A drunk driving charge is serious enough on its own. If you’re pulled over for drunk driving with a minor in your car, however, you could be facing additional charges. This is why it’s so important for people wrongly accused of drunk driving to speak to an experienced Texas DWI defense lawyer as soon as possible. While driving intoxicated is dangerous and irresponsible, police don’t always get it right. Many of the tests used by police to determine whether a person is under the influence of alcohol are reliant almost entirely on the officer’s judgment. Police are human like anyone … [Read more...]
5 Defenses When You’ve Been Charged with Domestic Violence
When you have been charged with domestic violence, one of the first things your criminal defense lawyer will do is review the evidence, including any police reports, in your case. Your criminal defense lawyer will do this for the purpose of determining what kinds of defenses are available to you. For example, if a police report states that you had injuries on your body at the time of the alleged domestic assault, this could be used to back up your claim that you acted in self-defense. This is just one of several possible defenses to a domestic violence charge. It’s important to consult … [Read more...]
What’s the Difference Between an Acquittal and an Appeal?
For many people, the legal terminology involved in a criminal case can be confusing or overwhelming. When your freedom is at stake, you might feel frustrated by an unfamiliar process and all the new words and phrases that go along with it. One area that can spark confusion is the difference between being acquitted of a crime and filing an appeal after a conviction. Navigating the criminal justice system is difficult for most people, which is why it's important to discuss your case with an experienced Texas criminal appeals lawyer as soon as possible. Acquittal vs. Appeal In … [Read more...]
What If My Spouse Wants to Drop Domestic Assault Charges?
Just about every married couple argues from time to time. In some cases, tensions can run high, and either party may say something they later regret. In other situations, an argument could get out of hand and prompt a neighbor or another person to contact the police. Either party involved in the argument might even contact the police and file a domestic assault charge, only to decide down the road they don’t want to move forward with pursuing charges. When tempers calm down and parties reconcile, the spouse or partner who filed the complaint might ask the prosecutor to dismiss the … [Read more...]
Do People Make False Accusations About Sexual Assault?
Sexual assault is a terrible crime that leaves victims grappling with what can be lifelong trauma. It’s important for society to believe in and support those who come forward seeking help after a sexual assault. These types of crimes are so serious, it makes people wonder if or why anyone would ever make a false accusation. And while studies show that false accusations of sexual assault are rare, they do happen. Here’s what you should know according to Texas criminal defense attorney John Helms. Between 2 and 10 Percent of Sexual Assault Accusations Are False According to a … [Read more...]
What the SCOTUS Separate Sovereigns Decision in Gamble Means
In June 2019, the U.S. Supreme Court handed down its decision in Gamble vs. United States — a case that could have far-reaching consequences for individuals who might face criminal prosecution in both federal and state court. The case focused on the concept of double jeopardy, which refers to an individual being prosecuted twice for the same crime. On a basic level, the double jeopardy clause in the Constitution protects people from standing trial more than once for the same offense. However, the Court’s decision in Gamble upheld something known as the “separate sovereigns” … [Read more...]
What Are the Defenses to Sexual Assault?
Sexual assault is a serious problem, and statistics show that many sexual assaults go unreported. According to the Rape, Abuse & Incest National Network (RAINN), someone in the United States is the victim of sexual assault once every 92 seconds. Each year, there are 321,500 victims of sexual assault in the U.S. There’s no question that sexual assault is a heinous crime, and that victims deserve every protection available. At the same time, people who are falsely accused of sexual assault are also deserving of protection and equal justice under the law. Because sexual assault is … [Read more...]
Will Getting Arrested Make Me Lose My Job?
Texas criminal defense lawyer, Attorney John Helms explains how being arrested can affect your future and if it can cause you to lose your job. Understandably, most people are fearful and nervous when they are arrested by the police. If you have been arrested, you might be wondering how having an arrest on your record will affect your job. Can your employer fire you? What if you’re later proven innocent? If you have been arrested, it’s important to discuss your case with an experienced Texas criminal defense lawyer. While the American criminal justice system is based on the principle … [Read more...]
How Do Police Get an Arrest Warrant?
Unless the police observe someone carrying out a crime in real time, they must first obtain an arrest warrant before they are able to take someone into custody. Police and prosecutors can obtain an arrest warrant by submitting information to a judge that establishes probable cause for the arrest. Without enough evidence to establish probable cause, the court will not grant the arrest warrant. Additionally, an arrest warrant is typically quite specific about what the police can do, along with what they are unable to do, when it comes to carrying out the arrest. If you think you … [Read more...]
What to Do If You Are Charged with Online Solicitation of a Minor
Being charged with an internet crime involving the solicitation of an underage person is a frightening thing. In many parts of the country, police departments have ramped up efforts to catch people engaged in the online solicitation of minors. Under Texas law, it’s illegal to have sexual contact with anyone younger than 17, as that’s how state law defines a “minor.” You may have seen reports about sting operations in which police departments from various cities and counties band together to arrest a large group of so-called suspects participating in online chatrooms or social media … [Read more...]
