If you or a loved one serve in the military, it’s important to understand that servicemembers don’t have the same rights as civilians. While members of the armed forces have specific rights and legal protections, they are often quite different than those guaranteed under the U.S. Constitution and Bill of Rights. In certain respects, the military justice system would violate a person’s constitutional rights if the individual was a civilian. However, members of the military are treated differently under military law. In some cases, the legal rights of servicemembers are narrower than … [Read more...]
5 Surprising Facts About Crime
Many people believe that crime is on the rise, but is this really true? The news often features stories about violent crimes, which can make it seem like crime is increasing everywhere. However, statistics show that both violent crimes and property crimes are actually declining — and have been for many years. In fact, crime in general has been on the decline for more than two decades. Here’s a look at five important statistics about crime from Pew Research. Violent Crime Has Decreased for 25 Years The statistics behind violent crime reveal that the United States has become … [Read more...]
The Penalties for Property Damage Crimes in Texas
Whether it involves smashing a car window or spraying graffiti on a building, property damage crimes can result in many headaches for those charged with these types of offenses. In some cases, an individual charged with a property damage crime could face a civil claim for monetary damages, as well as criminal charges that carry the possibility of jail time, fines, or both. Under Texas law, most property damage crimes are charged as criminal mischief. If you deliberately destroy or damage someone else’s property, you could face serious consequences for criminal mischief. To protect your … [Read more...]
How the Attorney-Client Privilege Protects Your Rights
If you have ever been accused of a crime, such as a federal drug crime, you may have wondered or worried about whether you can tell your criminal defense lawyer everything. The answer is a qualified, “Yes.” The reason you can tell your lawyer everything is because of the attorney-client privilege. The Sixth Amendment to the United States Constitution guarantees every person accused of a crime the right to counsel—meaning a lawyer to defend you. In order to give you the best possible advice, a lawyer needs to know as much about the facts of the case as possible. If a lawyer does not know … [Read more...]
What You May Not Know About the Castle Doctrine
A recent Texas case has raised new questions and concerns about the use of deadly force when it comes to protecting personal property. A video of an incident in Abilene shows a dispute between neighbors who got into an argument over where to dump a mattress. Tragically, one man shot and killed another during the dispute. You may have heard laws about protecting your property referred to as “stand your ground” laws. These laws are also called the castle doctrine, and they exist in some form in 27 states. The idea behind these types of laws is that every property owner is the king or queen … [Read more...]
Follow-Up: Dallas Criminal Lawyer’s Perspective on Botham Jean Shooting in Dallas
Law Enforcement Is Not “Smearing” Botham Jean Dallas Criminal Defense Attorney and Former Federal Prosecutor John Helms has been a trial lawyer for more than 20 years and is uniquely positioned to evaluate cases from both sides– ensuring the best possible outcome for his clients. There is no doubt that the shooting of Botham Jean by an off-duty Dallas Police officer and his resulting death were horrible and tragic. Mr. Jean was shot to death in his own apartment by Dallas Police Officer Amber Guyger, who claims she mistakenly believed she was entering her own apartment and that Mr. Jean … [Read more...]
Understanding State of Texas v. Roy Oliver
Former Prosecutor and highly experienced Dallas, Texas criminal defense lawyer John Helms shares unique insight into one of the country’s most high-profile cases involving the shooting of an unarmed African-American teenager by a police officer. He explains his belief that the guilty verdict and sentence in State of Texas v. Roy Oliver were just, even though both have been highly controversial. BACKGROUND ABOUT STATE OF TEXAS v. ROY OLIVER Last week, a Dallas County jury found former Balch Springs Police Officer Roy Oliver guilty of murder in the shooting death of a fifteen-year-old … [Read more...]
Do Police Need A Search Warrant To Search Vehicles In Your Driveway?
In many types of cases—especially drug and firearms cases—the police may want to search a vehicle parked in a suspect’s driveway. A recent United States Supreme Court holds that in most situations, they need a search warrant to do so. Experienced criminal defense lawyer John Helms explains why this is a victory for privacy. In Collins v. Virginia, a police officer had reason to believe that the defendant was in possession of a stolen motorcycle with an extended frame that was orange and black. The officer went to the defendant’s house and saw what appeared to be an extended-frame … [Read more...]
The Legal Standards for Embezzlement as a White-Collar Crime in Dallas
White-collar crime charges in Dallas are very serious, even though they don’t capture the public’s attention with the same intensity as violent crime. One of the reasons white-collar crimes get less attention is because they involve money, rather than violence, bodily injury, or death. The truth is, however, that many individuals are victims of white-collar crime, which impacts people on a personal and financial level, and can cause long-term negative consequences. It’s important to first understand the nature of white-collar crimes, and then to isolate the crime of embezzlement, … [Read more...]
What Defenses Do White-Collar Crime Lawyers in Dallas Use for Mail and Wire Fraud?
Under federal law, white-collar crimes are often charged as felonies, and the punishments are similar to punishments in violent crimes. That’s why there are a number of white-collar crime lawyers in Dallas who represent clients at Fortune 500 companies, as well as individuals and small companies. Mail and wire fraud is a common type of white-collar crime that can result in lengthy prison time. That’s why it’s important for defendants to understand the definition of mail and wire fraud, the possible punishments for these crimes, and the common defenses that attorneys use to help their … [Read more...]
