Blog

TEXAS COMMUNITY SUPERVISION REVISITED

Dec 18 2010
Posted By:
Legislative Rush to Punish “Sex” Offenders Removes Punishment Alternatives, Probation, Unnecessarily Increases Prison Overcrowding
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

In 2008 we posted a piece about the restrictions the Texas Legislature had placed on the availability of probation. Historically probation was an alternative to penal incarceration designed to give first offenders and minor offenders a second chance.

As the American society entered the industrial revolution of the 18th and 19th centuries, which forced more people to “leave the farms” and relocate into tightly congested urban areas where the manufacturing jobs were, crime increased exponentially, as did the rate of penal incarceration. Probation gradually evolved from the humanitarian efforts of states like Massachusetts to “save the souls” of miscreants with a second chance at life to a necessary sentencing tool needed to divert increasingly more serious offenders away from overcrowded state penal systems. Prosecutors also found probation to be an effective leverage against criminal defendants to get them to enter into “plea bargains” and thereby avoid the costly trial by jury process.

But as violent crime increased probation and its first cousin, parole, became the “whipping boy” for a developing “law and order” movement—a movement whose roots can be traced back to the racial segregation of the Old South. According to the 1935 FBI Uniform Crime Reports, the Southern states had a murder rate of 21.9 per 100,000 people—a rate that was nearly six times the national average. In his book The Mind of the South (Vantage Books 1941), W.J. Cash wrote: “The Negro in the slums was the main, though by no means the whole, explanation for this appalling showing. Police reports and maps for cities like Atlanta and Charlotte (the two which had the highest murder-rate for the South) reveal plainly that the murder line follows the location of black slums with great exactness, that most of the criminal and the majority of their victims are found there, and that the greatest incidence of the crime occurs in exactly the slums where unemployment, crowding, squalor, and want are most prevalent.”

By the 1970s, when the “crime victim rights movement” was established in California, violent crime had migrated from the slums of the South to the larger urban areas across the rest of the country. The militancy of the late 1960s spawned Richard Nixon’s presidential “war on crime” declaration as many Americans had increasingly grown disenchanted with Lyndon Johnson’s liberal social programs known as the president’s “Great Society.” “States rights” racists politicians of the Old South, led by Alabama Gov. George Wallace, found allegiances with Northern politicians who were seeing one “big city” after another going up in the flames of “race riots.” Demands for “law-and-order” became a political right of passage.

Social liberals and prison reform advocates waged a good fight trying to stave off enhanced criminal sentencing, elimination of probation eligible offenses, and either the outright abolition of parole or a dramatic decrease of crimes eligible for parole consideration spawned out of the “war on crime” but with little success. In his book Conscience and Convenience (Little, Brown & Co. 1980), which was a revealing analysis of the nation’s criminal justice system of the preceding 80 years, Columbia University Professor David Rothman pointed that parole had always been the “most unpopular of all reform measures. Parole became the whipping boy for the failures of law enforcement agencies to control or reduce crime. Whenever fears of a ‘crime wave’ swept through the country, or whenever a particular senseless or tragic crime occurred, parole has invariably bore the brunt of attack.”

Seventy years after W.J. Cash’s “black slums” analysis and three decades after Rothman’s critique of the nation’s abysmal failure at fighting crime, the popular blog Grits for Breakfastposted a piece about a new book by Robert Perkinson titled Texas Tough: The Rise of America’s Prison Empire. The Grits post deals with his reaction to a lecture by Perkinson at the University of Texas: reactions that deserve repeating here.

“Perkinson’s book (or at least his talks about it – this is the second time I’ve heard him speak) focuses significantly on issues of race. He believes that we’re currently in the second ‘boom’ of incarcerating black felons, and that the first came after the end of Reconstruction when southern racists used criminal laws to impose and enforce Jim Crow. The southern model during that first boom involved ‘convict leasing,’ which meant hiring out convicts for their labor to private employers, though none of the money went to the prisoners. Convict leasing was Texas’ #1 source of revenue, he said, during the late 19th and early 20th centuries. At one point, Perkinson provocatively announced that ‘Prison labor helped build the New South just as slavery built the old.’ The prisoner death toll from convict leasing nationwide was about 30,000 – roughly six times the number of black folks lynched during the same period, he said.

