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RACIAL PROFILING AND THE FBI
Houston Criminal Attorney John Floyd Discusses FBI’s Push to Legitimize Racial Profiling
On July 3, 2008 the Associated Press reported that the United States Justice Department was considering adoption of new rules that would allow the FBI to investigate persons without any probable cause of wrongdoing. FBI officials said that being able to target for selective investigation Muslims, Arabs and other racial and ethnic groups that fit a “terrorist profile” would enable the agency to fulfill a post 9/11 Congressional mandate to “root out” terrorists before they strike.
The Bush administration has consistently issued statements that it does not support the targeting of racial or ethnic groups for selective investigation. The proposed new Justice Department rules, however, would allow the FBI to consider both race and ethnicity among the factors that, according to AP, “could trigger a national security investigation.”
The FBI informed AP that under its existing rules the agency must have either specific evidence or probable cause to believe a crime has been committed before it can initiate an investigation against United States citizens or legal residents. The new rules under consideration would greatly expand the agency’s police powers allowing FBI agents to begin preliminary terrorism investigations based on mined public records or general intelligence data to put together individual behavioral profiles deemed suspicious. Some of the factors the FBI would consider in developing these profiles would include but not be limited to:
- Individuals traveling to regions known for terrorist activity;
- Access to weapons or military training; and
- The individual’s race or ethnicity.
“We don’t know what we don’t know, and the object is to cut down on that,” one anonymous FBI official told the AP in defense of the proposed rule changes.
The proposed FBI rule changes are part of an updating of U.S. Justice Department policies officially known as “Attorney General Guidelines.” Senior FBI, Justice Department, and U.S. intelligence officials believe the new FBI rules would assist the FBI’s transition from what AP called a “traditional crime-fighting agency to one whose top mission is to protect America from terrorist attacks.”
Criticism of the proposed rule changes was swift. The ACLU said it would destroy the traditional “presumption of innocence” doctrine. ACLU spokesperson Caroline Fredrickson said the FBI would be able to initiate criminal investigations “by assuming that everyone’s a suspect, and then … weed out the innocent.”
“Terrorism profiling” is a euphemism for “racial profiling.” Racial profiling has long been a fixture in American law enforcement. In 1901 Secret Service agents charged with protecting President William McKinley allowed a white assassin to pass through their security at the Pan-American Exposition in New York without being searched because they had locked their attention on an African-American former constable standing behind the assassin. The white assassin shot and killed the president after which the African-American disarmed and held him until the Secret Service was able to take the assassin into custody.
In December 2001 President George W. Bush had harsh criticism for an airline that refused to let one of his Secret Service agents board a commercial flight. The agent was an Arab-American. “If he was treated that way because of his ethnicity, that will make me madder than heck,” the president said.
Amnesty International USA (“AIUSA”) defines racial profiling as “the targeting of individuals and groups by law enforcement officials, even partially, on the basis of race, ethnicity, national origin, or religion, except where there is trustworthy information, relevant to the locality and timeframe, that links persons belonging to one of the aforementioned groups to an identified criminal incident or scheme.”
In a 2004 report entitled “Threat and Humiliation: Racial Profiling, Domestic Security, and Human Rights in the United States,” the Domestic Human Rights Program of AIUSA reported that approximately 32 million Americans – the equivalent of the entire population of Canada – have been targets of racial profiling. The human rights watchdog group said that “racial profiling is a serious human rights problem” that impacts millions of innocent, ordinary people in their daily lives. The 2004 AIUSA report made the following key findings:
- Approximately 87 million Americans are at “high risk” of being subjected to racial profiling during their lifetime.
- Racial profiling directly impacts Native Americans, Asian Americans, Hispanic Americans, African Americans, Arab Americans, Persian Americans, American Muslims, immigrants and visitors, and, under certain circumstances, white Americans.
- Racial profiling affects both men and women of all age groups and is used against all socio-economic classes in rural, suburban, and urban America.
- Since 9/11, there has been an increase of racial profiling against citizens and visitors of Middle Eastern and South Asian descent, including others who appear to be from the areas or who are members of the Muslim and Sikh faiths.
