COVID-19 Update

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We are continuing to protect and defend the rights of the accused during this public health crisis. We are committed to providing the same high quality of service during the COVID-19 restrictions. Please see below for what we are doing.

For Existing Clients:

We can answer questions and schedule phone or video conferences. We cannot make in-person visits to clients who are in custody, but we can arrange phone conferences with them.

Courts are not conducting jury trials, so cases with trial dates are being rescheduled. We are letting clients and their families know when we learn of rescheduled trials and hearings, but you may call to ask about them. Some courts are continuing to conduct certain hearings—sometimes by phone—and we are monitoring cases to find out what will be held and what will not.

We realize that these are difficult times, and we will continue to serve you and your loved ones with dedication and compassion.

For New And Potential Clients:

The Law Office of John Helms continues to take new clients and cases. We can consult with potential clients and family members by conference call and by video conference. Even though we cannot currently schedule in-person meetings, we still have the same resources to assist you and your loved ones. We know that these are difficult times, and even more so if you or a loved one has been accused of a state or federal crime. We are here to help. Please do not hesitate to call to schedule a telephone or video conference.

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​​FAQ

If you have not been arrested or charged with a crime, but the police have told you that they would like to talk to you, what do you do? Do not say a thing; let them know you want to use your right to get a lawyer. And do it ASAP.​

Whenever you have any dealings with the police, you should be represented by a lawyer. If they are looking for you, if they want to talk to you, if they want to arrest you, or if someone has contacted law enforcement and accused you of a crime, you need a lawyer.

Even if you plan on pleading guilty, it is critical that you hire a criminal defense lawyer to protect your rights. Representing yourself is never a good idea. Even if you plead guilty, you can expect that prosecutors will try to take advantage of your inexperience by only agreeing to a plea deal that is less favorable than they would with a lawyer. Plus, an attorney may be able to spot problems with the government’s case that you would not recognize, like evidence that should be suppressed. Problems like that might result in dismissal of the charges altogether, but just being able to spot them can help negotiate a better deal with a prosecutor. An attorney, especially a former prosecutor like me, can help you protect your rights, evaluate your options, and negotiate with the prosecutors for the most favorable outcome.

Depending on your case, based on the advice of your attorney, it may be in your best interest to go to trial. When charges are filed against you, your lawyer will evaluate the case to determine if there is a legal basis to get the case dismissed. If there is not, and if either the government cannot prove the charges beyond a reasonable doubt, or if a satisfactory plea bargain cannot be worked out before trial, then your best option will, in all likelihood, be going to trial. If the case cannot be dismissed, it is ultimately your decision whether you want to take a plea bargain or go to trial. Your lawyer cannot make that decision for you or force you to decide one way or the other. Your lawyer will advise you on what is in your best interests, but no one can take away your right to decide.
Any offer or plea bargain should be evaluated carefully with the assistance of an experienced criminal defense lawyer to ensure that your rights have been protected and that you understand the consequences of the plea. A good criminal defense lawyer will evaluate and discuss with you your other options, including trying to have the case dismissed, your chances if you go to trial, and whether a better deal can be negotiated. This kind of analysis requires experience and knowledge of the law.
In state court cases in Texas, a magistrate judge sets bail shortly after you are arrested. They do this based on the crime and your criminal history. You can hire a bail bond company to help you post bail. They usually require you to give them 10% of the bond amount (which you get back at the end of the case if you comply with all conditions of bond), plus a fee that they keep. Depending on the amount of the bail and your financial condition, they may also require putting up property to make sure they can get their money back if you do not comply with your bail conditions. If you know you are going to be arrested, I strongly recommend contacting a bail bond company in advance. They can make sure that they are ready to post the bond for you as soon as it is set by a magistrate judge. This helps you get out as soon as possible. There are bail bond companies that I trust, and if you hire me, I will help you through that process. Federal court is very different. After your arrest, you have an initial appearance in front of a federal magistrate judge. The prosecutor will tell the magistrate judge whether the government is asking for you to be held in custody during trial. If the government is asking for that, you have the right to have a hearing in court in which the magistrate judge decides whether or not you will be held in custody before trial. That hearing is usually a few days after your initial appearance. Bail is not common in federal court. You will usually be held in custody or released, but if you are released, there may be conditions of your release like electronic monitoring or house arrest.
Absolutely. If you are a suspect or being investigated for potential criminal activity, it is always in your best interest to have a lawyer present. This is true regardless of where the questioning takes place. If the authorities want to question you while you are in custody, you should ask to have a lawyer present during any questioning and refuse to answer questions until your lawyer is with you.

In criminal cases, we usually charge a flat rate for everything but trial and a trial fee that is only owed if the case goes to trial. A flat fee means that, no matter how much work the lawyer has to do, you know up front what the fee is going to be. We base our fees on our estimate of the amount of time and work that will be required to defend the case. We are not a factory type of operation, so we generally do not have “grocery store” pricing, in which a given crime costs a set amount regardless of the facts. Each case is different, and we try to tailor our fees to your individual case. That means that we want to find out about your case and that we try to set our fees based on how much work we think your case will take and how complicated it will be.

If you are under investigation, but you have not been charged, we may offer to represent you during the investigation based on an hourly rate with a cost deposit that we bill against. This can benefit you because it can be difficult to predict how much work it will take to represent someone during an investigation, and an hourly rate means that you will only pay for the work done.

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