“It’s rather ironic that convict leasing used to be Texas’ biggest revenue source because today mass incarceration has turned into a $3+billion per year money pit for the state. Perkinson noted that the Texas Legislature has increased penalties and created new crimes during every legislative session since the 1960s, ignoring the fact that ‘tough sentencing laws are appropriations,’ or ‘really entitlement programs,’ which is an interesting way to look at it. Indeed, prison building, he argued, has been the defining public works project of the last generation, the same way that hydroelectric dams were the defining public works program of the early 20th century and the highway system was during the period – an excellent and accurate observation.”

Perkinson’s nailed it – the prison industry cannot exist without a “war on crime” being perpetually waged by fear mongering “law-and-order” legislators. Violent crime in our society, especially those involving sex offenses, has been steadily decreasing while the state legislatures, like the one in Texas, have continuously increased penalties for crime and reduced probation/parole eligible offenses. Not counting jails, federal lockups and juvenile facilities, Texas has 114 prisons and nearly 750,000 residents under some form of criminal justice supervision. There are nearly 90,000 non-violent offenders incarcerated in this state alone who would be more suitable and less costly under some form of community supervision. And, yes, as Perkinson pointed out, race continues to play a significant factor in Texas’ incarceration policies: blacks are incarcerated 7 to 1 over whites. Black men are four times more likely to go to prison in Texas than to college.

Thus, Texas’ “war on crime,” whose war room lies in the rowdy domain of the Austin legislature, now has primarily a dual enemy: blacks (or Hispanics) and sex offenders. Recently we posted a piece about the legislature’s ongoing herculean effort to “out tough” every other state when it comes to dealing with sex offenders; and another piece about how the courts have greatly handcuffed criminal defense attorneys ability to defend these cases; and another piece about how the U.S. Supreme Court has given constitutional blessing to confining sex offenders for the rest of their lives on the theory that they might pose unnecessary risk to society; and yet another piece about how state officials are so horribly abusing its children without parents (mostly blacks) that they are producing a new crop of violent offenders every season.

Against this barren political and legal landscape, it is little wonder that probation under any circumstance has become an unrealistic prospect in the State of Texas. Article 42.12 of the Texas Code of Criminal Procedure governs criminal sentencing in this state. Sec. 2(2) of this article defines “community supervision” as “the placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period…” There are two kinds of community supervised sentences: 1) a criminal proceeding which is deferred without an adjudication; and 2) an actual sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or part.

There are two ways community supervision can be ordered: either by the judge or recommended by the jury. Sec. 3(a) requires that before a judge can order community supervision he/she must make a determination that such a sentence is in “best interest of justice, the public, and the defendant” and it can be ordered only after the defendant has been convicted or entered a plea of not guilty or nolo contender. A defendant is not eligible for community supervision (1) if he/she has been sentenced to a term of imprisonment exceeding ten years or (2) sentenced to serve a term of confinement under a state jail felony pursuant to Article 12.35 of the Texas Penal Code.

The Texas Legislature has imposed certain limitations on a judge’s authority to order community supervision. These are known as the “3g limitations” under Sec. 3g. A judge may not order community supervision if the defendant has been convicted under any of the following offenses:

  • Section 19.02, Penal Code (murder)
  • Section 19.03, Penal Code (capital murder)
  • Section 21.11(a)(1), Penal Code (indecency with a child)
  • Section 20.04, Penal Code (aggravated kidnapping)
  • Section 22.021, Penal Code (aggravated sexual assault)
  • Section 29.03, Penal Code (aggravated robbery)
  • Chapter 481, Health and Safety Code (drug laws), for which punishment is increased under (1) Section 481.140 [use of a child], or (2) Section 481.134(c), (d), (e), or (f) [drug free zone] if the defendant has been previously convicted of an offense for which punishment was increased under of those subsections
  • Section 22.011, Penal Code (sexual assault)
  • Section 22.04(a)(1), Penal Code (injury to a child, elderly individual, or disabled individual), if the offense is punishable as a felony of the first degree)
  • Section 43.25, Penal Code (sexual performance by a child)
  • Section 15.03, Penal Code, (Criminal Solicitation) if the offense is punishable as a felony of the first degree,

Or when it shown that a deadly weapon as defined in Section 1.07, Penal Code, was used or exhibited during the commission of a felony offense or during immediate flight there from, and that the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited; or if there is an affirmative finding under Subsection (a)(2) in the trial of a felony of the second degree or higher that the deadly weapon was used or exhibited was a firearm and the defendant is granted community supervision, the court may order the defendant confined in the Texas Department of Criminal Justice for not less than 60 and not more than 120 days. At any time after the defendant has served 60 days in the custody of the department, the sentencing judge, on his own motion or on motion of the defendant, may order the defendant released to community supervision. The department shall release the defendant to community supervision after he has served 120 days.

