Experience matters. Never risk your freedom or put your future in the hands of an inexperienced criminal defense lawyer. As the former District Attorney and the longest serving prosecutor in Smith County history, Matt Bingham has successfully tried to a jury over 150 felony cases, including over 25 murder, capital murder, and death penalty cases, along with many of the highest profile cases in East Texas. Matt has handled tens of thousands of criminal cases.

Canton, Texas residents can call Matt Bingham and schedule a time to meet with him to get to know you and the facts of your case. If you are charged with a crime, you need a highly experienced Canton criminal lawyer on your side as you fight for justice. The Law Offices of D. Matt Bingham, PLLC, represents clients in all types of criminal proceedings and cases in Canton.

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Matt is exceptionally experienced, relentless in the preparation of his cases, and aggressive in seeking justice for his clients. He takes a personal client-focused approach in every case to ensure your rights are protected and you receive the representation you deserve.

Matt was licensed in 1993 and has handled many of the highest profile cases in East Texas over the past 23 years. He has successfully tried to a jury over 150 felony jury trials, including over 25 murders, capital murder and death penalty cases. Matt has handled tens of thousands of criminal cases and taught other lawyers about the intricacies of capital murder litigation at the Center for American and International Law.

For more information on the legal services provided by The Law Offices of D. Matt Bingham, PLLC, near Canton, Texas, contact us today for a consultation on your case.

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Homicide is when one person causes the death of another. This action is not always criminal. To be a criminal homicide, the actor must have caused the death of another without legal justification and acted with the requisite culpable mental state.

Whether a criminal homicide is a murder, manslaughter, or criminally negligent homicide depends on the culpable mental state of the actor when he caused the death of the other person. In criminal homicide cases the culpable mental states are intentionally and knowingly (capital murder and murder), recklessly (manslaughter) and criminal negligence (criminally negligent homicide).

If a person is being charged with intentionally and knowingly committing murder, but the evidence shows the person acted recklessly or with criminal negligence in causing the other person’s death, the sentence would be far less severe. An experienced defense lawyer will look meticulously at all the evidence, thoroughly investigate the allegations and aggressively challenge the prosecutor’s case. In addition to looking closely at the culpable mental state of the actor at the time the death occurred, the defense lawyer should evaluate:

  1. any affirmative defenses that may apply, such as self-defense;
  2. the cause of death and the pathologist report;
  3. the type and locations of the injuries;
  4. the toxicology report of the alleged victim;
  5. closely examine the alleged weapon used;
  6. the crime scene report for the locations and type of blood stain patterns;
  7. any available evidence of a mental illness that may rise to the level of an affirmative defense or mitigation.

A skilled Canton criminal attorney will challenge the prosecutor’s case and closely evaluate all the evidence and all the possible defenses available to you in the case. You need and deserve an experienced lawyer in the Canton area to fight for you and with you against the allegations brought by the State.

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If you've been charged with a violent crime in Canton, TX, you need an attorney to represent you that is experienced in investigating, preparing and successfully trying these cases before a jury.

Matt was licensed in 1993 and has the distinction of being the longest serving prosecutor in Smith County history. Matt served as a prosecutor in Smith county for 23 years, 16 of those as the Elected District Attorney. Matt has successfully tried before a jury many of the highest profile criminal homicide cases in East Texas over the past 23 years. Matt successfully tried to a jury over 150 felony cases, including over 25 murder, capital murder and death penalty cases.

If you are charged with a violent crime, you need an experienced and knowledgeable trial attorney in Canton, TX, to defend you. An experienced lawyer can carefully and thoroughly examine the evidence, develop any defenses you may have, prepare the cross examination of the state’s witnesses and experts to ensure you receive a vigorous defense and fair trial.

Matt Bingham has almost a quarter century successfully litigating complex homicide and violent crime cases. The State will bring the full resources of the District Attorney’s Office in an attempt to convict you. If you are being prosecuted for a violent crime, your family, job, and freedom are in jeopardy. You need and deserve an aggressive and experienced criminal defense attorney in Canton, TX to defend you.

