John Helms Complete Bio

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John has been a trial lawyer for more than 20 years. He is a former federal prosecutor who never lost a trial or appeal. John has also represented some of the country’s largest corporations, including Microsoft, Bank of America, ACE Cash Express, and Philip Morris.

“Over the course of my career, I’ve found that my clients truly appreciate the time, effort, and creativity I put into every case. I am here to help you when you need help the most. That is a responsibility I take very seriously. “

Employment

Partner, Fitzpatrick, Hagood, Smith & Uhl, LLP, Dallas, Texas (June 2013-June 2014)

  • White collar criminal defense and complex commercial litigation.
  • Founding Partner, Helms, Roberts & Diaz LLP, Dallas, Texas (2010 – 2013)
  • Firm specialized in civil litigation, technology transactions, criminal defense, and immigration.
  • Principal, Fish & Richardson P.C., Dallas, Texas (2003 – 2010)
  • Practice emphasized complex commercial litigation, white collar criminal defense, and patent litigation.
  • Assistant United States Attorney, Northern District of Texas, Dallas Division (2000 – 2003)
  • Prosecuted fraud, violent crime, immigration, and drug crime cases.
  • Handled trial and appellate matters for the firm.
  • Never lost a trial or appeal.
  • Awarded Certificates of Appreciation from the U.S. Postal Inspectors for financial crime prosecutions and from the Executive Office of U.S. Attorneys for review of FBI terrorism reports related to the 9/11 attacks.
  • Partner, Susman Godfrey L.L.P., Dallas, Texas (1994 – 2000); Associate (1991 – 1993)
  • Advocated for plaintiffs and defendants in complex commercial litigation.
  • Took on cases involving intellectual property, corporate litigation, securities, and class action suits.
  • Elevated to partner a year early.
  • Law Clerk to the Honorable Charles Clark, Chief Judge, United States Court of Appeals for the Fifth Circuit, Jackson, Mississippi (1990 – 1991)

Education:

  • University of Texas School of Law, J.D. 1990, with high honors
  • Chancellors, Order of the Coif, Texas Law Review Editorial Board
  • Dartmouth College, B.A. English 1987,cum laude

Examples of Federal Litigation Experience:

Federal Civil Examples, Representing Plaintiffs:

Landmark Graphics Corp. et. al v. Paradigm Geophysical Corp. et al. , United States District Court, Southern District of Texas (Houston). Successfully represented plaintiffs in patent infringement litigation over a 3-D seismic imaging software patent. Case settled on confidential terms.

NextiraOne v. Inter-tel , Inc. , United States District Court, Southern District of New York (Manhattan). Successfully represented the plaintiff in a multi-million dollar breach of contract lawsuit over telecommunication equipment. Case settled on confidential terms.

Federal Civil Examples, Representing Defendants:

Multimedia Patent Trust et al. v. Microsoft Corporation , United States District Court, Southern District of California (San Diego). Served as co-trial counsel for Microsoft in a patent infringement case about a video compression patent owned by a trust set up by Alcatel/Lucent. The plaintiff sought actual damages from Microsoft of more than $415 million and future damages that could have reached into the billions. The jury found no liability after a multi-week trial.

DataTreasury Corporation v. Bank of America , United States District Court, Eastern District of Texas (Marshall). Defended Bank of America in one of the largest patent infringement cases in the country. The patent involved check imaging and processing. The plaintiff sued over thirty banks and claimed over a billion dollars in alleged damages from Bank of America alone.

Federal Criminal Examples, Representing the United States:

  • United States vs. Oscar L. Rager and Monica T. Peters , United States District Court, Northern District of Texas. Obtained payroll tax evasion convictions after a two-week jury trial.
  • United States v. Michael Manzer and Richard Carbonaro , United States District Court, Northern District of Texas. Two-week jury trial resulted in convictions for operating a fraudulent charity designed to resemble the Make-a-Wish Foundation.