A jury may not order community supervision if …”the defendant:

  • is sentenced to a term of imprisonment that exceeds 10 years,
  • is convicted of a state-jail felony for which suspension of the imposition of the sentence occurs automatically under CCP art. 42.12, §15(a) [low level drug offenses],
  • does not file a sworn motion under CCP art. 42.12, §4(e) or for whom the jury does not enter in the verdict a finding that the information contained in the motion is true,
  • is convicted of a drug offense for which punishment is increased under H&SC (c), (d), (e), or (f) [drug free zone] if the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections,
  • is convicted of an offense of indecency with a child, aggravated sexual assault, or sexual assault, if the victim of the offense was younger than 14 years of age at the time the offense was committed,
  • is convicted of an offense of aggravated kidnapping, if the victim was younger than 14 of age at the time of the offense was committed and the actor committed the offense with the intent to violate or abuse the victim sexually,
  • is convicted of an offense of sexual performance of a child,
  • is adjudged guilty of the offense of murder.” (O’Conner’s Texas Crimes and Consequences 2010-2011, T.B. Todd Dupont II)

Clearly, the Texas Legislature intended to greatly restrict probation eligibility to individuals charged with crimes against persons, especially sex offenses. But in its zeal to establish these restrictions, the legislature carved out some convoluted nuances in the authority of the judge and jury to impose probation in sex offense cases. Art 42.12, Sec. 3g(a)(1)(C), (E) and (H)—indecency with a child, aggravated sexual assault, and sexual assault—prohibit a judge from imposing probation in these cases.

Article 22.011, Texas Penal Code, defines a “child” as someone under seventeen years of age.

Thus, the clear language of the sexual assault and indecency with a child statutes applies to a defendant charged with sexual misconduct with a child under 17 years of age as defined in Art. 22.011. The judge cannot impose probation in these cases. On the other hand, a defendant can be charged with aggravated sexual assault of a child only if the is under 14 years of age. Thus, the language of the aggravated sexual assault statute does not prohibit probation if the “child” victim 14, 15 or 16 years of age.

As for the jury’s authority to recommend probation, a defendant is ineligible for probation if the child is under 14 years of age in all three child sexual assault offenses. Art 42.12, Sec. 4(d) (5)specifically prohibits a jury from recommending probation in sexual assault. indecency with a child and aggravated sexual assault cases “if the victim of the offense was younger than 14 years of age at the time the offense was committed.” The clear language of this section of Art. 42.12does not prohibit probation for these three offenses if the child victims are 14, 15 & 16 years of age.

This certainly creates legal paradoxes in child sexual assault cases. Under Arts. 21.11(a) (1)and Art. 22.011 of the Penal Code, indecency with a child and sexual assault specifically entails any sexual misconduct with a child under 17 years of age. Subsection 3g(a)(1)(C) of the Code Criminal Procedure prohibits a judge from imposing probation for these two sex offenses if the victim is under 17 years of age while subsection 4(d)(5) prohibits a jury from imposing probation in these cases only if the child is under 14 years of age.

Thus, a judge cannot impose probation in certain cases while the jury can. And in those cases where the jury can and the judge cannot, the judge must accept the jury’s recommendation because Sec. 4(a) demands that “a judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict.”

These legal paradoxes, of course, cause a criminal defense attorney representing defendants in these cases to pause. He must request that the jury assess punishment in some sex cases involving children because probation an available possible punishment for a jury, particularly in sexual assault, indecency with a child, and aggravated sexual assault cases if the victim is 14 years of age or older.

