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14 Year Sentence for Pointing Laser at Aircraft Reversed After Court Determines Defendant Knucklehead Not Terrorist
Aiming a laser pointer at an aircraft should never be considered just an innocent prank. It is a serious federal crime punishable by up to 5 years in federal prison.
According to the FBI, between 2004 and 2013, there were 141 arrests, 107 prosecutions and 84 convictions for this kind of behavior. There were only 300 laser pointing incidents in 2005, according to the Associated Press, and 4,000 attacks in 2013, an increase of more than 1000 percent. Most of these irresponsible laser users have no idea just how serious their conduct is.
The Government is now showing little tolerance for any kind of laser pointing at aircraft.
The FBI is serious about investigating all incidents of “lasing,” and is offering a reward of $10,000.00 for information that leads to a conviction of an individual engaging in this sort of conduct. Why? Because when seen by a pilot from hundreds or thousands of feet in the air, a laser’s beam expands and can temporarily blind a pilot or cause serious distraction they cannot see past.
There are two statutes that deal with this unlawful conduct: 18 U.S.C., Sec. 32(a)(5) and (8), Attempting to Interfere with the Safe Operation of an Aircraft With Reckless Disregard for Human Life; and 18 U.S.C., Sec. 39A, Aiming a Laser Pointer at an Aircraft . Section 32 was established by Congress to deal with terrorists or hijackers who try to bring down an aircraft with an intent to harm others while Section 39 was established to deal with irresponsible individuals who think it is cute or prankish to aim a laser at an aircraft.
Because of the dramatic rise in dangerous laser pointing, the Government has elected to blur the clear distinction between the two statutes by indiscriminately charging individuals under both sections. In effect, the Government is now treating terrorists and knucklehead pranksters alike. Fortunately, at least one federal circuit has elected to reign in this prosecutorial overreach.
On June 24, 2015, the Ninth Circuit Court of Appeals in United States v. Rodriquez reversed a Section 32 conviction while upholding a Section 39A conviction in the case of Sergio Patrick Rodriquez. There is no doubt that Rodriquez is a knucklehead but it is also clear he is not a terrorist.
On the evening of August 12, 2015, at around 9:00 p.m., a medical transport helicopter for the Valley Children’s Hospital in Fresno, California took off to pick up a patient in nearby Porterville. The Ninth Circuit said the aircraft was flying at about 1,100 feet at a speed of around 130 miles per hour. The pilot said that about five minutes into the flight he noticed a “bright green flash inside the cabin” that caused “everything in the cabin [to] light up.” A few moments later a second flash hit the cabin of the aircraft, causing such a glare in the cabin that made it “difficult to see outside.” The pilot reported the laser incident to air traffic control.
A Fresno Police Department helicopter responded to the call by air traffic control about the laser incident. Two officers in the police helicopter began orbiting the area of the incident until the pilot saw the laser. Their aircraft was at about 500 feet, flying approximately 60 miles per hour. During one of their orbits, the green laser beam hit their aircraft creating a “big flare” that lit up “the entire cockpit. While the officers tried to locate the location of the laser, their aircraft was struck “approximately five or six more times for around three to ten seconds each by a laser moving in a circular motion.” While one of the officers experienced some disorientation and “after imaging,” neither experienced any physical injury as a result of the laser strikes.
The two officers eventually located the laser and directed ground units to that location.
When the two ground unit officers arrived at the location given to them by the air unit, they saw “Rodriquez and his girlfriend Jennifer Coleman standing with several children and adults outside their apartment.” Rodriquez was holding a laser, and when he saw the police, he ran towards his apartment. The officers caught him and removed the laser from his pocket. Since both Rodriquez and Coleman said they had pointed the laser, the officers arrested them both.
The FBI then took over the case. Several weeks later the couple received a letter from the Federal Aviation Authority that said the agency’s inquiry “had determined the couple had not broken any rules and that the matter was closed.”
But the FBI didn’t consider the matter a “closed.” The agency informed the couple that its investigation was ongoing. The couple told the agents they had probably inadvertently struck the aircraft while playing around with the laser to determine its strength. That did not impress the FBI. The agency turned its investigation over the U.S. Attorney’s Office which secured indictments charging the couple with two counts under Section 32 and two counts under Section 39A.
Evidence at the trial revealed that Coleman purchased the laser on Amazon for $7.00 as a gift for her children. On the evening of August 12, the couple’s two young daughters were “playing with the laser, shining it into the grass, the parking lot, and into other people’s apartment.” Neighbors asked the couple not to shine the laser into their homes. Coleman then put the girls to bed only to find a few minutes later that a police helicopter had their apartment under a spotlight. She and Rodriquez were then arrested by the ground unit.
The couple’s criminal defense lawyers argued at trial that the defendants did not know it was a crime to point a laser at a helicopter; that they didn’t know a laser beam could reach a mile or even a quarter of a mile away; or that a laser beam could cause unsafe flying conditions for an aircraft’s pilots. The jury found the couple guilty of violating Section 39A, and Rodriquez pleaded guilty to a one count violation under Section 32. The jury acquitted the two on all other charges.
On March 10, 2014, the trial court grouped both of Rodriquez’s Section 39A and 32 convictions together, and then found an “intentional endangerment enhancement” under the federal sentencing guidelines. The court sentenced Rodriquez’s to a maximum of 60 months for the Section 39A conviction and to 14 years for his Section 32 conviction. The sentences were ordered to be served concurrently.
In reversing Rodriquez’s Section 32 conviction, the Ninth Circuit found that the statute “requires proof of a willful attempt to interfere with the operator of an aircraft, with either the intent to endanger others or reckless disregard for human life.”
Rodriquez was charged with and found guilty of the reckless variety of the offense; and while the appeals court found Rodriquez had been “rightfully convicted” of the Section 39A violation (a judgment he did not contest), there was “no evidence that he was trying to interfere with the pilot” under Section 32. The Ninth Circuit forcefully pointed out that there is a clear distinction between a knucklehead and a terrorist, and that “the failure to recognize this distinction is to fail to appreciate that Congress saw fit to create two different crimes, one more serious than the other, for different types of offenders.”
The Government should have recognized this distinction before it had Rodriquez and Coleman indicted under Section 32. The couple were knuckleheads teaching their children to be knuckleheads. That may be bad parenting but it is not terrorism. They now have serious convictions on their records. Their case should serve as a reminder that no one should ever point a laser, for any reason, at the sky. Expert testimony at their trial revealed that 90 percent of green lasers purchased in the U.S. do not comply with federal regulations “because they emit a stronger beam than allowed.”
Most lasers sold in this country are made in China. They are marketed as a “fun toy” but in reality they can be a potentially dangerous weapon that can get an irresponsible user a stiff prison sentence and a life-haunting criminal conviction.
Take the first step toward protecting your freedom by contacting us now
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John T. Floyd Law Firm
3730 Kirby Drive # 750, Houston
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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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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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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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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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