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Capital murder vs drug deal gone bad

Dallas, TX |

Just a scenario- 2 men go to buy drugs things go wrong fight breaks out buyer one is shot by dealer. Dealer is also shot and is now deceased. No weapons are found but buyers are charged with capital murder and have no criminal history. What's the odds of a capital conviction.

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Attorney answers 4

Best Answer
Posted

If someone is accused of capital murder then they need the best lawyer that they can hire. Even if they have to sell everything that they own. If they win it is worth it and if they lose it doesn't matter.

A criminal defense in a capital case is very serious and only an experienced criminal defense attorney that has studied the case could possibly give any solid advice.

Posted

If he is indicted in Dallas County for capital murder, he will almost certainly be convicted of it. His only hope is probably getting a reduced offer from the DA. The court will appoint him a well-qualified defense attorney.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Asker

Posted

Is there no chance of self defense here

Stephen Neil Foster

Stephen Neil Foster

Posted

There is always a chance. Self-defense is a legitimate defense. Whether or not it is the best defense is impossible to say. A self-defense defense is something that would need to be strongly considered by trial counsel. The chances of being successful depend upon the specific facts of the specific case.

Asker

Posted

Very helpful but a experienced aggressive attorney is what we need but under the age of 24 the only hindrance is money and we don't have 100k +. Another lawyer told me to hire another lawyer to keep in contact with the ct appointed lawyer and it would be cheaper think he used the word liaison.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

You either have a retained attorney or a court appointed attorney. Not both. I can assure you the attorneys that know how to handle capital cases are the ones getting appointed by the courts. Don't hire anyone has hasn't previously been all the way to trial on a capital.

Stephen Neil Foster

Stephen Neil Foster

Posted

There are very good attorneys that can be retained for defense in the $20K-$50K range. After the case of Oklahoma v. Ake made it possible to have a retained attorney and get court appointed experts, investigators, etc... it made affording a quality attorney much more possible. It would be a very good idea to speak with criminal defense attorneys and discuss the possibilities with them. If you would like, I could recommend some attorneys in some different price ranges. The best attorney isn't always the most expensive and the most famous attorney isn't always the best. Sometimes having a lawyer that is in the process of making a name for themselves is better than an attorney that has made a name for themselves already.

Posted

It depends on other facts....

If the reason for the altercation is a robbery of dealer by buyer and buyer is found to have "intentionally" murdered the dealer during the robbery, then...pretty high...

http://law.onecle.com/texas/penal/19.03.00.html

The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com

Asker

Posted

Robbery by dealer not buyer

Posted

I see your question differently from Ms. Jaggers, Mr. Foster, and Mr. Lewis.

Capital murder is serious almost beyond measure. In many if not most capital murder cases, the defendant is on trial for his or her life. If the death penalty is not on the table, the penalty is then life in prison without parole if the defendant is convicted.

Every murder and certainly every capital murder case is different, and for that reason any evaluation other than after a face to face consultation and some investigation would be nothing but a wild, blind, guess.

If you are asking about a real life situation, whoever the defendant is needs the services of a top drawer criminal defense lawyer...not just "A" list, but "A+" list, ASAP.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

Apology to Mr. Foster...just re read his answer and I do agree with his comments.

Asker

Posted

Well seems we are stuck with the ct appointed and yes this is real we will see since he is motioning to examine evidence. 3ppl 2 shooters allegedly and 2 shot 1 deceased no indictment yet for either the accused and its has been almost a week. So can only hope for the best even though hope seems hopeless Thanks for all the opinions.

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

Almost a week and no indictment is not unusual for a capital murder. It is quite possible that the prosecution believes that they have enough of a case to file the charge but are still awaiting things such as ballistics and gunshot residue tests, and an autopsy report, before taking the matter to the grand jury. If this is a friend or loves one of yours, you may want to seek out defense counsel. The result of capital murder cases can turn on the defendant's background - even turn for the good based on bad things that happened to the defendant long ago - and so defense counsel is likely to want as much info as he or she can get. While every case and court is different, Texas courts have made a strong effort in the past several years to assure that capital murder defendants generally, and especially where the death penalty is sought, have top notch defense counse, even if by appointment. Quality still varies, but is much improved due to these efforts as a general rule.