But even more daunting is whether a criminal defense attorney and his client would like to see probation imposed as an alternative to incarceration because of the “conditions” attached to probation. The following are considered “basic conditions” under Sec. 11 of Art. 42.12:

  • Commit no offense against the law of this state or any other state or of the United States;
  • Avoid injurious or vicious habits;
  • Avoid persons or places of disreputable or harmful character, including any person, other than a family member of the defendant, who is an active member of a criminal street gang;
  • Report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department;
  • Permit the supervision officer to visit the defendant at the defendant’s home or elsewhere;
  • Work faithfully at suitable employment as far as possible;
  • Remain within a specified place;
  • Pay the defendant’s fine, if one is assessed, and all court costs whether a fine is assessed or not, in one or several sums;
  • Support the defendant’s dependents;
  • Participate, for a time specified by the judge, in any community-based program, including a community-service work program;
  • Reimburse the county in which the prosecution was instituted for compensation paid to appointed counsel for defending the defendant in the case, if counsel was appointed, or if the defendant was represented by a county-paid public defender, in an amount that would have been paid to an appointed attorney had the county not had a public defender;
  • Remain under custodial supervision in a community corrections facility, obey all rules and regulations of the facility, and pay a percentage of the defendant’s income to the facility for room and board;
  • Pay a percentage of the defendant’s income to the defendant’s dependents for their support while under custodial supervision in a community corrections facility;
  • Submit to testing for alcohol and controlled substances;
  • Attend counseling sessions for substance abusers or participate in substance abuse services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse;
  • With the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation;
  • Submit to electronic monitoring;
  • Reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56.32, of the defendant’s offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;
  • Reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;
  • Pay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;
  • Make one payment in the amount not to exceed $50 to a crime stoppers organization as defined by Section 414.001, Government Code, and as certified by the Texas Crime Stoppers Council;
  • Submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant;
  • In any manner required by the judge, provide public notice of the offense for which the defendant was placed on community supervision in the county in which the offense was committed; and
  • Reimburse the county in which the prosecution was instituted for compensation paid to any interpreter in the case.

These are overwhelming conditions, and they too often insure the failure of the probationer. In some instances these conditions force a defense attorney to advise against acceptance of probation, especially for those defendants likely to violate them. This is especially true in some sex offense cases where the offender may be subjected to regular polygraph examinations as a condition of his probation—a disturbing invasion of personal privacy condition which has beenupheld by the courts even though the use of polygraphs have been cast in serious doubt by theAmerican Psychological Association.

And what has this “Texas Tough” approach secured for the state. Texas is number 1 in the nation in incarcerating juveniles in adult prisons; number 1 in prisoners held in supermax control units; number 1 in sending inmates to private “for-profit” prisons; number 1 in inmates being sexually assaulted in its prison system; number 1 in executions since 1977; number 1 in executing juveniles and mentally retarded offenders before U.S. Supreme Court stopped it; and number 1 in DNA exonerations. While the nation and state’s crime rate have decreased over the past two decades, the Texas prison population has increased by approximately 130 percent.

And with a super majority of law-and-order conservative Republicans now in control of the state legislature, it can reasonably be expected that the racially charged “war on crime” will continue in the upcoming legislative session. We dare not think about what can, and will, happen when all those “good ole boys” arrive in Austin saddled up and ready to shoot some coyotes.