- Racial profiling occurs in almost every facet of American life: driving, walking, traveling through airports, shopping, home, and traveling to and from places of worship.
- Despite the fact that 29 states have enacted laws against racial profiling, state and federal protection against this human rights violation have been woefully inadequate.
- Forty-six states do not ban racial profiling based on religion or religious appearance.
- Thirty-five states do not ban racial profiling of pedestrians – and of the fifteen states that do, a majority uses a definition so imprecise as to be unenforceable.
- When law enforcement agencies focus on what people look like, what religion they worship, or what clothing they wear, it puts the rest of Americans at risk. In support of this conclusion, the report said that law enforcement officials initially suspected that the 1995 bombing of the Alfred P. Murrah federal building in Oklahoma City was carried out by “Arab terrorists.” And in 2002 two African-American male snipers were able to evade capture and terrorize thousands in Washington, D.C., Maryland and Virginia because law enforcement relied upon racially-based profiles of serial killers to conclude the terrorists were antisocial white males.
Despite these devastating consequences associated with racial profiling, Attorney General Michael Mukasey said of the proposed new FBI rules: “It’s necessary to put in place regulations that will allow the FBI to transform itself … into an intelligence-gathering organization in addition to just a crime-solving organization.”
This new “intelligence-gathering” approach would permit FBI agents to ask “open-ended questions” about the activities of Muslim or Arab Americans, including placing them under the harsh eye of investigation if their jobs and backgrounds match “trends” the agency deems “suspect.” If these preliminary investigations develop the slightest incriminating evidence, the FBI could then eavesdrop on telephone calls or dig into personal data such as email records and bank statements to fulfill their mission to “root out” terrorists before they strike.
This is the same mindset former FBI Director J. Edgar Hoover had in the 1950s and 1060s when he waged a domestic spying campaign against communism, communist sympathizers (especially those who supported Fidel Castro), civil rights leaders like Martin Luther King, black militants like Malcolm X and the Black Panther Party, cultural revolutionaries like John Lennon, anti-war activist like the Chicago Seven, and race-hate groups like the Ku Klux Klan. Any individual or group different from mainstream society became a target of Hoover’s obsession to “root out” threats to the “American way of life.”
Bill Mefford, the Director of Civil and Human Rights for the General Board of Church and Society of the United Methodist Church, recently said that “racial profiling by law enforcement agencies is all too common a practice. It prevents effective enforcement of our laws and alienates people of color in local communities. [It] frequently criminalizes innocent people and diverts law enforcement officials from finding those truly responsible for committing crimes. As a result, it erodes the effectiveness of our criminal justice system.”
Senior international security experts agree with Mefford. According to Amnesty International, these experts say that had law enforcement officials focused on actual criminal behavior rather than characteristics such as race, religion, ethnicity, or nationality, they would have increased their chances of apprehending suspected shoe-bomber Richard Reid before he successfully boarded an airliner with means to blow it up. In a 2001 report entitled “Racism and the Administration of Justice,” Amnesty International listed “five facts” about racial profiling:
- Racial Profiling Undermines Enforcement Efforts: Amnesty pointed to two cases – the Oklahoma City bombing and D.C. sniper cases – where law enforcement pursued the wrong type of suspects based on “profiling” strategies.
- Racial Profiling Makes Us Less Safe. Amnesty concluded that history had consistently proven that “race-based policies” do not make society safer. They pointed to the cases of John Walker Lindh (a white, middle-class male) and Richard Reid (a British citizen of West Indian and European ancestry) that illustrate the law enforcement need to rely solely on behavior and not race or nationality to protect national security. Amnesty also cited the 2003 case in which a white college student from Maryland smuggled box cutters, bleach, matches, and an item consistent with a plastic explosive onto six airplanes as an act of civil disobedience. He easily passed through multiple security checkpoints because he did “fit the [terrorist] profile.”
