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Freedom of Speech Not License to Commit Crime
The August 1, 2023 indictment of former President Donald J. Trump on four criminal charges related to repeated attempts to overthrow the 2020 presidential election results has triggered contentious public debate about the free speech rights guaranteed by the U.S. Constitution.
Trump’s defense team has signaled that they will defend the former president under the free speech doctrine. His legion of supporters and his core political base in the U.S. House of Representatives have undertaken collective “free speech” arguments to condemn the indictment, most of whom, including those in Congress, apparently have never read the U.S. Constitution, much less the First Amendment.
The First Amendment to the U.S. Constitution provides, in part, that “Congress shall make no law … abridging freedom of speech.”
Despite this specific warning that “Congress shall make no law” that infringes on the right of free speech, Congress and state legislatures, with judicial over sight and approval, have enacted scores of laws to curtail speech in an evolving society that has experienced and will continue to experience social and legal complexities the constitutional framers could never have possibly imagined. These laws establish that federal and state governments can regulate the time, place, or manner of speech without transgressing the First Amendment.
The following is a non-exhaustive list of speech the courts have found can be limited as long as the restrictions are strictly tailored to address specific compelling interests:
Threats. There are two basic kinds of speech threats: physical and terroristic. A physical threat generally entails threatening someone with bodily harm or death, while a terroristic threat generally entails threats to commit violent offenses against a person or property. These threats can be punished at the state and federal level as felonies or misdemeanors.
Fighting Words. Generally defined as insults that are likely to produce a physical altercation or pose a clear and present danger to the public. The U.S. Supreme has defined fighting words as “those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.” The Court has held that this type of speech can be criminalized.
Pornography. There are two types of pornography: child pornography, which, as the Supreme Court held in 1982, is the graphic sexual depiction of children, and obscenity, which is speech that, as the Supreme said in 1973, is “utterly without socially redeeming value;” lacks any “serious literary, artistic, political, or scientific value;” and is an “appeal to the prurient interests in sex.” Both forms of pornography are criminalized at the state and federal levels.
Revenge Porn. The posting to the Internet images of a person’s genitalia, pubic area, or anal area without effective consent is a crime.
Defamatory Lies: There are two types of defamation: lies that are written commonly known as “libel” and lies that are spoken commonly known as “slander.” Although once considered a prosecutable criminal offense, defamation is now primarily a civil offense subject to civil litigation.
Fraud Speech: Speech that is used to steal money, engage in false advertising, commit perjury, or falsely yell “fire” in a crowded theater—all of which can, and is, criminalized.
Radio and Television Speech. U.S. Supreme Court has held that the federal government, through the Federal Communication Commission, can regulate speech on radio and television. This ruling, however, does not apply to cable television, the Internet, newspapers or social media.
Government Employee Speech. The government can regulate and restrict what and when some of its employees can say.
Student Speech: School systems can regulate and restrict the time, place and manner of student speech.
Copyright Infringement: Unless the “fair use” exception applies, people are not free to copy, print, publish, or post material that is created by others when that material is protected by copyright laws.
What is considered “protected speech” then?
- Flag burning
- “F..k Joe Biden” flags commonly seen flying on Texas motor vehicles
- Hate-speech
- Hate inspired armbands
- Ku Klux Klan speech
- Cross-burning one’s property if charged as an “expression” crime
- Offensive protests signs
- Works of art
- T-shirt slogans
- Music lyrics
- Theatrical performances
- Political posters and buttons
The U.S. Supreme Court has held that “protected speech” extends to both individual and collective speech that is “in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends.”
Many crimes can be proven by the words spoken by a defendant, along with other circumstantial evidence. Thus, the importance of a confession in a criminal case. It is not the speech being criminalized but rather the underlying crimes proven by words that indicate intent and state of mind.
“Crimes that induce the commission of criminal activity may implicate free speech principles because they characteristically are committed by speech advocating, advising, or teaching, albeit with the intent of causing a specific criminal objective. Although courts vigilantly will ensure that prosecutions are not based improperly on the mere expression of unpopular ideas, if the evidence shows that speech crossed the line into criminal solicitation, procurement of criminal activity or conspiracy to violate the laws, then prosecution is permissible. The Supreme Court upheld that the government may not criminalize advocacy of the use of force or violence except where such advocacy is directed at inciting imminent lawless action and is likely to do so. Speech or expressive conduct that does not incite imminent action, but also does not amount to advocacy can be punished without violating the constitutional rights of the speaker when the speech exhibits an unambiguous and serious intention to commit or induce the commission of a violent crime. Such speech constitutes a step toward completed violence; speech is not protected by the first amendment when it is the very vehicle of the crime itself. “
As the United States Democracy Center succinctly states, “There is no First Amendment right to attempt to overturn a free, fair, secure election…Criminal conduct – including pressuring officials and lawmakers from seven states, federal agencies, and the vice president to obstruct an official proceeding of Congress and fraudulently alter the election results – isn’t protected speech.”
