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Federal Sex Crimes: What You Need to Know If You Are Charged
Sex offenses are among the most severe in Texas. If you or someone you love is accused of a sex crime in this state, they will face, if convicted, harsh sentencing and extreme sex offender registration upon release. Unfortunately Texas ranks high for the number of sex crimes compared to other parts of the U.S.
Recent FBI statistics found that there are 55.2 sexual assaults and rapes for every 100,000 people in our state. That makes Texas 15th most dangerous state in this regard. Our statistics are even worse for forcible rape, where Texas has the highest number of these cases in the nation.
Typically, charges for this type of crime is charged and prosecuted at the state level — but not always the case. Sex crimes are sometimes prosecuted at both the state and federal levels, and in certain circumstances, the federal government will assume jurisdiction in sex offense case, particularly if they involve intestate cpommerce or child sex trafficking schemes.
Why does this matter?
Because federal criminal penalties and the U.S. Sentencing Guidelines are often result in a more lengthy sentence that must be served without the benefit of parole and extremely sparse goodtime benefits – especially with an offense that requires imposition of a when mandatory minimum sentence.
Are federal sex crimes different from state sex crimes?
Yes and no. Read on to find out more about what federal sex crimes are and how they are prosecuted in this comprehensive guide.
State or Federal Sex Crime?
Many people wonder why a sex crime would be prosecuted at the federal level and not the state level. The truth is that sex offenses are governed by both state and federal laws, which creates differences in how they are prosecuted.
Sex crimes, like any other crime, are prosecuted in the jurisdiction where the crime takes place. Since some sex crimes are considered criminal violations on both the federal and state level, the federal government will assume jurisdiction only when there are special circumstances, such as online child sex trafficking or human trafficking schemes with forced sexual components.
Most often it is the seriousness, public safety and magnitude of a crime that prompts federal jurisdiction – and it’s not a violation of your constitutional rights when that does occur.
Federal courts are granted powers by the United States Constitution to decide what cases they want to try. They don’t have to take on a crime they have jurisdiction over, but are more likely to take on certain types of cases. These cases include those where the internet was used, the activity crossed over state lines, or impacted a minor youth or child.
The types of sex crimes most typically prosecuted by federal courts include:
- Exploitation of minors
- Buying or selling children
- Possession of child pornography
- Distribution of child pornography
- Online solicitation of a minor especially if it crossed state lines
- Aggravated rape
- Aggravated sexual abuse
- The transportation of minors between states or countries with the entire to engage them in criminal sexual activity
This is not a comprehensive list, but it gives you an idea of the types of sex crimes that federal prosecutors will pursue in federal court.
Federal Sex Crimes Often Involve Minors
A range of offenses can be prosecuted in federal court under federal law. Many sex crimes involving children are prosecuted at the federal level. A minor is defined as any person under the age of 18, but frequently the child in question may actually be younger than 16.
Sex crimes against minors prosecuted in federal court can be any of these:
- Child rape or sexual assault
- Sexual exploitation of a child by anyone who bribes, entices, or coerces the minor into sexually explicit conduct or with the intention of depicting the minor in a sexual situation that can be transmitted to others, such as online or through photographs
- Sexual abuse of a ward or minor
- Sale or purchase of a child for the purpose of sex
- Distribution or possession of child pornography, which is classified as material that portrays the sexual exploitation of a minor (i.e. videos, books, films, or magazines) and can also include sharing digital or actual material
Mandatory Minimum Penalties for Sex Offenses in the Federal Criminal Justice System Source: United States Sentencing Commission 1/2019
Also, many sex crimes are elevated to prosecution in federal court when they are aggravating factors involved. Some examples include:
- Aggravated sexual abuse includes using threats, force, or fear of death or bodily injury to coerce a child to engage in a sexual activity
- Using drugs to unknowingly render a child unconscious for sexual purposes
- Human trafficking
- Sexual abuse that causes the death of a child
- Traveling to another state to engage in a sex crime
- Selling or buying illicit sexual material involving children across state lines
- Committing a sex crime on federal territory or land such as an American Indian reservation, federal prison, or military base
- An offender who committed more than one sexual offense
Classifications of Federal Sex Crimes
Federal sex crimes, just like many other crimes, fall into two classifications: misdemeanors and felonies. Misdemeanors often include fines and prison time, but the penalties are not as severe as those associated with felonies.
Federal sex crime felonies are divided into four classes: Class A, B, C, and D. Federal misdemeanors are classified into Class A, B, and C. The most serious in both categories is Class A and those crimes will see the most significant sentencing.
Here is how the different classes break down:
Class A Felony
This is the level of felony reserved for the most serious crimes. A sex crime must be committed with the threatened use or use of a weapon in the course of the sex crime, serious bodily injury must be suffered, or the death of the victim must occur.
Some examples of Class A sex crime felonies include:
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- Sexual abuse of a child younger than 12
- Forcible rape
- Sodomy against a child under 12
- Forcible sodomy
- Murder or manslaughter committed in the course of or after attempting to engage or engaging in sexual contact or rape
- Gross sexual imposition
- Child enticement
Class A felonies under federal law have the most severe penalties. They can include up to life in prison and fines of as much as $250,000.
Class B Felony
Class B sex crime felonies typically cover crimes that are serious, but not the most severe. However, they do carry some serious penalties if you are convicted of this class of felony.
A sex offender convicted of a Class B felony can spend up to 25 years in prison be responsible for fines of as much as $250,000. The judge will consider all mitigating and aggravating circumstances when giving a sentence to the offender.
