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 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 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...]
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 You Need to Know as a First Time Offender
Few things in life are more overwhelming and frightening than being charged with a crime. If you’re a first time offender, understandably, you may still be in shock about getting arrested, booked in jail, or just required to speak to the police. One of the first things many people do after getting arrested is search online for answers about what this means for their life and what they should do next. If you’ve been charged with a crime in Texas, it’s in your best interest to speak to an experienced Texas criminal defense lawyer as soon as you can. An experienced, knowledgeable Texas … [Read more...]
Texas Criminal Lawyer, John Helms Defines State and Federal Prosecution in Texas
As a former federal prosecutor, Dallas Federal Criminal Defense Attorney John Helms uses his experience to discuss the differences in Texas between a state and federal prosecution. If you have been charged with a federal crime, you should expect your case to be very different from a state criminal case. In many cases, being charged with a federal offense means you should expect to face tougher penalties if you’re convicted. However, there are other differences you should know about which are just important. Here are five ways in which a federal prosecution is different from a state … [Read more...]
Your Options After Being Exonerated for a Crime
The American criminal justice system provides that a person accused of a crime is innocent until proven guilty. Unfortunately, this doesn’t always matter. In some cases, people are convicted of a crime they didn’t commit. In fact, some people have served time on death row, only to later be exonerated. According to the Innocence Project, DNA testing has led to the exoneration of 364 people in the United States, including 20 people who were sentenced to death prior to their exoneration. On average, the individuals exonerated through the use of DNA testing served 14 years in prison before … [Read more...]
Federal Court Upholds Right to Flip Off the Police
It’s not uncommon for an encounter with the police to result in stress. Even if you’re detained briefly by the cops for a routine traffic stop such as a speeding ticket, you may feel angry and inconvenienced as the officer drives away — especially if the cop gave you a citation. Speeding tickets can be costly, and it’s normal to feel irritated when you get one. You might even make a certain negative hand gesture in the cop’s direction as a way of venting or making yourself feel a bit better. While most people might argue this isn’t advisable, a recent case has caused many people to … [Read more...]
