential evidence doesn’t make the problem go away; it creates a new, serious crime: Tampering with or Fabricating Physical Evidence. Under Texas Penal Code § 37.09, this is typically a felony offense.

This action screams guilt to investigators and prosecutors, even if the item you tampered with was ultimately irrelevant or explainable. It severely damages your credibility and gives the prosecution powerful ammunition against you.

Leave everything as it is. Don’t touch, move, delete, or destroy anything remotely connected to the situation. Discuss any concerns about potential evidence only with your attorney.

Mistake #5: Discussing the Case with Anyone But Your Lawyer

You’re scared, confused, and maybe desperate to talk things through. It’s natural to want to confide in family, friends, or even a cellmate if you’ve been arrested. Resist this urge. Your conversations with anyone other than your lawyer are not legally protected.

Friends and family can be compelled to testify about what you told them. Jailhouse phone calls are recorded. Letters are read. Cellmates might be looking for leniency in their own cases by offering information about yours (true or not).

Think about electronic communications too. Texts, emails, direct messages, social media posts – assume law enforcement can access all of it. A poorly worded message sent in a moment of panic or frustration can be taken out of context and used against you.

The only legally protected communication you have regarding your case is with your attorney under the attorney-client privilege. This privilege is sacred in the legal system. Use it. Keep your thoughts, fears, and version of events strictly between you and your legal counsel.

Mistake #6: Underestimating Your Digital Footprint

We just touched on electronic communication, but let’s dig deeper into the digital world. In today’s age, your online activity creates a trail that investigators are skilled at following. This goes beyond direct messages.

Consider:

• Social Media: Old posts, photos, check-ins, even “likes” can potentially be woven into the prosecution’s narrative. Ranting online or posting anything that could be seen as insensitive or incriminating is a terrible move.
• Search History: Your internet searches might be requested. Searches about weapons, locations, or legal defenses could be presented in a damaging light.
• Location Data: Your phone constantly tracks your location. This data can place you at or near relevant locations, or contradict your stated alibi.
• App Data: Various apps collect data that might become relevant depending on the case specifics.

It’s wise to limit your social media activity significantly while under investigation or facing charges. Do not delete accounts or large amounts of data (remember Mistake #4: Tampering!), but stop adding new fuel to the fire. Be mindful that everything you do online could potentially be scrutinized.

If there’s digital evidence you believe might be helpful to your defense (like GPS data proving you were elsewhere), preserve it carefully and discuss it immediately with your attorney. They will know the proper procedures for collecting and presenting digital evidence.

Mistake #7: Delaying Hiring the Right Legal Representation

Perhaps the most critical mistake is waiting too long to secure legal counsel, or hiring an attorney who doesn’t routinely handle high-stakes felony cases like homicide. Time is absolutely not on your side when facing such serious charges.

Every moment you delay, the prosecution is potentially strengthening its case. Evidence can degrade or disappear. Witnesses’ memories can fade or change. Opportunities for early investigation and intervention by your defense team are lost.

You need a lawyer who understands the specific complexities of Texas homicide law. Homicide isn’t a single crime; it encompasses several distinct offenses under Texas Penal Code Chapter 19, including:

• Capital Murder: The most serious charge, potentially carrying the death penalty or life without parole.
• Murder: Intentionally or knowingly causing death, or causing death while committing another felony.
• Manslaughter: Recklessly causing the death of an individual.
• Criminally Negligent Homicide: Causing death through criminal negligence.

Each charge has different elements the prosecution must prove and different potential defenses. You need representation familiar with these nuances, the local courts, the prosecutors, and the investigative procedures used in Dallas and the surrounding areas.

Don’t hire a general practitioner or someone whose main work involves entirely different areas of law. Seek out a criminal defense attorney or firm with a demonstrable record of handling serious felony charges like homicide. Do it now.

FAQ: Homicide Charges in Texas

What if the police don’t have a warrant but want to search my car or house?

Don’t argue. Don’t get hostile. Simply say: “I do not consent to a search.” If they have a warrant, ask to see it. Otherwise, stand firm and say nothing more.

I already said something to the police. Is it too late?

Not necessarily, but stop talking now. The sooner you get a lawyer involved, the better chance you have of minimizing the damage.

Is deleting texts or social media posts a smart move?

No. That’s tampering with evidence and could land you with another felony. Just stop using it right now, leave everything untouched and talk to your lawyer.

What if I wasn’t directly involved in the death – can I still be charged?

Yes. Under Texas law, you can face charges like accomplice liability or felony murder depending on your role. Never assume you’re in the clear without legal advice.

Can the police really lie to me during questioning?

Yes. They’re trained to do it legally. They can say someone else blamed you, or that they already have proof. Don’t take the bait. Say nothing.

Do I have to let the police take my phone?

No, unless they have a warrant or specific legal grounds. Don’t hand over your phone. Don’t give them your passcode. Politely say: “I do not consent to a search of my device.” Then stop talking.

What if I was defending myself? Isn’t that just self-defense?

Maybe—but the state might not see it that way. Self-defense is a legal argument, not something you should try to explain at the scene. Say nothing. Let your lawyer present that defense the right way, with the right evidence.

What if I’m innocent? Shouldn’t I just cooperate to clear it up?

Innocence doesn’t protect you from being charged. Prosecutors don’t need airtight proof to arrest you—just probable cause. Innocent people get charged (and convicted) all the time because they said too much too soon. Stay silent. Get a lawyer.

Do I need to worry about bond in a homicide case?

Yes. For serious charges like murder or capital murder, bond can be extremely high—or denied altogether. An experienced attorney can argue for bond or a reduction, but timing and strategy matter.

Can I sue if I’m falsely accused?

Only after you’re cleared—and even then, it’s difficult. False arrest or malicious prosecution lawsuits are rare and hard to win. Focus first on beating the charges. Clean your name legally, then explore your options.

Don’t Let Mistakes Define Your Future: Take Control Now

You cannot afford to fumble the ball when your freedom and future are on the line. Protect your rights, avoid these common pitfalls, and secure experienced legal representation immediately. Let a dedicated criminal defense lawyer fight for you.

Contact Whalen Law Offices today for a consultation. Call us at (214) 368-2560 and start building your defense.

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