As a federal criminal defense lawyer who handles drug cases in Dallas, Fort Worth, Plano, and Sherman, TX, I am often asked by clients when we go over a potential plea agreement, “What am I signing for?” By that, they mean, “How much prison time am I agreeing to receive if I sign this proposed plea agreement?” In federal drug trafficking and drug conspiracy cases, the answer is that almost all plea agreements do not include an agreed sentence. This blog will explain why. Plea Bargaining Process In Texas, our state criminal justice system involves traditional plea … [Read more...]
Federal Drug Crime: Understanding the Recent Federal Sentencing Reforms in the First Step Act
As a federal criminal defense lawyer and former federal prosecutor, Attorney John Helms explains how the new criminal justice reform law, called the First Step Act, can benefit people charged with federal drug distribution and trafficking crimes. Many people accused of federal drug crimes and their families have been anxiously awaiting federal sentencing reform laws that might reduce the amount of prison time faced by defendants. On December 21, 2018, President Trump signed into law the First Step Act, which mostly involves prison reform, but also includes some sentencing reform … [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...]
Federal Drug Cases In Dallas, Fort Worth, Plano, and Sherman, Texas: How Can You Trust A Federal Agent or Prosecutor?
In federal drug cases, cooperating with the Government is often the best way for a defendant to reduce their sentence. Many defendants, however, have difficulty cooperating with the Government because they simply do not trust the Government. Experienced criminal defense lawyer John Helms explains in this article why trusting the Government should not be a barrier to cooperating. In the federal criminal justice system in Dallas, Fort Worth, Plano, and Sherman, Texas, defendants accused of drug trafficking or distribution face potentially severe penalties if they are convicted, including … [Read more...]
If A Grand Jury Would Indict A Ham Sandwich
Experienced federal criminal defense lawyer John Helms explains what indictments are and why they can make a difference in federal drug trafficking and distribution cases in Dallas, Fort Worth, Plano, and Sherman, Texas. It is sometimes said that a federal grand jury would indict a ham sandwich. This makes indictments sound almost trivial, but they can make a big difference in federal drug trafficking and distribution cases in the Northern District of Texas and the Eastern District of Texas, which includes Dallas, Fort Worth, Plano, and Sherman. This is because the way a case is indicted … [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...]
Texas Drug and Theft Cases—What Is Engaging In Organized Criminal Activity?
Texas has a crime called Engaging In Organized Criminal Activity (“EOCA”). It sounds like it means that the accused has to be a member of the mafia or a street gang, but a person can be convicted of EOCA without being in any type of formal organization like the mafia or a gang. So, what does it mean, how is it used, and what are the defenses to it? What is EOCA? By creating the EOCA crime, the Texas Legislature decided that when people get together to commit multiple crimes, the fact that they join forces makes it worse than if one person had just the crimes. A conviction for EOCA … [Read more...]
Texas Drug and Theft Cases—What Is Engaging In Organized Criminal Activity?
Learn how a charge of “Engaging in Organized Criminal Activity” can make serious charges worse and dramatically increase your sentence plus how it’s defended. Texas has a crime called Engaging In Organized Criminal Activity (“EOCA”). It sounds like it means that the accused has to be a member of the mafia or a street gang, but a person can be convicted of EOCA without being in any type of formal organization like the mafia or a gang. So, what does it mean, how is it used, and what are the defenses to it? What is EOCA? By creating the EOCA crime, the Texas Legislature decided that … [Read more...]
The Legal Standards of Drug Trafficking in Dallas
Drug offenses have become a hot-button issue, and that’s especially true at the federal level because the Attorney General has taken a hardline stance on how to punish people convicted of these charges. In fact, large-scale drug arrests have become a daily occurrence in large cities, including Dallas. One recent example of drug trafficking in Dallas involved a police raid at a home owned by former NBA star Chris Bosh, in which police seized items that indicated an ongoing drug operation. (1) The question for defendants charged with trafficking is, “What are the legal standards that turn a … [Read more...]