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Drug crimes can be anything from a misdemeanor possession of marijuana to a first-degree felony delivery of a controlled substance. The punishments can range from misdemeanor probation to life in prison. What determines the severity of these cases is the identity of the controlled substance, the weight of the substance and whether it was a possession, possession with intent to deliver, or a delivery case.

The facts of each case are different and the approach to defending them is as well. However, some of the initial questions to answer are:

  1. was the charge the result of an illegal stop;
  2. was the charge the result of an illegal search;
  3. if a statement was given by the accused, was he in custody and properly mirandized;
  4. did the officers follow the requirements of section 38.22 and 38.23 of the Texas Code of Criminal Procedure in taking the statement from the accused;
  5. was there a confidential informant;
  6. was it an actual or constructive delivery;
  7. whether the protocol for the collection of the evidence was followed;
  8. was there any contamination of the seized evidence;
  9. what was the protocol for testing of the controlled substance;
  10. was the instrument or machine used by the chemist at DPS for testing maintained in accordance with laboratory standards.

It is important for the Canton drug lawyer representing you, to not only be intimately familiar with the evidence in the case, but also you as a person. Matt wants to learn everything about his clients, their life and experiences. Matt believes that knowing everything you can about your client leads to better representation of his clients and ultimately a better result in the case.

Even a conviction for a seemingly minor drug crime can impact your life. You really do need to hire the most qualified and experienced Canton drug attorney you can. If you are charged with a drug crime in Canton, TX, call Matt Bingham and set up a time to meet with him, at no cost to you, ask about his criminal law experience and learn about your options going forward.

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Driving While Intoxicated convictions can carry severe punishments and cost the defendant thousands of dollars in fines and increased insurance costs. You can also be responsible for paying for an Occupational License and an Ignition Interlock on your vehicle. A DWI conviction can also cost you your job or prevent you from being hired at certain jobs in the future. DWI cases can also be enhanced with prior convictions or a BAC of greater than .15.

The point is this…DWI can cost you more than you think. If you are charged with DWI, get an experienced DWI lawyer to represent you. Your lawyer should carefully evaluate what the officer who arrested you did and what he didn’t do.

The requirements of the officer conducting a DWI investigation are not arbitrary. The officer is bound by the law, the Constitution and the requirements imposed by the National Highway Traffic Safety Administration on the administration of the Standardized Field Sobriety Tests (SFST).

The officer who stopped you must have a reasonable suspicion to pull you over. If you do not consent to performing the field sobriety test, the officer must have probable cause if he demands you do one. The officer will pay close attention to see:

He will be asking you questions about where you are coming from, how much you have had to drink and if you’ve ever been arrested before. You never lose your fifth amendment right to remain silent. Remember you do not have to perform the field sobriety test, unless you decide too.

I have never seen, although it may have happened somewhere, a case where someone performed the SFST and the officer let them go. The officer must correctly demonstrate the field sobriety tests to you before asking you to do them. The three SFST are the one-legged stand, the 9 step walk and turn and the horizontal gaze nystagmus test (HGN).

The officer is looking for clues of intoxication in each test. Your lawyer should make sure when he views the video of the stop that the officer is correctly scoring the SFST.

The officer will have to articulate what signs of intoxication gave him the probable cause to arrest you without a warrant. Your lawyer should look to see that the officer read you the DIC 24 and provided you a copy of such, since he will have to swear he did. He will ask you to consent to a specimen of your breath, by consenting to blow into the Intoxilyzer 9000.

Remember you will already be under arrest for DWI when you are asked to provide a specimen of your breath. You are not required to do this. If you don’t, the officer can obtain a warrant signed by the Judge to draw your blood for testing.

Going forward from this point, your lawyer should look closely at the warrant and the protocol for the collection and testing of your blood. It is very likely your blood will be tested by DPS in a machine called a gas chromatograph.

Your lawyer should obtain the DPS records relating to the cleaning, and maintenance of this machine, among other records.

Your lawyer should also obtain the probable cause affidavit from the jail, along with the officer(s) TCOLE records to determine what qualifications the officer has, where he has been employed, and if he is certified in the administration of the SFST.

These are some of the things any lawyer you hire to represent you should be doing on your DWI case. It is not everything, but an overview to give you an idea of how complex these cases can be.

