In the aftermath of the beating of L’Daijonique Lee by Austin Sheffield in Deep Ellum in Dallas, which was captured on video and widely viewed, a number of controversies have arisen. One was the decision of the Dallas Police Department to recommend charges against Ms. Lee for damaging Mr. Shuffield’s truck. To the extent that it matters to anyone, the Dallas Police Chief who ultimately signed off on the decision, Reneé Hall, is a black woman. The Dallas County District Attorney’s Office ultimately decided not to charge Ms. Lee, but some have been critical of DPD’s … [Read more...]
Criminal Appeals In Dallas, Texas: What Winning Arguments Can An Appeals Lawyer Make?
You or a loved one has been convicted of a crime in Dallas, Texas, and received a prison sentence. Now, what do you do? Unless the defendant has given up the right to appeal as part of a plea bargain, a criminal defendant in Texas has the right to appeal to the court of appeals for the region serving the county where the trial court was located. For example, cases from Collin, Dallas, Grayson, Hunt, Kaufman, and Rockwall Counties are appealed to the Fifth Court of Appeals in Dallas. In my experience as a criminal defense attorney, most people do not understand what a criminal appeal … [Read more...]
Plea Bargaining In Federal Drug Cases In Texas—What Am I Signing For?
As a federal criminal defense lawyer who handles drug cases in Dallas, Fort Worth, Plano, and Sherman, TX, I am often asked by clients when we go over a potential plea agreement, “What am I signing for?” By that, they mean, “How much prison time am I agreeing to receive if I sign this proposed plea agreement?” In federal drug trafficking and drug conspiracy cases, the answer is that almost all plea agreements do not include an agreed sentence. This blog will explain why. Plea Bargaining Process In Texas, our state criminal justice system involves traditional plea … [Read more...]
Causing Injury to a Child in Texas: Can You Be Charged For Failing To Protect A Child?
Under section 22.04 of the Texas Penal Code, causing injury to a child (defined as someone fourteen or under), is a felony. Many cases of causing injury to a child deal with a parent or caregiver striking or shaking a child, but what if the accused simply fails to protect a child? Can that be a criminal offense? “The answer,” says Dallas criminal defense attorney John Helms is that “it can be, depending on the circumstances." In Texas, criminally causing injury to a child includes an “omission,” which means a failure to do something. An omission that causes an injury to a child is … [Read more...]
Child Abuse! Calling Parents to Check Facts!
Texas law has specific crimes for causing injury to a child, which is defined as someone age 14 or under according to Texas Penal Code, Section 22.04. The injury can be either bodily injury, serious bodily injury, or causing a serious mental impairment or injury. The law in this area is complicated, and the consequences can be severe, so anyone who is charged with causing injury to a child in Texas should consult with an experienced lawyer like criminal defense attorney John Helms as soon as possible. The crime of causing injury to a child can come up in many different situations. The … [Read more...]
Texas Felonies: If a Defendant Is Clearly Guilty, Should They Still Hire The Best Lawyer?
Dallas Criminal Defense Attorney John Helms explains how a defendant or their loved one should always choose to hire the best defense lawyer possible because it often can greatly impact the defendant's sentencing and future. I was recently told by the family of a man accused of homicide that the family just wanted to have a lawyer appointed for their loved one for free because they believe he had already confessed. They did not think it would be worth it to spend money for his defense because they thought he would be found guilty. I thought this was a serious mistake. The reason is that a … [Read more...]
Federal Drug Cases In Dallas, Fort Worth, Plano, and Sherman: What Happens When You Are Arrested on Federal Drug Charges?
Dallas Federal Drug Crimes - Being arrested on federal drug charges is a traumatic experience. For the family of someone arrested on federal drug charges, the experience is very stressful, because they usually do not understand the process, and everything seems mysterious. To try to help make the process more understandable, this blog will describe what happens when someone is arrested on federal drug charges from the perspective of Dallas federal criminal defense attorney, Attorney John Helms. When someone is arrested, they must be brought before a federal magistrate judge in a … [Read more...]
Challenging the Federal Sentencing Guideline Range: A Success Story For The Defense
Federal criminal defense attorney John Helms discusses recently representing a defendant in a Dallas criminal wire fraud prosecution. I recently represented a defendant in a federal criminal wire fraud prosecution in the Northern District of Texas in Dallas. The case involved one of the most contested sentencing proceedings I can remember. My client had pleaded guilty to committing wire fraud, which means using interstate wires, such as telephones, emails, or text messages, to try to obtain money or property from another by deception. My client was guilty, but my client and I had a very … [Read more...]
Statutory Rape and the Age of Consent In Texas
In Texas, the age of consent is 17. According to section 22.011(a)(2) of the Texas Penal Code, this means that it is a sexual assault to have sexual relations, including oral sex, with a person who is 16 or under. A sexual assault conviction under this law is a second-degree felony, meaning that a defendant convicted under this law faces prison time of not less than two years or more than twenty years, plus possible mandatory sex offender registration. If you or a loved one are facing charges of sexual assault in Texas, you should consult with an experienced sexual assault defense lawyer in … [Read more...]
Homicide Cases in Dallas, Texas – Should You Talk To The Media?
Dallas criminal defense lawyer John Helms explains why speaking to the media is never in a defendant's best interest, especially when facing murder or homicide charges in Texas. I was recently retained in a homicide case. After meeting with the family, I immediately went to the jail to visit the accused young man. When I got there, a reporter and a cameraman were already there and were about to start interviewing him. I had to ask them politely to leave, but if I had not gotten there soon enough, who knows what he would have told them? In the Dallas and Fort Worth area, homicides get a … [Read more...]
