I read with interest a recent opinion piece in the New York Times called, “Yes, Jury Selection Is As Racist As You Think. Now We Have Proof,” by Professor Ronald Wright of Wake Forest University Law School. The premise of the article is that African-Americans are removed from criminal jury panels at a greater rate than whites because they are more often the subject of “strikes,” also known as “peremptory challenges. These allow prosecutors and defense lawyers to “strike” potential jurors from being on the final jury for any reason except for race, gender, and other Constitutionally-protected … [Read more...]
Prescription Drug Crimes in Texas
Because prescription medications are legal, some people believe you can’t be charged with a crime for using them. However, it is possible to face prosecution for obtaining prescription drugs illegally or selling them illegally to someone else. In fact, the penalties for a prescription drug crime can be as serious as those an individual might face for using illegal drugs. According to the National Institute on Drug Abuse, the most commonly abused prescription drugs include barbiturates, sleep medications, and opioids like codeine, oxycodone, morphine, methadone, and fentanyl. If a person … [Read more...]
Federal Alien Smuggling Crime: Can You Be Charged With A Crime Even If Someone Else Brought and Transported Illegal Aliens Into The United States?
It is no secret that many people enter the United States illegally each year. Sometimes, they do so to try to escape violence and crime in their home country. Sometimes, they do so to try to find a better life. Sometimes, they do so to be reunited with family or loved ones who are already in the United States. It is very common for people who enter the United States illegally to pay for the services of people who offer to help them cross the border without being found, and transport them from the border to where they are going. If a person is caught helping people cross the border … [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...]
5 Types of Federal Computer Crimes
Hollywood movies often give the impression that a computer crime must always involve a “hacker” — a shadowy figure who works behind the scenes, breaking into government servers and stealing national secrets. As with most things, the reality is quite a bit different. While there are certainly hackers who target governments, there are many different types of computer crimes and you don’t have to be a hacker to be charged with a computer-related offense. If you are charged with a computer-related crime, you should contact a skilled federal criminal defense attorney with experience handling … [Read more...]
Forced to Commit a Drug Crime: The Defense of Coercion in Federal Drug Cases in Dallas, Fort Worth, Plano, and Sherman, Texas
Former federal prosecutor and experienced criminal defense lawyer John Helms explains how a defendant in a federal drug case can prove innocence due to being forced to participate in a drug crime. What happens if drug traffickers threaten to harm a person’s family if the person does not transport drugs for the traffickers? What if the trafficker threatens to kill the defendant right then and there if the defendant does not do as he is told and transport drugs? The law that applies to federal drug trafficking and distribution cases in Dallas, Fort Worth, Plano, and Sherman, Texas … [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...]
Dallas Criminal Lawyer’s Perspective on Dallas Cop Amber Guyger Story
Botham Jean, a 26-year-old unarmed black Caribbean man, was shot to death in his Dallas apartment on September 6, 2018, by a white female off-duty Dallas Police Officer named Amber Guyger. Mr. Jean was in his apartment doing nothing wrong. The case has gained national attention because of the unusual explanation by Ms. Guyger. She claims that she mistakenly thought Mr. Jean’s apartment was hers, and she mistakenly believed he was a burglar in her apartment. There is no question that Mr. Jean’s death was horribly tragic and never should have happened. Everyone agrees about that. There is … [Read more...]
