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Bail Reform is Not the Cause of Rising Crime
The COVID 19 pandemic (“pandemic”) taught the American criminal justice system one thing: the nation’s cash bail system is a for-profit practice that has nothing to do with public safety.
In the half dozen years preceding the pandemic, at least a dozen states had undertaken reforms of the cash bail system. Those reforms did not diminish public safety.
The start of the pandemic in the spring of 2020 forced states nationwide to release more people packed in their jails because of fear of an increased spread of the pandemic.
Those release decisions had nothing to do with “bail reform.”
At the same time the increased bail releases were taking place country the county, the homicide rate began a sharp increase in virtually every major city, and even mid-sized cities, in the nation.
Law enforcement sources and conservative politicians—like Texas Gov. Greg Abbott and Harris County District Attorney Kim Ogg —began a politically motivated campaign to associate the rising violent crime rate with “bail reform” releases without offering a shred of evidence to support to claims.
What we now know, through proven data, is that indisputable evidence released in February 2022 shows that there is no correlation (nor has there ever been) between increased bail releases, either through reforms or pandemic necessity, and the spiking violent crime rate.
Self-serving politicians like Abbott and Ogg want to link “bail reform” to the current violence crisis to cover their own political ineptitude at governance.
And, of course, there is the fact that the corrupt cash bail industry system spreads a lot of money around at election time. That alone is sufficient reason for some politicians to keep that system in place.
Generally, politicians who favor cash bail fail to acknowledge the truth of the system.
The cash bail system keeps the poor and people from the most financially marginalized communities in jail following an arrest. It also allows financially able defendants to post cash bail regardless of the severity of the allegations or their criminal history.
These two realities join politicians like Abbott and Ogg at the hip.
These politicians favor a criminal justice system that has historically displayed a stark contrast in the quality of justice between wealth and poverty.
The undeniable fact is that the nation’s criminal justice system favors wealth over poverty. Some will argue that it is a natural and legitimate byproduct of capitalism—a social premise that those who strive for and achieve wealth should have greater legal protections and enjoy more justice benefits than those who perpetually live in an economic arena that borders on insolvency.
In effect, wealth measures success, and poverty measures failure. Wealth assumes low risk, and poverty assumes high risk.
This reality has always been the genesis of the clash between these two economic classes of people throughout American history. The result is a system of justice shaped more by privilege and wealth than by due process and equality.
A cursory examination of the first two steps into the nation’s criminal justice system illustrates the point: arrest and bail.
A June 2020 ABC News report , based on an analysis of 2018 FBI data, revealed that in 800 jurisdictions across the country, Black Americans are five times more likely to be arrested than White Americans. In 250 of those jurisdictions, the arrest rate for Black Americans is actually ten times higher than white people.
Similarly, a 2018 report in The Quarterly Journal of Economics of the Harvard Kennedy School found that racial bias plays a role in judicial decisions about who will and will not be released on bail. This data confirms the reality that bail judges “are racially biased against black defendants,” whether that bias is intentional or not.
A May 2019 report for The Council of State Governments called for an end to “cash bail” in favor of a “risk assessment” bail system. The report opened with the observation that “bail, in its most ideal form, serves two purposes. First, it maintains the American ideal of innocent until proven guilty by allowing suspects to continue their daily lives as normally as possible while they await further court actions. Second, it incentivizes the accused to attend future hearings or face financial consequences.”
In the February 11, 2021, Texas Tribune , Jolie McCullough underscored the tragedic results often produced by the Harris County bail system.
According to arrest records, Alex Guajardo is a violent person. In 2018 he was arrested in Harris County for assaulting his pregnant wife, Caitlynne. Guajardo was released on a personal bond, with protective order and conditions of bond that prevented him from having contact with his wife. He was already on bail for an “intoxicated driving charge.” Two days after being released on the assault charge, Guajardo stabbed Caitlynne to death.
Juxtapose that tragedy to the travesty of Preston Chaney.
According to McCullough, this 64-year-old Black American was arrested in April 2020 for stealing meat and lawn equipment from someone’s garage. He was not released from the Harris County Jail because he could not come up with the $100 in cash needed to post bail. Four months later, Chaney, like scores of others in the Harris County Jail, died after contracting the Covid-19 virus in jail.
Meaningful, comprehensive bail reform is the only way to reduce the likelihood of such tragedies produced by the bail system in Texas. Such reforms can be achieved only by looking through a different penological lens when deciding how to handle suspects following arrest and during pretrial detention/release.
Bail reform in Texas must consider two fundamental factors: the need to protect and maintain public safety and the need to protect a defendant’s presumption of innocence and Constitutional protections against excessive bail.
The state’s current bail system fails on both fronts, as illustrated in the Guajardo/Chaney cases.
The crucial political argument surrounding bail reform in Texas focuses primarily on two ideological points of view.
Bail reformers argue that the current system fails to protect the constitutional presumption of innocence, causes unnecessary disruption to work and families, vastly contributes to jail over-population, and too often induces innocent persons to accept plea bargains. On the contrary, tough-on-crime advocates argue that protecting public safety is the overriding concern, thereby virtually eliminating bail for the financially disadvantaged while preserving the ability of the wealthy to purchase bail.
In theory, and too often in practice, a wealthy individual charged with a serious felony, like AG Ken Paxton, can post cash bail and be released in minutes. At the same time, a homeless person will spend years in pretrial detention for stealing food before their case can be resolved.
These factors notwithstanding, Jolie McCullough’s observation two years ago that meaningful “bail reform” faces an uphill battle in Texas still applies today because fear-mongering politicians like Abbott and Ogg use the word “reform” as a cause for crime, not a solution for it.
Demand from politicians like Abbott and Ogg to either keep the current cash bail system in place or increase pretrial detention reflects the systemic racism that infects every facet of our criminal justice system.
The simple truth is that most people in the state’s jail system who cannot post cash bail are non-violent, disadvantaged people of color who pose no real threat to society. In contrast, financially able people who pose a real danger to the community quickly post cash bails.
David Villalobos, a criminal justice reform coordinator with the Texas Organizing Project, told McCullough: “The way [Abbott] laid it out shows clearly that he’s far more interested in maintaining the status quo and fear mongering than really looking at our bail system that keeps Black and brown people locked up.”
Bail reform advocates must double down on their efforts to change the current cash bail system in Texas because it is the best way to protect both the safety of the public and the integrity of our justice system.
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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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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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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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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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 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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