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...]
What Are Letters of Support, And What Should You Do To Make Them Meaningful?
In federal criminal cases, letters of support are letters written to the judge who will decide the defendant’s sentence. They are addressed to the judge, and they ask the judge for leniency in sentencing the defendant. They can be written by anyone who knows the defendant, and there is no limit on how many people can write them. The letters are sent to the defendant’s criminal defense lawyer who collects them and sends them to the judge in a single packet. The judge will read the letters of support before the sentencing hearing and will consider them in deciding the … [Read more...]
Austin Sheffield Deep Ellum Beating: Was The Dallas Police Department Right To Present Charges for L’Daijonique Lee?
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...]
Criminal Appeals In Dallas, Texas: What Winning Arguments Can An Appeals Lawyer Make?
You or a loved one has been convicted of a crime in Dallas, Texas, and received a prison sentence. Now, what do you do? Unless the defendant has given up the right to appeal as part of a plea bargain, a criminal defendant in Texas has the right to appeal to the court of appeals for the region serving the county where the trial court was located. For example, cases from Collin, Dallas, Grayson, Hunt, Kaufman, and Rockwall Counties are appealed to the Fifth Court of Appeals in Dallas. In my experience as a criminal defense attorney, most people do not understand what a criminal appeal … [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...]