Class C Felony
This is the middle-of-the-road classification for sex crimes. These crimes are serious but not as serious as Class A or B crimes. Still, a conviction of a Class C sex crime can send you to prison for up to 10 years and make you responsible for fines for as much as $250,000.
Class D Felony
A class D felony is the least serious felony and is usually reserved for crimes that didn’t involve violence. They can still carry harsh penalties, however, such as up to five years in prison and fines of as much as $250,000.
Most Class D sex crimes are what are considered “victimless.” The kinds of acts that can be charged as this class of felony include urination in public, indecent exposure in public, and solicitation.
Class A Misdemeanor
Class A misdemeanors are the most serious misdemeanor classification. If you are convicted of this level of misdemeanor you can face up to one year in jail and be required to pay fines of as much as $100,000.
Some of the most common Class A sex crime includes distributing indecent material via subscription cable or TV services and broadcasting indecent language.
Class B Misdemeanor
A conviction of this level can land you in jail for up to six months and require you to pay $5,000 in fines.
Class C Misdemeanor
You can spend up to 30 days in jail and pay a fine of $5,000 for a conviction at this level.
Other Consequences of Federal Convictions
Criminal penalties are one thing when convicted of a federal crime, but they are not the only thing that should be considered when thinking of the consequences of a conviction in federal court.
For example, if you are found guilty of a Class A felony in federal court, you may also lose your right to vote, lose the right to own a firearm, lose custody or visitation privileges for any children you have, lose any occupational licenses you may possess, and even lose your ability to drive.
Mandatory Minimums for Federal Sex Crimes
Believe it or not, mandatory minimums are used less often for sex offenses in the federal system than they are for other crimes. In fiscal year 2016, only 19.4 percent of federal offenses that merited a mandatory minimum were sex offenses.
However, it is important to keep in mind that this is largely due to the fact that sex offenses only make up a small overall percentage of total federal criminal cases. When you break it down to the percent of federal sex crimes that face mandatory minimum sentences, the numbers look far more bleak for those convicted:
- 7% of sex offender cases involving child pornography or sexual abuse had a mandatory minimum penalty attached to their conviction.
- 6% of child pornography cases had a mandatory minimum penalty attached to their conviction (average sentence 244 months).
- 5% of sexual abuse cases had a mandatory minimum penalty attached to their conviction (average sentence 130 months).
Even more disheartening, those numbers have gone up sharply since 2004.
Mandatory Minimum Penalties for Sex Offenses in the Federal Criminal Justice System Source: United States Sentencing Commission 1/2019
There is also the sex offender registry to keep in mind.
The National Sex Offender Registry
Those convicted of sex crimes may serve their time in prison and pay fines, but after that, there is another penalty to consider: the sex offender registry.
Typically, federal sentences for sex offenders also require the offender to register on the National Sex Offender Registry. States can also require sex offenders to register with the state registry that works together with the national registry.
In 2006, the Sex Offender Registration and Notification Act (SORNA) was enacted. It works to monitor and track sex offenders across the United States and any federally recognized tribal lands. It also links federal information with state information.
If you are convicted of a sex crime, then you must register with the database and provide personal information such as where you live, what schools (if any) you attend, where you work, and any other personal data they ask for.
Sex offenses in the registry are separated into three tiers based on the severity of the sex crime for which you were convicted and how long you must register with the National Sex Offender Registry. These tiers are as follows except in cases where a person is sentenced with other specifics:
Tier 1
Any sex offender on this tier must register for at least 15 years.
Tier 2
Any sex offender on this tier must register for at least 25 years.
Tier 3
Any sex offender on this tier must register for life.
You may also be required by the sex offender registry not to live within a specific distance from certain places, such as a school or park.
What Happens If You Fail to Register?
Failure to register with the federal sex offender registry has very serious consequences. If you fail to register, fail to update your registration as required by law, or improperly register, then you will face additional charges under federal law.
You can face up to 10 years in prison and be made to pay significant fines if you don’t register, don’t update your status as you’re required to, and enter improper information into the registry.
Also, if you commit a violent crime while on the sex offender registry, you can face up to 30 additional years in prison. That’s why it’s vital to stay out of trouble and follow the rules set forth by the registry.
Are There Any Defenses to Federal Sex Crime Charges?
If you are being charged with a federal sex crime, it is vital to get an attorney who has experience dealing with these types of cases so that you can mount a robust defense. Your specific defense depends on the circumstances of your case, but in general, there are several defense strategies that may be utilized:
- Innocence – If you did not commit the crime of which you’re being accused, then pleading innocent is a workable defense. Remember, the prosecution has to prove their case beyond a reasonable doubt. If you have information that casts reasonable doubt on the case, then it can be introduced by your attorney.
- Entrapment – Entrapment occurs when a person commits a crime only because they are pressured, baited, tricked, or coerced into doing so. Talk to your attorney about whether this can apply to your case.
- Consent – Another common defense against sex crimes is that you can show the victim consented to the act.
- Mental incapacity – If the defendant can show the court that they were temporarily or permanently unable to make a sound decision when the crime was committed, that can be a workable defense as well.
Remember, the burden of proof lies with the prosecution. Sex crime accusations should never be taken lightly, but there are often plenty of opportunities to defend yourself against the charges and win.
Being convicted of a sex crime in federal court can be a permanent blight on your record that will impact your life far beyond the completion of any jail sentence. That’s why it’s important to not only get an attorney with experience to represent you in court but also to understand the seriousness of the charges against you and your rights under the law.
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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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 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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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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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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