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...]
Why Federal Sentences for Distributing Methamphetamine are Disproportionately Longer Than for Cocaine or Heroin, and What Can Be Done About It
It would probably surprise most people to learn that, in practice, in many federal courts, a sentence for distributing 1.7 kilos of methamphetamine will be about the same as if the defendant had distributed 450 kilos of cocaine or 90 kilos of heroin. Why is methamphetamine treated as SO much more serious than cocaine or heroin? There are two main reasons. Both have to do with the Federal Sentencing Guidelines, which recommend a range of months in prison, depending on the crime and the defendant’s criminal history, and both have to do with the Guidelines’ outdated approach to meth. First, … [Read more...]
The Different Types of Charges for Drug Possession in Texas
When people are arrested for drug possession in Texas there are a wide range of possible penalties, depending on several factors. For example, in some states, people caught with more than 5 ounces of heroin can face prison sentences of as long as 10 years, because prosecutors often add what is known as an ‘intent to distribute’ charge to possession, which carries heavier penalties. In Dallas, defendants arrested on drug possession charges are subject to the Texas Controlled Drugs Act, which details the types of drugs that are considered illegal. Anyone that wants to understand drug … [Read more...]
Federal Drug Trafficking Attorney Discusses Meth Trafficking
Drug distribution cases: what is liquid meth, and how can you defend someone accused of smuggling it? Federal drug trafficking attorney John Helms weighs in. There have been recent reports about a 16-year-old boy who died after US Customs and Border Protection agents told him to drink from a bottle containing liquid methamphetamine. The boy was crossing the border from Tijuana, Mexico to San Diego, when agents inspected his backpack and found two bottles of liquid they believed to be liquid methamphetamine. The boy told the agents it was apple juice. The agents challenged him to drink … [Read more...]
Dallas Drug Defense Attorney Explains When a Dog Sniff Violates Your Rights
Drug Crimes: When Is A Dog Sniff A "Search" answers Dallas drug defense attorney John Helms If you love dogs like I do, you know that, when dogs first meet a person or another dog, the first thing they do is to smell the new acquaintance. Some breeds of dog have remarkably good senses of smell. For that reason, law enforcement has used trained dogs for many years to detect illegal drugs by smelling for them. This is called a "dog sniff," says Dallas drug defense attorney John Helms Can that sniff violate your Constitutional rights? The answer is that, in some cases, it can. The … [Read more...]
Dallas Drug Lawyer Explains How To Protect Yourself From Unreliable Field Tests
Don’t let police field tests that meet the lowest standards of reliability end up with you in jail waiting to be prosecuted says Dallas drug lawyer John Helms. A man in Florida recently spent 90 days in jail for possession of suspected cocaine, which lab tests later confirmed was not cocaine reports Dallas drug lawyer John Helms. The man was a construction worker, and he had white powder on the seat and floorboard of his car when police stopped him. Presumably, it was drywall dust, but the police field tested it, and the test was positive for cocaine. It took three months for lab tests … [Read more...]
Federal Drug Defense Lawyer On the Trump Administration’s New Prosecution Policy
Federal drug defense lawyer John Helms explains the Trump administration's new prosecution policy and what it means for defendants in federal drug cases On May 10, 2017, Attorney General Jeff Sessions sent a memo to all federal prosecutors that significantly changed the landscape for federal drug cases, reports John Helms, a federal drug defense lawyer based in Dallas. The Attorney General heads the United States Department of Justice and therefore sets policies that Justice Department employees, including federal prosecutors, must follow. A memo from the Attorney General is … [Read more...]
Drug Trafficking Lawyer Explains How to Get a Sentence Reduction
The federal "safety valve" for drug cases: an important tool if you can't get a reduction for "substantial assistance," says drug trafficking lawyer John Helms. In many federal drug cases, a defendant's best option is to cooperate with the Government in order to try to earn a reduction in their sentence for "substantial assistance" to the Government, reports drug trafficking lawyer John Helms. The reduction occurs if a prosecutor asks the judge to sentence the defendant below the range called for by the federal Sentencing Guidelines and if the judge agrees to the request, which they … [Read more...]
Dallas Drug Trafficking Lawyer On How to Get a Search Warrant Thrown Out
Experienced Dallas drug trafficking lawyer John Helms explains the two ways a search warrant can be challenged and thrown out via a motion to suppress evidence. Many drug trafficking cases involve law enforcement executing a search warrant. They do this to find evidence of drug trafficking, usually in a house or a place of business where drug trafficking might be happening, offers John Helms Dallas drug trafficking lawyer. The evidence could be the drugs themselves, but it could also be indications of drug trafficking like drug ledgers or "pay and owe" notes that show deliveries and … [Read more...]
State And Federal Drug Charges Explained By A Federal Drug Defense Attorney
Drug trafficking trials in state and federal courts: All for one or every man for himself? asks federal drug defense attorney John Helms. One of the biggest differences between drug trafficking trials in state and federal courts in Texas is that, in federal court, all defendants are usually tried together in one trial, whereas in state court, each defendant is usually tried separately. Why is this, and what does it mean for those charged with drug trafficking, asks federal drug defense attorney John Helms? Federal law favors trying all defendants charged with being part of a common … [Read more...]
