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...]
Stealing Company Trade Secrets Is a White Collar Crime
In today’s competitive business world, companies typically go to great lengths to protect their intellectual property. Ideas have tremendous monetary value, and many businesses require their employees to sign non-compete and non-disclosure agreements that prohibit them from stealing trade secrets or sharing insider information with competitors or in some cases anyone else. In fact, reports say that intellectual property can make up about 80 percent of a business’s value. When an employee violates a non-disclosure agreement, they can face a civil lawsuit, which can result in the employee … [Read more...]
What Is the First Step Act?
Signed into law on December 21, 2018, the First Step Act aims to reduce the number of people incarcerated in the United States. Currently, there are about 2.2 million people in jails and prisons throughout the country. The First Step Act only applies to federal prisons, which hold around 181,000 people. Under the First Step Act, many people will be able to obtain an early release from prison. Additionally, the new law could also result in shorter sentences for individuals in the future. The Act represents one of the most significant changes in criminal justice reform over the past few … [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...]
Federal Drug Cases: Could You Be A Leader or Supervisor Of A Drug Trafficking Organization Without Knowing It?
As a former federal prosecutor and experienced federal criminal defense lawyer, Attorney John Helms explains the enhancement for being an organizer or leader in federal drug cases. In federal drug cases involving methamphetamine, cocaine, heroin, or any other illegal drug, a convicted defendant can get a longer sentence if the defendant is an “organizer or leader” or a “manager or supervisor” of a group of people. This is because, all other things being equal, those that are higher up in an organization should normally get a longer sentence than those who are lower in the group. In … [Read more...]
Is It a Crime to Send Drugs Through the Mail?
In an age where you can order just about anything online and have it shipped to your door within a couple of days, most people don’t think anything about sending various items through the mail. But what about medication? Is it ever okay to send your cousin some leftover antibiotics? What about some painkillers you don’t need anymore? If you live in a state where marijuana is legal, can you ship it to someone else in a different state? There are very serious consequences for sending certain substances through the mail, and people who break the law could face long-term consequences. If you … [Read more...]
