What to Expect During a Murder Trial in Texas

 Posted on June 09, 2025 in Criminal Defense

Facing a murder charge in Texas is one of the most serious and life-altering legal battles a person can go through. Whether you or a loved one is involved in a case-or you're simply trying to understand the process-knowing what to expect during a murder trial can help prepare you for the road ahead.

Texas follows a structured legal process in murder cases, and each stage is crucial. Here's what you need to know.

1. Arrest and Initial Appearance

After a murder suspect is arrested:

• They are taken to jail and booked.
• They'll appear before a magistrate judge within 48 hours.
• The judge sets bond (or denies it) and informs the accused of their rights and charges.

This stage sets the tone for everything that follows. If bail is denied, the defendant remains in custody through trial.

2. Grand Jury Indictment

In Texas, all felony cases-including murder-must be presented to a grand jury. This is not a public trial but a private proceeding where:

• Prosecutors present evidence.
• The grand jury decides if there's probable cause to formally charge the defendant.

If the grand jury returns a "true bill," the case is indicted and assigned to a court. If not, it may be dismissed-although prosecutors can refile charges.

3. Pretrial Proceedings

This is one of the most active phases behind the scenes. It includes:

• Discovery: Both sides exchange evidence, including witness statements, expert reports, and physical evidence.
• Motions: Defense may file motions to suppress evidence, dismiss charges, or change venue.
• Plea Negotiations: The defense and prosecution may discuss plea deals-though in murder cases, this is highly strategic.

These proceedings shape the trial's direction and determine what evidence will be allowed in court.

4. Jury Selection (Voir Dire)

Texas murder trials are decided by a jury unless the defendant waives this right. During jury selection:

• Both sides question potential jurors.
• The goal is to select impartial jurors who can fairly evaluate the case.

Attorneys may challenge potential jurors for cause or use a limited number of peremptory strikes to dismiss jurors without stating a reason.

5. The Trial Begins

A Texas murder trial typically unfolds in the following order:

Opening Statements

• Both sides present an overview of their case to the jury.

Presentation of Evidence

• The prosecution presents first, often including:
  • Witness testimony
  • Forensic evidence
  • Crime scene photos or videos

• The defense follows, which may include:
  • Challenging prosecution witnesses
  • Presenting alternative theories
  • Possibly calling the defendant to testify (though not required)

Closing Arguments

• Each side summarizes their case and urges the jury to reach a verdict in their favor.

6. Jury Deliberation and Verdict

The jury retires to deliberate. Their options may include:

• Guilty of murder
• Guilty of a lesser offense (like manslaughter)
• Not guilty

All 12 jurors must agree on the verdict. If they cannot, it results in a hung jury and may lead to a mistrial.

7. Sentencing Phase (If Found Guilty)

If the defendant is convicted of murder, the trial moves to sentencing. In Texas:

• For first-degree murder, the sentence can be 5 to 99 years or life. ● If the defendant was convicted of capital murder, the jury decides between: ○ Life without parole
  • The death penalty (if sought by the DA)

The sentencing phase may involve additional testimony about the defendant's character, past criminal history, and the impact on the victim's family.

8. Appeals and Post-Conviction Options

After sentencing, the defense can file an appeal, asking a higher court to review potential legal errors from the trial. Common appeal issues include:

• Improperly admitted evidence
• Jury misconduct
• Prosecutorial misconduct
• Ineffective assistance of counsel

Post-conviction relief options can take years, but they're an important part of the criminal justice process.

Why You Need an Experienced Defense Attorney

Murder trials are incredibly complex. The stakes are life-changing. Every decision-whether it's a pretrial motion, selecting a jury, or cross-examining a witness-can tip the scales.

At Barbieri Law Firm, we've handled high-stakes cases with precision, passion, and purpose. We understand the pressure, and we know how to fight.

If you or someone you love is facing murder charges in Texas, don't wait. Contact Barbieri Law Firm today for a confidential case evaluation. We defend your freedom like it's our own.