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...]
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...]
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...]
What Not To Do When You Are Under Federal Investigation
A federal investigation is serious business. If you’re in Texas take it seriously and contact Dallas federal criminal defense lawyer John Helms. Learning that federal law enforcement is investigating you or your business for possible criminal law violations can be very frightening and intimidating. Federal agents and prosecutors have substantial resources and a lot of discretion when it comes to investigations. But those resources and power have limits and you can take steps to protect yourself by avoiding mistakes that could be very costly. An investigation is the first step in the … [Read more...]
Can Being a Confidential Informant Reduce Your Drug Charges?
A confidential informant, who may sometimes be referred to as a “criminal informant,” is an individual who pretends to engage in crime for purposes of furnishing information to law enforcement during the course of an investigation. In most cases, people act as confidential informants so they can obtain a lighter sentence for their own past criminal conduct. Confidential informants are a popular law enforcement tool in large drug cases, where police often need an insider to help them track down the source of drugs in a community. They might use an informant or several informants to bust up a … [Read more...]
Do Members of the Military Have the Same Rights as Civilians?
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...]