- Racial Profiling Is A Proven Failure In The “War On Drugs”. Amnesty points to statistics that show racial profiling to interdict highway-bound drug couriers is not only wrong but ineffective. A 1999 U.S. Justice Department study disclosed that while law enforcement disproportionately focused on African American and Hispanic drivers, they found drugs more often when they searched whites (17%) than when they searched African Americans (8%). A New Jersey survey produced similar results: while vehicles driven by African Americans were searched more frequently, drugs were found more often in vehicles driven by whites (25%) than African Americans (13%) and Hispanics (5%). Finally, a Lamberth Consulting study revealed that after the U.S. Customs Service stopped using racial profiling and started using race-neutral factors such as behavior to target potential smugglers, the agency increased its rate of productive searches by more than 300 percent.
- Racial Profiling Encourages Hate and Undermines National Unity. Civil rights and human rights organizations say that the expansion of racial profiling after 9/11 contributed to a climate that encouraged hate crimes against certain minority groups and people who look like them. Further, Arab and Muslim leaders say that the racial profiling tactics of the U.S. Justice Department and INS’s Special Registration program have reduced the willingness of its community members to assist or cooperate with anti-terrorism efforts.
- The Bush Administration Has Not Kept Its Promise To End Racial Profiling. Both President George W. Bush and former U.S. Attorney General John Ashcroft went on record before and after 9/11 opposing racial profiling. Yet the administration had allowed important legislation to languish, such as the End Racial Profiling Act of 2004 and the End Racial Profiling Act of 2007, and has implemented official and quasi-official policies that actually expanded the use of racial profiling.
The State of Texas is ahead of the federal government when it comes to racial profiling. The State in 2001 enacted a law that strictly prohibits a law enforcement officer from engaging “in racial profiling.” See: Tex. Code of Crim. Proc. Arts. 2.131 and 2.132. These statutes have been upheld by the State’s appeals courts. In Pruneda v. State, 104 S.W.3d 302 (Tex.App.-Texarkana 2003) the appeals court said that “under Texas law, a peace officer may not engage in racial profiling” and defined racial profiling as “a law enforcement-initiated action … based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.” Id., at 306. The appeals court added that any evidence obtained through racial profiling cannot be used against a person in a criminal trial. Id. See also: Tex. Code of Crim. Proc. art. 38.23(a) [No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case].
Further, racial profiling can create a cause of action in a federal civil rights lawsuit filed under 42 U.S. § 1983. See: Whren v. United States, 517 U.S. 806, 813 (1996) [holding that claims asserting selective enforcement of a law on the basis of race are properly brought under the Equal Protection Clause and that the right to equal protection can be violated even if the actions of law enforcement are acceptable under the Fourth Amendment]. See also: United States v. Avery, 137 F.3d 343, 352 (6th Cir. 1997) [the Equal Protection Clause of the Fourteenth Amendment provides citizens with a degree of protection that is independent of the Fourth Amendment protection against unreasonable searches and seizures].
Currently before Congress are two pieces of proposed legislation – the End Racial Profiling Act of 2004 and the End Racial Profiling Act of 2007. The nation’s lawmakers cannot come to terms on how to end this insidious law enforcement practice of targeting persons for criminal or terrorism investigatory scrutiny based on race, ethnicity, religion, and national origin. Study after study have clearly demonstrated that racial profiling actually undermines national security because it adversely impacts the racial or ethnic communities whose cooperation is needed most in the intelligence-gathering process about either crime or terrorism.
Thus, the proposed new FBI rules will not make America safer. The expansion of police power rules will serve only to fuel greater distrust of government in the very communities where trust is so desperately needed to combat crime and terrorism. These rules will go beyond what the ACLU calls an attack on the “presumption of innocence” doctrine. They will actually be a severe attack on the civil liberties of citizens presumed to be law-abiding but who are cast under a cloud of law enforcement suspicion and scrutiny not for anything they may have done wrong but rather for fitting a particular profile. These rules are not as much about protecting “national security” as they are about expanding the FBI’s police powers in a manner that would draw the admiration of the agency’s late godfather, J. Edgar Hoover, who found the American bedroom more suspicious than the Sicilian Mafia.
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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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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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I had the opportunity to read an article that Mr. Floyd wrote and it was very interesting. I called him about the article and advice concerning a similar situation. He not only gave … More me excellent advice, he pointed out not just what I wanted to hear but what I needed to hear concerning my situation. The Good, The Bad and The ugly in a manner or speaking. He spoke with an open and honest heart with information to help me and not just to get a client.
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He 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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