Dallas Lawyer Explains Why Appeals Expertise Matters for Criminal Defendants

Attorney John Helms says trial lawyers who don't understand appeals can make mistakes that destroy a client's chances later on.

Apr. 16, 2026 at 5:38pm

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An extreme close-up of a gavel and legal documents illuminated by a stark, direct flash of light, conceptually representing the high-stakes, investigative nature of criminal appeals.A criminal defense attorney's expertise in appeals can make the difference between a conviction being overturned or upheld, even if they win at trial.Dallas Today

In a new video, veteran Texas criminal defense lawyer John Helms argues that appeals expertise is the most overlooked factor when choosing a trial attorney. Helms explains how a trial lawyer's ability to properly preserve errors during a case can make or break a defendant's chances on appeal, even if they win at trial.

Why it matters

Helms' message is critical for criminal defendants in Texas, who often focus on a lawyer's courtroom presence or win rate without realizing the long-term importance of appeals knowledge. Failing to preserve errors at trial can eliminate a defendant's options for overturning a conviction, even if the trial judge made a serious mistake.

The details

Helms identifies two key reasons why appeals expertise matters at the trial level. First, it affects a lawyer's ability to properly advise clients on whether to accept a plea deal or go to trial. A lawyer's trial predictions must account for what can be overturned on appeal. Second, trial attorneys must know how to properly 'preserve errors' by objecting at the right moments and creating the right record - if they don't, appeals courts won't even consider those issues later on.

  • Helms published the new video on his website on April 16, 2026.

The players

John Helms

A veteran Dallas criminal defense attorney who handles both trial work and appeals, giving him a unique perspective on how the two processes intersect.

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What they’re saying

“You're banking your prediction and your advice about what's going to happen at trial based on not only what is likely to happen at trial, but also whether you could get it overturned on appeal if something goes wrong.”

— John Helms, Criminal Defense Attorney

“I see a lot of situations where lawyers are in the middle of a trial, and I get it, it's hectic, you've got a million things going on in your mind, but they don't preserve error in the right way. And it can just blow the appeal. So you need to know how to do it. You need to know when to do it. And you need to have some experience with appeals.”

— John Helms, Criminal Defense Attorney

What’s next

Helms plans to continue publishing educational videos on his website to help criminal defendants in Texas understand the importance of appeals expertise when choosing a trial lawyer.

The takeaway

This case highlights how criminal defendants in Texas should focus on a trial lawyer's appeals knowledge, not just their courtroom presence or win rate, when making a critical decision about who will represent them. Preserving the trial record is essential for protecting a defendant's options if the case goes to appeal.