Federal Criminal Examples, Representing Defendants:

  • United States v. Mark De La Paz (a.k.a. “The Fake Drugs Case”) , United States District Court, Northern District of Texas (Dallas). Represented a Dallas Police officer accused of lying about fake drug arrests. Two-week jury trial resulted in complete acquittal on all charges.
  • United States v. Joong Sook “Janet” Lee , United States District Court, Northern District of Texas (Dallas). Client pleaded guilty to creating fraudulent documents for residential real estate transactions. The Probation Officer calculated the Federal Sentencing Guideline range at over seven years’ imprisonment. Objections and a request for downward departure based on lack of loss amount resulted in a two-year sentence.

Special Prosecutor Appointments:

  • Collin County District Clerk’s Office Corruption Cases, 401 s t Judicial District Court, Collin County, Texas. Appointed Attorney Pro Tem when the Collin County District Attorney’s Office recused itself. Obtained convictions of the Collin County District Clerk and her two top assistants on corruption charges after a jury trial.
  • n re Douglas Paul Chapman, 121 s t Judicial District Court, Terry County, Texas. AppointedAttorney Pro Tem, when District Attorney’s Office recused itself. Conducted an investigation and resolved the matter without filing formal charges.

Speeches:

  • United States Sentencing Guidelines— Departures and Variances After Booker : Advising and Protecting Your Client, State Bar of Texas, 35th Annual Advanced Criminal Law Course, Dallas, Texas, July 21, 2009.
  • Herding Cats: Multiple Defendants In Patent Cases, 46th Annual Intellectual Property Law Conference, The Institute For Law & Technology Of The Center For American And International Law, Dallas, Texas, November 10, 2008.
  • Surviving The Internal Investigation, State Bar of Texas, 5th Annual Advanced Business Law Course, Houston, Texas, October 25, 2007.
  • Parallel Civil And Criminal Proceedings: When Worlds Collide , State Bar of Texas, State Bar College “Spring Training” 2007, Dallas, Texas March 29, 2007.
  • In-House Counsel Needn’t Wear Bullseyes On Their Chests—How To Avoid Being The Next Target [Of A Criminal Investigation], State Bar of Texas, 7th Annual Advanced In- House Counsel Course, Dallas, Texas, July 24, 2008.
  • The Implications Of Parallel [Civil and Criminal] Proceedings, State Bar of Texas, 4th Annual Advanced Business Law Course, Houston, Texas, October 2006.
  • Lawyers Beware—I Fought The Law, And The Law Won: Criminal Prosecution Of Lawyers , Dallas Bar Association Bench Bar Conference, Horseshoe Bay, Texas, September 28, 2006.
  • You’re Not Foreign, And You’re Not Corrupt, So Why Should You Care About The Foreign Corrupt Practices Act? , Corporate Counsel Luncheon And Roundtable: Cutting- Edge White Collar Issues, Dallas, Texas, May 24, 2006.
  • Criminal Law Issues That Every Civil Trial Practitioner Should Know, State Bar of Texas, 27th Annual Advanced Civil Trial Course, Dallas, Texas, August 26, 2004.

Publications:

  • Eyewitness Identification , Texas Lawyer, December 19, 2011.
  • What To Do When The Company Is A Target , Texas Lawyer, November 7, 2011.

Current Bar Admissions:

  • State Bar of Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts: Northern, Southern, and Eastern Districts of Texas

Other Memberships and Recognition:

  • Fellow , Dallas Bar Foundation
  • Fellow , Texas Bar Foundation
  • Barrister , Patrick E. Higginbotham American Inn of Court (2000 – 2003) “The Best Lawyers Under 40 in Dallas,” D Magazine (2004)
  • “Rising Star,” Texas Monthly Magazine (2005) “The Best Lawyers in Dallas,” D Magazine 2014-2015
  • “Texas Super Lawyers,” Texas Monthly Magazine 2014-2015

Personal:

  • Married to Jennifer Anton Helms. Children: Jack (10), Grace (5) Interests: Powerlifting, ice hockey, Scandinavian history and culture.

I Can Help You Navigate The Complex
American Criminal Justice System

Call John Helms Dallas Criminal Defense Lawyer NOW!

You Need to Know the FACTS!

Don’t take a chance on an inexperienced
attorney. Your FREEDOM is at RISK

I will fight to get your life back as with countless clients before YOU.

Call: 972-525-8822

​​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.

I Have Represented Some Of The Country’s
Largest Corporations Including: