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AN ELECTION TORPEDOES THE CONSTITUTION
Politics of Terror Threaten Constitution
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
The recent election of Republican Senator Scott Brown in Massachusetts has effectively torpedoed the constitutional right to silence by any “terror suspect” arrested on American soil. Elected to replace the legendary liberal Senator Ted Kennedy, who died of brain cancer last August, Brown used the “politics of terror” to seal his stunning upset victory over Massachusetts Attorney General Martha Coakley. Brown accused the Obama administration of being “soft on terror” with its decisions to close Guantanamo Bay and to prosecute “9/11 mastermind” Khalid Sheikh Mohammad and co-conspirators in a New York federal civilian court rather than before a military tribunal.
These two decisions have drawn the political ire of Republicans across the country, as well as many conservative-moderate Democrats, including New York’s senior senator Charles “Chuck” Schumer who, along with New York’s Republican Mayor Michael Blumberg, have lobbied the Obama administration to move the KSM trial out of New York and into some more remote region of the country. Scott Brown effectively manipulated this political unrest to rise from the depths of a “long shot candidate” into the “winner’s circle”—a political victory that simultaneously resurrected the Republican Party from the ashes of political demise and put the Obama administration in the cross hairs of a deepening political crisis.
Then the Christmas Day bombing attempt of a Northwest Airlines flight over Detroit by a Nigerian native named Umar Farouk Abdulmutallab stunned the nation. Abdulmutallab was seized, taken into custody by the FBI, and underwent some custodial interrogation before he was advised of his Miranda right to remain silent and given counsel. The FBI did not contact any of the nation’s intelligence agencies prior to interrogating or advising Abdulmutallab of his Miranda rights. The law enforcement interrogation effectively ceased after the terror suspect was advised of his right to silence and counsel appointed to represent him.
Republicans, and Scott Brown in particular, seized upon the Justice Department’s handling of the “Christmas Day bombing case” as further evidence of the Obama administration’s “soft on terror” policies first scorned by former Vice President Dick Cheney. Brown, who by Christmas Day has already surged almost even with Coakley in the polls, used the Abdulmutallab case to rally angry Massachusetts voters even more, telling them that their tax dollars should not be used to pay for “lawyers for terrorists.” He reiterated these campaign views on January 20, 2010 in his U.S. Senate seat victory speech.
“I believe that our Constitution and laws exist to protect this nation,” Brown said. “They do not grant rights and privileges to enemies in wartime. In dealing with terrorists, our tax dollars should pay for weapons to stop them, not lawyers to defend them.”
Two of Sen. Brown’s key advisers, strategist Eric Fehrnstrom and pollster Neil Newhouse, told the media that they believe the senator’s use of the terrorism issue played more in his favor than his attacks on Obama’s health care plan. “National security was a more potent issue than health care, based on the polling we saw, on dealing with terrorists as ordinary criminals versus enemy combatants.”
The political repercussions from Brown’s successful use of the “politics of terror” were immediate. The Obama administration announced it was looking for an alternative site for the trial of KSM and his co-conspirators outside of New York City, and Attorney General Holder followed this administration announcement by saying the trial of KSM and his co-conspirators could still be conducted before a military tribunal. The Attorney General also fell on the political sword by telling the media and members of Congress that the original decision to prosecute KSM in federal civilian court had been his alone and had been made without consultation with the White House.
And more recently theWashington Postreported that the Obama administration has reversed itself once again on the terror front by formulating a yet to be revealed policy which would require the Justice Department and FBI to consult with the intelligence community when terror suspects like Abdulmutallab are arrested. Obama administration officials conceded anonymously that the Republican-led charge, that the FBI lost potentially valuable intelligence information once it advised Abdulmutallab of his Miranda rights, was the force behind the proposed changes.
“We are analyzing lessons learned (in the Detroit Christmas Day case) with the goal of ensuring full information from across the government is available to law enforcement on the ground as they conduct interrogations and make decisions on how to handle terrorist suspects,” a senior White Official told the Washington Post, requesting anonymity because the new procedures have not been approved by President Obama.
This same official tried to soften the Obama administration’s retreat on its long-held policy that the constitution trumps “enhanced interrogation techniques” routinely used by intelligence agencies during the previous Republican administration, saying: “The final decision about Miranda and other law enforcement decisions will continue to lie with the FBI and Department of Justice.”
