What You Need to Know, and Why You Need to Hear It From a Veteran Criminal Defense Lawyer John Helms Leading up to Alabama’s execution of Nathanial Woods for his role in the killing of three police officers, there has been a lot of misinformation about the facts of his case and the law that applied to his conduct. In particular, there has been extensive media coverage of his friend, Kerry Spencer, telling anyone who will listen (which includes a few minor celebrity activists), that Spencer shot and killed all of the police officers and that Woods is “100 percent innocent.” … [Read more...]
How Do Mitigating Circumstances Affect Sentencing?
How Do Mitigating Circumstances Affect Sentencing? When judges or juries sentence a defendant in a criminal case, they typically consider any specific facts that could justify modifying the sentence in some way. In some cases, the facts in the case mean the judge or jury will hand down a harsher sentence if there are aggravating circumstances that make the crime more serious. In other cases, however, specific facts cause the judge or jury to decrease the length of the sentence or make it otherwise more lenient. These facts are called mitigating circumstances.The defendant is still … [Read more...]
How Long Can the Police Detain Me?
Most people know what it means when the police make an arrest and take someone into their custody. When you’re arrested, you know that you are definitely not free to leave. However, there is a second type of police custody, and the question of when you’re free to go can sometimes be a little murky. Specifically, what happens when the police detain you? How long can they detain you without making an arrest? The answer isn’t always straightforward. Your Rights Under the Fourth Amendment Under the Fourth Amendment, which protects privacy rights, the police can’t conduct … [Read more...]
Department of Justice Renews the Federal Death Penalty
In July 2019, the Justice Department announced that the federal government will resume carrying out the death penalty in the federal criminal justice system. This marks the first time the federal government will conduct executions in 16 years. Prior to the announcement, the last execution of a federal inmate took place in 2001, when the federal government executed Oklahoma City federal building bomber Timothy McVeigh. In past years, some of the controversy surrounding the federal death penalty has stemmed from the manner of execution, which involved three different drugs used in a … [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...]
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...]
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...]
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...]
The Deportation Option: Can An Undocumented Person Choose Deportation Instead of Criminal Prosecution?
Texas Immigration Crimes - When I represent undocumented persons who are accused of a crime in the United States, I am often asked by the accused or their family whether they can choose to be deported instead of having to go through a criminal case and potentially serving prison time. This question is understandable. When a person who has come to the United States without documentation is suddenly facing serious criminal charges for an immigration crime, the situation can create fear and anxiety, both for the accused person and for their loved ones. The accused person may be responsible for … [Read more...]
