The American criminal justice system provides that a person accused of a crime is innocent until proven guilty. Unfortunately, this doesn’t always matter. In some cases, people are convicted of a crime they didn’t commit. In fact, some people have served time on death row, only to later be exonerated. According to the Innocence Project, DNA testing has led to the exoneration of 364 people in the United States, including 20 people who were sentenced to death prior to their exoneration. On average, the individuals exonerated through the use of DNA testing served 14 years in prison before … [Read more...]
Federal Court Upholds Right to Flip Off the Police
It’s not uncommon for an encounter with the police to result in stress. Even if you’re detained briefly by the cops for a routine traffic stop such as a speeding ticket, you may feel angry and inconvenienced as the officer drives away — especially if the cop gave you a citation. Speeding tickets can be costly, and it’s normal to feel irritated when you get one. You might even make a certain negative hand gesture in the cop’s direction as a way of venting or making yourself feel a bit better. While most people might argue this isn’t advisable, a recent case has caused many people to … [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...]
Criminal Appeals in Texas: What is an Appeal Brief And Why Are They Important?
As a criminal appeals lawyer in Texas, writing appeal briefs is the most important thing I do, but understandably, many clients who hire me have never seen an appeal brief and do not know what they are. This blog will explain what an appeal brief is. Hopefully, it will help people who may be hiring a criminal appeals lawyer better understand what we do and why it is important to hire someone who is experienced at criminal appeals in Texas. A brief is the name lawyers use for a written legal argument. An appeal brief is one that is used in appeals. The Texas Rules of Appellate … [Read more...]
Austin Sheffield Deep Ellum Beating: Was The Dallas Police Department Right To Present Charges for L’Daijonique Lee?
In the aftermath of the beating of L’Daijonique Lee by Austin Sheffield in Deep Ellum in Dallas, which was captured on video and widely viewed, a number of controversies have arisen. One was the decision of the Dallas Police Department to recommend charges against Ms. Lee for damaging Mr. Shuffield’s truck. To the extent that it matters to anyone, the Dallas Police Chief who ultimately signed off on the decision, Reneé Hall, is a black woman. The Dallas County District Attorney’s Office ultimately decided not to charge Ms. Lee, but some have been critical of DPD’s … [Read more...]
Criminal Appeals In Dallas, Texas: What Winning Arguments Can An Appeals Lawyer Make?
You or a loved one has been convicted of a crime in Dallas, Texas, and received a prison sentence. Now, what do you do? Unless the defendant has given up the right to appeal as part of a plea bargain, a criminal defendant in Texas has the right to appeal to the court of appeals for the region serving the county where the trial court was located. For example, cases from Collin, Dallas, Grayson, Hunt, Kaufman, and Rockwall Counties are appealed to the Fifth Court of Appeals in Dallas. In my experience as a criminal defense attorney, most people do not understand what a criminal appeal … [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...]
Causing Injury to a Child in Texas: Can You Be Charged For Failing To Protect A Child?
Under section 22.04 of the Texas Penal Code, causing injury to a child (defined as someone fourteen or under), is a felony. Many cases of causing injury to a child deal with a parent or caregiver striking or shaking a child, but what if the accused simply fails to protect a child? Can that be a criminal offense? “The answer,” says Dallas criminal defense attorney John Helms is that “it can be, depending on the circumstances." In Texas, criminally causing injury to a child includes an “omission,” which means a failure to do something. An omission that causes an injury to a child is … [Read more...]
