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...]
Child Abuse! Calling Parents to Check Facts!
Texas law has specific crimes for causing injury to a child, which is defined as someone age 14 or under according to Texas Penal Code, Section 22.04. The injury can be either bodily injury, serious bodily injury, or causing a serious mental impairment or injury. The law in this area is complicated, and the consequences can be severe, so anyone who is charged with causing injury to a child in Texas should consult with an experienced lawyer like criminal defense attorney John Helms as soon as possible. The crime of causing injury to a child can come up in many different situations. The … [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...]
Statutory Rape and the Age of Consent In Texas
In Texas, the age of consent is 17. According to section 22.011(a)(2) of the Texas Penal Code, this means that it is a sexual assault to have sexual relations, including oral sex, with a person who is 16 or under. A sexual assault conviction under this law is a second-degree felony, meaning that a defendant convicted under this law faces prison time of not less than two years or more than twenty years, plus possible mandatory sex offender registration. If you or a loved one are facing charges of sexual assault in Texas, you should consult with an experienced sexual assault defense lawyer in … [Read more...]
Homicide Cases in Dallas, Texas – Should You Talk To The Media?
Dallas criminal defense lawyer John Helms explains why speaking to the media is never in a defendant's best interest, especially when facing murder or homicide charges in Texas. I was recently retained in a homicide case. After meeting with the family, I immediately went to the jail to visit the accused young man. When I got there, a reporter and a cameraman were already there and were about to start interviewing him. I had to ask them politely to leave, but if I had not gotten there soon enough, who knows what he would have told them? In the Dallas and Fort Worth area, homicides get a … [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...]
Police Still Using Inaccurate Drug Field Tests
When police believe someone has illegal drugs in their possession, they often rely on drug field tests to determine if the substance is really a drug. These kits are generally easy to use, which makes them convenient for police officers during traffic stops. Unfortunately, reports show that drug field tests are often unreliable and sometimes outright wrong, resulting in innocent people spending days and sometimes even weeks in jail. The problem is that police can still arrest an individual based on the results of a drug field test. Because a drug field test isn’t always admissible in … [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...]
