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...]
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...]
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...]
Forced to Commit a Drug Crime: The Defense of Coercion in Federal Drug Cases in Dallas, Fort Worth, Plano, and Sherman, Texas
Former federal prosecutor and experienced criminal defense lawyer John Helms explains how a defendant in a federal drug case can prove innocence due to being forced to participate in a drug crime. What happens if drug traffickers threaten to harm a person’s family if the person does not transport drugs for the traffickers? What if the trafficker threatens to kill the defendant right then and there if the defendant does not do as he is told and transport drugs? The law that applies to federal drug trafficking and distribution cases in Dallas, Fort Worth, Plano, and Sherman, Texas … [Read more...]
Do Police Need A Search Warrant To Search Vehicles In Your Driveway?
In many types of cases—especially drug and firearms cases—the police may want to search a vehicle parked in a suspect’s driveway. A recent United States Supreme Court holds that in most situations, they need a search warrant to do so. Experienced criminal defense lawyer John Helms explains why this is a victory for privacy. In Collins v. Virginia, a police officer had reason to believe that the defendant was in possession of a stolen motorcycle with an extended frame that was orange and black. The officer went to the defendant’s house and saw what appeared to be an extended-frame … [Read more...]
Texas Drug and Theft Cases—What Is Engaging In Organized Criminal Activity?
Texas has a crime called Engaging In Organized Criminal Activity (“EOCA”). It sounds like it means that the accused has to be a member of the mafia or a street gang, but a person can be convicted of EOCA without being in any type of formal organization like the mafia or a gang. So, what does it mean, how is it used, and what are the defenses to it? What is EOCA? By creating the EOCA crime, the Texas Legislature decided that when people get together to commit multiple crimes, the fact that they join forces makes it worse than if one person had just the crimes. A conviction for EOCA … [Read more...]
Federal Drug Trafficking Attorney Discusses Meth Trafficking
Drug distribution cases: what is liquid meth, and how can you defend someone accused of smuggling it? Federal drug trafficking attorney John Helms weighs in. There have been recent reports about a 16-year-old boy who died after US Customs and Border Protection agents told him to drink from a bottle containing liquid methamphetamine. The boy was crossing the border from Tijuana, Mexico to San Diego, when agents inspected his backpack and found two bottles of liquid they believed to be liquid methamphetamine. The boy told the agents it was apple juice. The agents challenged him to drink … [Read more...]
Dallas Criminal Lawyer Explains Reasonable Doubt
John Helms Dallas criminal lawyer discusses “beyond a reasonable doubt”—an elusive but fundamental concept for criminal defense attorneys. Almost everyone has heard the phrase “beyond a reasonable doubt.” It is the standard that the government’s proof must meet in order for a jury to find a defendant guilty of a crime, explains John Helms, Dallas criminal lawyer. It is also an elusive concept that is sometimes difficult for jurors to grasp. I also believe that some prosecutors try to convince jurors that it is a lower standard than it is. If jurors accept this argument, they could find … [Read more...]
US Appeals Court Stops Trump’s Travel Ban, Reports Dallas Defense Attorney
The fourth circuit upholds the injunction against president trump’s travel ban using the president’s words against him, says John Helms, Dallas defense attorney In International Refugee Assistance Project v. Trump, by a 10-3 vote, the United States Court of Appeals for the Fourth Circuit upheld the trial court’s injunction stopping most of President Trump’s travel ban. The court said that the travel ban unconstitutionally discriminates on the basis of religion, reports John Helms Dallas defense attorney. Critics say that the opinion disregards the words of the travel ban and instead … [Read more...]
What Is Obstruction of Justice?
You can’t turn on the news these days without hearing something about President Trump and the firing of FBI Director James Comey. Whatever your political leanings, it can be unsettling to hear people talk about high-ranking officials, including the president, interfering with a criminal investigation. The media has tossed around phrases like “obstruction of justice,” but what does this mean, exactly? Here’s a brief overview of obstruction of justice and what could happen if you’re charged with it. Obstruction of Justice Defined As the New York Times points out in their article, … [Read more...]