Clearly the Obama administration had succumbed to both the public and political pressure led by Sen. Christopher S. Bond, R-Mo. “The leaders of the intelligence community, the director of National Intelligence, the director of the Counterterrorism Center were shock to hear [Abdulmutallab] had been Mirandized because he had very valuable information,” the ranking member of the Senate Select Committee on Intelligence toldFox News.
When told about the Obama administration’s possible new policy shift, Bond told the Washington Post: “While there are a lot of unanswered questions, I hope this is a signal that the White House is now more interested in getting lifesaving information from captured terrorists than getting them a lawyer.”
That reaction by Sen. Bond, standing alone, exemplifies how Republicans have used the “terror” issue for raw, partisan political gain rather than protecting “national security.” The senator’s statement emphatically accuses the Obama administration of being more concerned about getting terror suspects a lawyer than protecting the nation against terrorism. If that’s not partisan politics, then are no longhorns in the State of Texas.
Former President Harry S. Truman universalized the statement, “if you can’t stand the heat, get out of the kitchen.” To our disappointment, the Obama administration has signaled it cannot stand the heat in the presidential kitchen. President Obama has repeatedly told the American people and the world community that this nation does not, and will not, torture any suspect; that we as a people are not ideologues driven by the emotion to use any interrogation technique possible to secure what Sen. Bond called “very valuable information.”
If this nation learned anything from the President Bush declared “war on terror,” it was that interrogations of terror suspects by intelligence agencies are not remotely comparable to “custodial interrogations” conducted by law enforcement agencies. “Enhanced interrogation techniques” used by intelligence agencies is a euphemism for torture, pure and simple. The FBI refused to participate in these kinds of “enhanced interrogations” during the Bush administration because they violated American law, international law, and the Geneva Conventions.
If the FBI must “consult” with the intelligence community before it Mirandizes a “terror suspect” under the policy being considered by the Obama administration, then the law enforcement agency may also defer to any interrogation techniques suggested by the intelligence agencies. For example, if it is believed that a terror suspect has “very valuable information” and is not cooperating with the FBI’s normal custodial interrogation, what interrogation techniques will the CIA suggest be employed to secure that information? Waterboarding? Sleep deprivation? Slapping and use of pressure points? Any of these techniques, or a combination thereof, amount to torture.
One thing is certain: if a terror suspect has “very valuable information” about terrorism, the CIA and other intelligence agencies will utilize whatever physical and psychological means are necessary, including “torture,” to force the suspect to disclose that information.
And what will happen as a result of this kind of “enhanced interrogation” process?
The Associated Press reported last month that U.S. District Court Judge Thomas Hogan threw out 23 statements the Government planned to use against terror suspect Musa’ab Omar Al Madhwani who was captured in Pakistan in 2002. After being turned over to U.S. forces, Madhwani was taken to a “pitch-black prison” where he was suspended in a cell by his left hand, subjected to loud music 24 hours a day, and repeatedly threatened and abused. The suspect said he “confessed” to everything the interrogators wanted in order to stop the physical and psychological abuse. Judge Hogan said the suspect’s “medical records” supported his claims of abuse.
And how will President Obama be able to face the American people and the world community and still tell them we are a nation of laws, not torture, when such confessions are repeatedly suppressed by the federal courts because the “enhanced interrogation techniques” utilized by intelligence agencies to get terror suspects to give up that “very valuable information” are unconstitutional?
We are saddened to say that the U.S. Constitution—the document so often touted by political conservatives and new “tea party movement”—has once again, as it was so many times under the previous administration, been sacrificed at the altar of terror politics. The only hope for its survival lies with federal judges, like the Honorable Thomas Hogan, who have the courage to stand for the rule of law and not the “politics of terror.”
SOURCES:
http://dyn.politico.com/printstory.cfm?uuid=4E8920DE-18FE-70B2-A8545C5C36225ABC
http://blog.taragana.com/politics/2010/01/08/judge-throws-out-most-evidence-against-guantanamo-detainee-who-claims-coercion-in-afghanistan-12105/
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/12/AR2010021205277.html
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
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John T. Floyd Law Firm
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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. 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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This law firm is diligent, responsive and succeeded in getting my case dismissed. 10/10 would recommend.
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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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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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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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