In June 2019, the U.S. Supreme Court handed down its decision in Gamble vs. United States — a case that could have far-reaching consequences for individuals who might face criminal prosecution in both federal and state court. The case focused on the concept of double jeopardy, which refers to an individual being prosecuted twice for the same crime. On a basic level, the double jeopardy clause in the Constitution protects people from standing trial more than once for the same offense. However, the Court’s decision in Gamble upheld something known as the “separate sovereigns” … [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...]
Federal Alien Smuggling Crime: Can They Charge Me Even If There Were No Undocumented Aliens With Me?
As a Dallas federal criminal defense lawyer, I handle alien smuggling cases all over the State of Texas, including the Rio Grande Valley, Laredo, and Del Rio. One question clients sometimes ask is whether they can really be charged with alien smuggling if they were not found with any undocumented aliens. For example, if the accused was in a car that was stopped by the Border Patrol, but there were no aliens in the car, can they still be charged with smuggling or transporting aliens into the United States? The answer is, “yes,” if the facts indicate that you were involved you can be … [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...]
Texas State and Federal Criminal Appeals: What Is Circumstantial Evidence, And Can It Support a Criminal Conviction?
This blog will discuss direct and circumstantial evidence and how experienced state and federal criminal defense lawyers can use and attack them. In popular culture, the term “circumstantial evidence” tends to be associated with questionable or weak evidence. Is this true in courts in state and federal criminal cases in Texas? The answer is that the law generally does not distinguish between direct and circumstantial evidence as far as whether the evidence is admissible in court or how much weight it should be given. “Direct” evidence means evidence that directly proves something. … [Read more...]
Plea Bargaining In Federal Drug Cases In Texas—What Am I Signing For?
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 Cases In Dallas, Fort Worth, Plano, and Sherman: What Happens When You Are Arrested on Federal Drug Charges?
Dallas Federal Drug Crimes - Being arrested on federal drug charges is a traumatic experience. For the family of someone arrested on federal drug charges, the experience is very stressful, because they usually do not understand the process, and everything seems mysterious. To try to help make the process more understandable, this blog will describe what happens when someone is arrested on federal drug charges from the perspective of Dallas federal criminal defense attorney, Attorney John Helms. When someone is arrested, they must be brought before a federal magistrate judge in a … [Read more...]
Challenging the Federal Sentencing Guideline Range: A Success Story For The Defense
Federal criminal defense attorney John Helms discusses recently representing a defendant in a Dallas criminal wire fraud prosecution. I recently represented a defendant in a federal criminal wire fraud prosecution in the Northern District of Texas in Dallas. The case involved one of the most contested sentencing proceedings I can remember. My client had pleaded guilty to committing wire fraud, which means using interstate wires, such as telephones, emails, or text messages, to try to obtain money or property from another by deception. My client was guilty, but my client and I had a very … [Read more...]
What Not To Do When You Are Under Federal Investigation
A federal investigation is serious business. If you’re in Texas take it seriously and contact Dallas federal criminal defense lawyer John Helms. Learning that federal law enforcement is investigating you or your business for possible criminal law violations can be very frightening and intimidating. Federal agents and prosecutors have substantial resources and a lot of discretion when it comes to investigations. But those resources and power have limits and you can take steps to protect yourself by avoiding mistakes that could be very costly. An investigation is the first step in the … [Read more...]
Explaining The Sentencing of Paul Manafort
As a criminal defense attorney in Dallas, Attorney John Helms offers his unique perspective of the Paul Manafort sentencing on March 7th, 2019 and the implications of the sentence length. I am very troubled by the sentencing of Paul Manafort yesterday. According to the Federal Sentencing Guidelines, he should have received a sentence of at least 19 years. The 47-month sentence he received was roughly an 80 percent downward departure from the Sentencing Guidelines—a breathtaking departure for someone who did not plead guilty and who did not substantially assist the government by … [Read more...]