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Categories

Archives

Take the first step toward protecting your freedom by contacting us now

Testimonials

John T. Floyd Law Firm IconJohn T. Floyd Law Firm

3730 Kirby Drive # 750, Houston

4.9 108 reviews

  • Avatar Jeannette Young ★★★★★ 2 months ago
    If you have hired attorneys that meet the Webster dictionary definition, ie: "Attorney " is a person that has a law degree, will not be totally honest, can take your money … More and not earn it, will put you off until he is ready to talk to you, and/or never study your case to be able to defend you. Mr. Floyd is the only attorney that doesn't fit that definition!! You will be delighted to have Mr. John Floyd in your corner! Not one attorney that I have ever met that would ever return a check that I sent to him, because he said I paid him too much! Wow! That right there should tell you something about his integrity!!!!! He has a very calm demeanor and doesn't stretch the truth even if you don't want to hear it, he will tell you the truth. Call and set up an appointment with him and judge for yourself. You are wasting time and money on any other attorney, just hire the best, Mr. Floyd.
  • Avatar Curtis Shane Kessler ★★★★★ 3 months ago
    John T. Floyd and his team are some of the best people! I was able to get a second opinion from them on legal advice. His team has been honest, kind, and very informative which has … More been a huge blesssing.
  • Avatar Jose Penaloza ★★★★★ 4 months ago
    I highly recommend John T. Floyd Lawfirm. They are truly knowledgeable and willing to go the extra mile to defend your innocence. Psalms 35
  • Avatar Yizheng Tu ★★★★★ 4 months ago
    Outstanding!Professional knowledge. Rich experiences. Good outcome.
  • Avatar Arslan Tajammul ★★★★★ 4 months ago
  • Avatar DjKaycee Moflava ★★★★★ 5 months ago
    The best lawyer I ever encounter with a very good personality. He’s very professional and he will go far and beyond for his clients best interest. He’s definitely a 5 star attorney … More when it comes to delivering. I couldn’t be more happier that I hired him !! 👏👏👏👏
  • Avatar Gloria Smith ★★★★★ 5 months ago
  • Avatar Yoli ★★★★★ 5 months ago
    I can honestly say from what I have seen so far, Floyd is a compassionate soul who cares for his client's. Floyd is by far very knowledgeable in this area. He's currently … More assisting my [Father] on a sex assault. We are all suffering so much as my father is an elder man, but we have faith in God, and Mr. Floyd he can dismissed this outrageous allegation soon. Thank you, yoli
  • Avatar Abdulkadir Issa ★★★★★ 9 months ago
    I had wonderful experience with this law firm. They were so helpful and knowledgeable of the process.my case was dismissed because of Mr John T Floyd,thank you for everything .
  • Avatar Rashid Ibrar ★★★★★ 9 months ago
    I am very happy today my case dismissed God bless Mr John T Floyd very good lawyer thanks you so mush sir
  • Avatar Susan McDaniel ★★★★★ 10 months ago
    I had a great experience with this Law Firm, the kind staff helped me locate a Lawyer even though they were unable to take my case.
    They were very helpful, kind and returned my call
    … More in a timely manner. I would definitely recommend them and use them in the future.
  • Avatar Mahmoud Abdelwahed ★★★★★ a year ago
    I can tell that Jone is an excellent attorney in Houston. Personally, he is a great man. In addition to great service and amazing results. Recommended
  • Avatar Mr. K ★★★★★ a year ago
    Mr. Floyd is an incredible attorney and human being. He cares about your case, the facts, the law, and your life! I am sorry for whatever situation you are going through, but choosing … More Mr. Floyd, his firm, and their professional experience to help you, will be the best decision you ever make!
  • Avatar Domenique Cary ★★★★★ a year ago
    John T Floyd is a straight shooter! He was very direct and responsive to my phone calls and questions. I was in awe of his knowledge, and professional decorum! The best decision that … More you could make is to schedule a consultation with him before considering anyone else!
  • Avatar Eugene Guy ★★★★★ a year ago
    I asked the Law Office of John T. Floyd a very important question regarding the legal aspects of purchasing a firearm with a deferred adjudication charge. They answered the question … More very professionally and accurately and I was quite pleased with the information that was shared. I recommend this law firm because they are very honest and will work for you and with you.
  • Avatar Mark J ★★★★★ a year ago
    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.
  • Avatar Pat Garner ★★★★★ a year ago
    John & Chris helped my family member get a reduced charge and acceptable plea agreement in place. Their compassion, attention to every detail was what helped carry the day.Truly … More the best of the best.P
  • Avatar Summer A ★★★★★ a year ago
    Mr. Floyd is both ethical and loyal to his clients; two qualities that are hard to find specially in lawyers. I'd definitely recommend him to anyone.Positive
    Professionalism …More
    … More
  • Avatar Abdulraouf Haj ★★★★★ a year ago
    Mr. John was very helpful and truly was the reason why my case was dismissed. Thank you so much Mr. John I truly recommend everyone in need to work with him.
  • Avatar Hope Fischer ★★★★★ a year ago
    His service to the community and diligence to helping his clients speaks for its self! Not to mention the many articles, papers and TV appearances that speak to his intellect
  • Avatar Faisal Mahmood ★★★★★ a year ago
    John has given Excellent service and have been very friendly and extremely helpful to us. I highly recommend this law firm
  • Avatar Mohammed Nabulsi ★★★★★ a year ago
    This law firm is diligent, responsive and succeeded in getting my case dismissed. 10/10 would recommend.
  • Avatar Anthony Stark ★★★★★ a year ago
    super knowledgeable, good attitude, would definitely recommend him
  • Avatar Lloyd Kirby ★★★★★ a year ago
