Legal Question in Criminal Law in Texas

my brother was killed and the killer was charged with manslaughter. can my family appeal this decision.. happened in harris county texas


Asked on 4/16/11, 12:34 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

There is no avenue by which you can appeal the decision on how to charge someone. You could talk with the prosecutor actually handling the case about why it is that the person was charged manslaughter and not a greater offense. The prosecutor might be able to explain the law and why a higher charge would not fit the facts. If you are not satisfied, you could ask the prosecutor about presenting to the grand jury in an effort to obtain an indictment for a higher crime. If you choose this avenue, you should probably hire a lawyer to help you put the packet together. Otherwise, it is the DA's office's decision on the charge.

(I have worked in Harris County 23 years. I find that they more often over charge cases, not under charge. My guess is that there is some nuance in the law as applied to the facts that you are not understanding. Hopefully you have a prosecutor who is patient and kind and can take the time to explain the situation to you.)

I am sorry for your loss.

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Answered on 4/16/11, 6:56 pm


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