“The indictment states unequivocally that Trump “had a right, like every American, to speak publicly about the election and even to claim, falsely that there had been outcome-determinative fraud during the election and that he had won.” In other words, he is not being prosecuted simply for lying about the 2020 election. Instead, Trump is charged with conspiring with others to disrupt the certification of President Biden as the winner of the election and deny the millions of Americans who voted in the 2020 election the right to have their votes counted.”
The free speech defense being pushed by Trump’s supporters will fail not only because of his conduct/acts (revealed through witness testimony and recordings) but because of his language (memorialized in countless news feeds) intended to incite and produce lawless actions to interfere with the constitutional transfer of presidential power. “The fact that Trump employed a campaign of deceit to carry out that plan does not make the First Amendment a shield against conviction.”
Freedom of speech is not a license to commit crimes to secure a desired political outcome. The courts, not mob rule, determine the legitimacy of presential elections in America.
Take the first step toward protecting your freedom by contacting us now
Testimonials
John T. Floyd Law Firm
3730 Kirby Drive # 750, Houston
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If you have hired attorneys that meet the Webster dictionary definition, ie: "Attorney " is a person that has a law degree, will not be totally honest, can take your money … More and not earn it, will put you off until he is ready to talk to you, and/or never study your case to be able to defend you. Mr. Floyd is the only attorney that doesn't fit that definition!! You will be delighted to have Mr. John Floyd in your corner! Not one attorney that I have ever met that would ever return a check that I sent to him, because he said I paid him too much! Wow! That right there should tell you something about his integrity!!!!! He has a very calm demeanor and doesn't stretch the truth even if you don't want to hear it, he will tell you the truth. Call and set up an appointment with him and judge for yourself. You are wasting time and money on any other attorney, just hire the best, Mr. Floyd.
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John T. Floyd and his team are some of the best people! I was able to get a second opinion from them on legal advice. His team has been honest, kind, and very informative which has … More been a huge blesssing.
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I highly recommend John T. Floyd Lawfirm. They are truly knowledgeable and willing to go the extra mile to defend your innocence. Psalms 35
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Outstanding!Professional knowledge. Rich experiences. Good outcome.
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The best lawyer I ever encounter with a very good personality. He’s very professional and he will go far and beyond for his clients best interest. He’s definitely a 5 star attorney … More when it comes to delivering. I couldn’t be more happier that I hired him !! 👏👏👏👏
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I can honestly say from what I have seen so far, Floyd is a compassionate soul who cares for his client's. Floyd is by far very knowledgeable in this area. He's currently … More assisting my [Father] on a sex assault. We are all suffering so much as my father is an elder man, but we have faith in God, and Mr. Floyd he can dismissed this outrageous allegation soon. Thank you, yoli
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I had wonderful experience with this law firm. They were so helpful and knowledgeable of the process.my case was dismissed because of Mr John T Floyd,thank you for everything .
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I am very happy today my case dismissed God bless Mr John T Floyd very good lawyer thanks you so mush sir
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I had a great experience with this Law Firm, the kind staff helped me locate a Lawyer even though they were unable to take my case.
They were very helpful, kind and returned my call … More in a timely manner. I would definitely recommend them and use them in the future. -
I can tell that Jone is an excellent attorney in Houston. Personally, he is a great man. In addition to great service and amazing results. Recommended
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Mr. Floyd is an incredible attorney and human being. He cares about your case, the facts, the law, and your life! I am sorry for whatever situation you are going through, but choosing … More Mr. Floyd, his firm, and their professional experience to help you, will be the best decision you ever make!
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John T Floyd is a straight shooter! He was very direct and responsive to my phone calls and questions. I was in awe of his knowledge, and professional decorum! The best decision that … More you could make is to schedule a consultation with him before considering anyone else!
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I asked the Law Office of John T. Floyd a very important question regarding the legal aspects of purchasing a firearm with a deferred adjudication charge. They answered the question … More very professionally and accurately and I was quite pleased with the information that was shared. I recommend this law firm because they are very honest and will work for you and with you.
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I’ve never been one to write reviews but this time I couldn’t pass up the opportunity to say something. I had some serious legal questions I needed answers to concerning Texas laws. … More Being I’m from another state, I found and reached out to Attorney John Floyd for the answers. Mr Floyd listened to to my requests and told me what he need from me and went out of his way to get me the answers. Very polite, straightforward and professional, I can’t thank him enough for all he’s done. Whatever your legal case may be, I wouldn’t hesitate to recommend Mr Floyd.
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John & Chris helped my family member get a reduced charge and acceptable plea agreement in place. Their compassion, attention to every detail was what helped carry the day.Truly … More the best of the best.P
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Mr. Floyd is both ethical and loyal to his clients; two qualities that are hard to find specially in lawyers. I'd definitely recommend him to anyone.Positive
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Mr. John was very helpful and truly was the reason why my case was dismissed. Thank you so much Mr. John I truly recommend everyone in need to work with him.
