How Your Statements Can be Used Against You in a Texas Family Violence Case

The statements of the accused often play a pivotal role in criminal cases, especially those involving family violence. Depending on the content of the statement, it can either bolster the prosecution’s case or provide a strong defense for the accused. A well-crafted statement that establishes a reasonable doubt or challenges the credibility of the alleged victim’s testimony can significantly impact the outcome of the case. Conversely, a statement that admits guilt or contains incriminating statements can strengthen the prosecution’s case against the defendant.

Criteria for Admissibility of a Defendant’s Statement in Texas

For a defendant’s statement to be admissible in court, it must meet specific criteria as outlined by Texas law. The following factors are considered when determining the admissibility of a defendant’s statement:

Voluntariness of the Statement

A defendant’s statement must be made voluntarily, without coercion, duress, or inducement from law enforcement or any other party involved in the case. The defendant must fully understand their rights and make the statement of their own free will.

Miranda Rights and Their Impact on Statement Admissibility

The defendant must have been read their Miranda rights before making the statement. These rights include the right to remain silent, the right to have an attorney present during questioning, and the warning that any statement made can be used against them in court. If the defendant’s Miranda rights were violated, their statement may be deemed inadmissible.

The Role of Police Conduct in Statement Admissibility

The conduct of law enforcement officers involved in obtaining the defendant’s statement is also taken into account. If the police used improper interrogation techniques, coerced the defendant, or failed to provide necessary accommodations, the court may exclude the statement from evidence.

The Process of Challenging the Admissibility of a Statement

If a defendant believes that their statement was obtained in violation of their rights or is otherwise inadmissible, they can challenge its admissibility through various legal procedures. Typically, this involves filing a motion to suppress the statement.

Filing a Motion to Suppress

To challenge the admissibility of a statement, the defendant’s attorney must file a motion to suppress with the court. This motion outlines the reasons why the statement should be deemed inadmissible. The defendant’s attorney will argue that the statement was obtained in violation of their constitutional rights or was otherwise improperly obtained.

The Hearing on the Motion to Suppress

Once the motion to suppress is filed, the court will schedule a hearing to determine the admissibility of the defendant’s statement. At the hearing, both the prosecution and defense will present their arguments and evidence. The judge will then make a ruling on whether the statement should be admitted as evidence in the case.

Case Examples of Admissible and Inadmissible Statements in Texas

To provide a better understanding of how the admissibility of a defendant’s statement can impact a Texas domestic violence case, let’s examine some case examples.

An Example of an Admissible Statement

In a Texas domestic violence case, the court determined that the defendant’s statement was admissible as evidence. The statement was given voluntarily, with the defendant fully understanding their rights. Additionally, law enforcement obtained the statement through proper interrogation techniques, without coercion or inducement. As a result, the defendant’s statement played a crucial role in the prosecution’s case and contributed to their conviction.

An Example of an Inadmissible Statement

In another Texas domestic violence case, the court ruled that the defendant’s statement was inadmissible. The defendant argued that their Miranda rights were violated, as they were not properly advised of their right to remain silent or the right to have an attorney present. The court agreed and excluded the statement from evidence, significantly weakening the prosecution’s case against the defendant.

Are You Facing DV Charges in Texas?

If you have an upcoming court date for a family violence case in Forney, reach out to the dedicated criminal defense attorneys at Guest & Gray for immediate assistance. At Guest & Gray, we have decades of hands-on experience litigating pre-trial motions to keep potentially unfavorable evidence out of the jury’s consideration. Once we succeed in getting the judge to grant our motion, we leverage our position with the prosecution in an effort to pressure them into dropping the case or offering a significantly reduced offer. To learn more, and to schedule a free consultation, give one of our Dallas County criminal defense attorneys a call at 972-564-4644 or reach out through our online contact form.