Matt Bingham served as a prosecutor and Smith County’s elected DA for 23 years and successfully tried to a jury over 150 criminal cases, including over 25 murder, capital murder and death penalty cases. Matt has successfully litigated many of the highest profile cases in East Texas over the past 23 years.

If you have been arrested for DWI do not delay in hiring a lawyer, there are deadlines, such as requesting an ALR hearing within 15 days of your arrest. Matt has the experience and would be honored to represent you on your DWI case. Call Matt a Canton, TX attorney, and set up a time to meet with him, at no cost, about your case.

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Sentences for theft crimes depend almost entirely on the value of the item stolen. A small theft worth $10 could come with a fine of up to, but not more than $500 and no jail time. An item or items worth much more could result in prison sentencing ranging from a few weeks to 99 years or life in prison, depending on the value of the item or items that were taken.

During the evidence-gathering phase, the prosecutor determines the value of the items stolen and bases criminal charges on that monetary value. It is the job of your defense attorney in Canton, TX, to ensure the value of the item was accurately assessed and valued. If your lawyer can argue that the stolen property should be valued at less than it currently is, your charges could be reduced, ensuring a shorter potential prison sentence and a smaller fine.

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If you have been charged with fraud, including credit or debit card abuse, forgery, fraudulent transfer of a motor vehicle, or another similar crime, Canton, TX Attorney Matt Bingham can help. Click below to learn how.

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Endangering a child occurs when a person intentionally, knowingly, recklessly or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years of age in imminent danger of death, bodily injury or physical or mental impairment.

Law enforcement and prosecutors do aggressively prosecute these cases because the victim is a child. While this is understandable, being accused does not mean you are guilty. These cases can be complex as they often involve medical evidence and scientific testing to determine whether the child was exposed to a controlled substance. Additionally, it is important to look closely at the culpable mental state of the accused when the crime was allegedly committed.

If you are charged with endangering a child, it is imperative that you find a lawyer experienced in handling these types of cases and who understands and can challenge the complex medical and scientific evidence the prosecutors will oftentimes rely on in these cases.

Matt spent over 23 years as a prosecutor and elected DA in Smith County, Texas. Matt has successfully tried to a jury over 150 felony cases, including 25 murder, capital murder and death penalty cases. Matt has lectured prosecutors as the Center for American and International Law in Dallas, Texas on capital murder litigation.

Matt’s success as a prosecutor was due to his relentless preparation, aggressive cross examination of witnesses and his ability to connect with a jury. Matt brings this experience and dedication to defending every client he has the honor of representing.

Matt Bingham is a defense lawyer serving Canton, TX, who will aggressively challenge the State’s evidence and fight for you and your freedom from the moment he is hired.

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In Texas, prosecutors do aggressively prosecute sex crimes. Not only can the punishments be very severe, but they also require sex offender registration, even if a defendant receives deferred adjudication probation. Unfortunately, these crimes have some of the highest occurrences of people being falsely accused. Whether the motive is revenge, to gain advantage in a child custody or divorce case, it does happen.

Just being accused of a sex crime is life altering. If you are being investigated for a sex crime, hire the most experienced criminal defense lawyer you can. Law Enforcement will most likely contact you during the investigation and ask for you to give a statement. You should never give a statement to law enforcement without first contacting a lawyer.

You have an absolute right to remain silent and not give a statement at all – you should use it and retain a highly experienced criminal defense lawyer to protect you and your rights. With every word you tell law enforcement your options narrow.

If you find yourself being investigated for or charged with a sex crime you need to hire an experienced criminal defense lawyer immediately. Do your homework and hire the most experienced criminal defense lawyer you can. You are being accused by The State of Texas of a crime.

Your life, your family and your freedom are at stake. You need an experienced criminal defense lawyer in Canton to investigate your case, challenge the prosecutor’s case and the allegations and develop a strong defense on your behalf. Give Matt Bingham a call today to meet with a lawyer who can and will fight with you and for you.

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Address: 2203 Oak Alley, Tyler, Texas 75703
Phone: (903) 565-2084
Fax: (903) 600-6818
Hours: Monday - Friday 8AM - 5PM

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