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His service to the community and diligence to helping his clients speaks for its self! Not to mention the many articles, papers and TV appearances that speak to his intellect
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John has given Excellent service and have been very friendly and extremely helpful to us. I highly recommend this law firm
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This law firm is diligent, responsive and succeeded in getting my case dismissed. 10/10 would recommend.
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super knowledgeable, good attitude, would definitely recommend him
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Very helpful, knowledgeable and honest.
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John is an amazing person and lawyer who is actually very understanding of how anxious I got and although it was hard to reach him sometimes because of his schedule, but never worry … More he is on top of things. He is very organized, very smart. I had the experience to go through a trial with him, and he always plans ahead well and is actually open and receptive to any ideas and comments I had and he was quick to decide which is right to use at the moment. I really appreciated working with him and Chris. Great lawyers and great people. As I was reminded by John, I am adding that the Jury reached a not guilty decision on the original charge and on a lesser charge in just 25 minutes. It took more time to write the charge and instructions for the jury than it took them to reach a decision.
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Highly recommend John T Floyd law firm, great response time and demeanor.I was researching an on-going criminal case, when I found an informative article written by John Floyd (about … More the perils of expert testimony). I called his office, and was very pleased to receive a timely call back. Not only was Mr. Floyd candid and helpful, but he had the kindest demeanor of any attorney that I've dealt with. I am so glad to have found this firm.
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Although I am not a client, John Floyd contacted me the same day I sent an email requesting advice, answered my questions and even when further to assist with my issue and communicated … More with me the next day. A true credit to his profession and I can only imagine how well he provides services to his actual clients!
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I give Mr. Floyd 10 Stars if they were available so I'm giving him five that's all that's available. The first time I left a message for him it was on a Friday after … More 5 p.m. and within 15 minutes he called me back I told him I needed to buy a lotto ticket because that has never happened. I knew from our chat and him calling me back that he was different from any attorney I've tried to talk to left messages never got called back they didn't even know what I needed and neither did Mr. Floyd but he did call me back. I was very interested in meeting with mr. Floyd about my case because I felt he was very transparent honest and genuine. If you've ever dealt with attorneys they don't have those traits but Mr. Floyd does. He was very honest with me told me what I could and could not do with my case. He is not egotistical he's very compassionate and he actually reads the documents you sent him unbelievable that's never happened. He will be the only lawyer I refer to anyone that needs his expertise. If you're in need of a criminal defense attorney please give John T Floyd a call you will not be disappointed.
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Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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John Floyd Law Firm is highly recommended for your legal needs. He and his staff are highly professional in every aspect. Easy and comfortable feeling talking with him, and he understands … More your needs and explains your legal advice in a way you can understand. Enough just cant be said. Thank You Sir.Positive
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John was kind enough to assist me with legal advise on my firearm gun rights restoration. I highly recommend him and his firm. Very professional and knowledgeable. If I need assistance … More in the future I will definitely go back to him.
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What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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John T Floyd handled my sons case & got a dismissal for us! He is great to work with, gets back to you promptly & knows what he’s doing. Definitely one of the best we have had … More to deal with!Positive
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
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I have been calling to get some legal advice pertaining to gun rights. A few legal offices would not even take my call because quote " your not a client and Im losing money. … More I I called John T. Floyd Law Firm and they were not only able to answer my question, but gave great detail information, and further elaborated on their answer. I hope I do not have to use them in the future, but if I do need to, they will be my first call.
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Great lawyer! Needed some advice and gave me a Consultation, and advice for steps to take, without any hassle l, Was a honest guy and actually wanted to help me and not just take my … More money! Highly recommend!!Positive
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Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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Highly recommend, down to earth lawyer. Talked to me about my legal issues without being super money hungry and genuinely wanted to help me with my legal problems. 5 stars ⭐️.
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Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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Very helpful highly recommended for any Question / case will definitely keep he's name and number for any other legal advice
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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Im impressed. This guy was polite and professional and most important...he listened.
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Good experience and very good lawyer
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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I had the opportunity to read an article that Mr. Floyd wrote and it was very interesting. I called him about the article and advice concerning a similar situation. He not only gave … More me excellent advice, he pointed out not just what I wanted to hear but what I needed to hear concerning my situation. The Good, The Bad and The ugly in a manner or speaking. He spoke with an open and honest heart with information to help me and not just to get a client.
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If you are in trouble and need a lawyer, contact the John T. Floyd law firm. Some of the best lawyers in Texas work there! Understanding and helpful lawyers and staff that will do all … More they can to help you 😊
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He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
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He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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He was very truthful and honest with us very great man I would recommend him and we would use him again
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Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
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I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
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I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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He explained my case better then any other lawyerPositive
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Very informative
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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