    Very helpful, knowledgeable and honest.
  • Avatar Tarek Zaghloul ★★★★★ 2 years ago
    John is an amazing person and lawyer who is actually very understanding of how anxious I got and although it was hard to reach him sometimes because of his schedule, but never worry … More he is on top of things. He is very organized, very smart. I had the experience to go through a trial with him, and he always plans ahead well and is actually open and receptive to any ideas and comments I had and he was quick to decide which is right to use at the moment. I really appreciated working with him and Chris. Great lawyers and great people. As I was reminded by John, I am adding that the Jury reached a not guilty decision on the original charge and on a lesser charge in just 25 minutes. It took more time to write the charge and instructions for the jury than it took them to reach a decision.
  • Avatar Anya Palapa ★★★★★ 2 years ago
    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.
  • Avatar Joffre Cross II (Jeff) ★★★★★ 2 years ago
    Although I am not a client, John Floyd contacted me the same day I sent an email requesting advice, answered my questions and even when further to assist with my issue and communicated … More with me the next day. A true credit to his profession and I can only imagine how well he provides services to his actual clients!
  • Avatar jeannette young ★★★★★ 2 years ago
    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.
  • Avatar 9salmon ★★★★★ 2 years ago
    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.
  • Avatar Ken R ★★★★★ 2 years ago
    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
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Jeff Vaughn ★★★★★ 2 years ago
    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.
  • Avatar Reginald Bell ★★★★★ 2 years ago
    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.
  • Avatar Debby Griffin ★★★★★ 2 years ago
    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
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Gabriela ★★★★★ 2 years ago
    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.
  • Avatar Randy Rich ★★★★★ 2 years ago
    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.
  • Avatar Robert Robinson ★★★★★ 2 years ago
    I have been calling to get some legal advice pertaining to gun rights. A few legal offices would not even take my call because quote " your not a client and Im losing money. … More I I called John T. Floyd Law Firm and they were not only able to answer my question, but gave great detail information, and further elaborated on their answer. I hope I do not have to use them in the future, but if I do need to, they will be my first call.
  • Avatar Tyler Barr ★★★★★ 2 years ago
    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
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Clint B ★★★★★ 2 years ago
    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.
  • Avatar Huey B ★★★★★ 2 years ago
    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 ⭐️.
  • Avatar Ben Blackman ★★★★★ 2 years ago
    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
    Responsiveness, Quality, Professionalism
    … More …More
  • Avatar Manny Figueroa:: ★★★★★ 2 years ago
    Very helpful highly recommended for any Question / case will definitely keep he's name and number for any other legal advice
  • Avatar Rosalinda Garcia ★★★★★ 2 years ago
    Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
  • Avatar Cord Ary ★★★★★ 2 years ago
    One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
    Quality …More
  • Avatar William Shaw (Bill) ★★★★★ 2 years ago
    Im impressed. This guy was polite and professional and most important...he listened.
  • Avatar Mohammed Masood ★★★★★ 2 years ago
    Good experience and very good lawyer
  • Avatar Joseph Floyd ★★★★★ 2 years ago
  • Avatar Arsalan Safiullah ★★★★★ 2 years ago
  • Avatar Elvis Maldonado ★★★★★ 2 years ago
    Positive
    Responsiveness, Quality, Professionalism, ValueMore
  • Avatar Tylor St. Clair ★★★★★ 3 years ago
    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!
  • Avatar Andrew Vo ★★★★★ 3 years ago
    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.
  • Avatar Banning Lary ★★★★★ 3 years ago
    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!
  • Avatar Larry Green ★★★★★ 3 years ago
    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.
  • Avatar Jackie Cohen ★★★★★ 3 years ago
    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 😊
  • Avatar It’s Me ★★★★★ 3 years ago
    He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
    Responsiveness, Professionalism …More
  • Avatar I’m Home ★★★★★ 3 years ago
    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.
  • Avatar Tad Nieschwietz ★★★★★ 3 years ago
    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
    Responsiveness, Quality, Professionalism,
    … More Value …More
  • Avatar Maher Abbara ★★★★★ 3 years ago
    Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
  • Avatar Thomas McLaughlin ★★★★★ 3 years ago
    Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
    Responsiveness, Professionalism …More
  • Avatar Zarrie Adkins ★★★★★ 3 years ago
    He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
    Professionalism …More
  • Avatar Keisha Gaches ★★★★★ 3 years ago
    He was very truthful and honest with us very great man I would recommend him and we would use him again
  • Avatar Samyra Carrasquillo ★★★★★ 3 years ago
    Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Raul Perez ★★★★★ 3 years ago
    I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
    Responsiveness, Quality, Professionalism, Value …More
    … More
  • Avatar Johnny Johnson Jr ★★★★★ 3 years ago
    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
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Dana Adkison ★★★★★ 3 years ago
    I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
    Professionalism …More
  • Avatar Crecencio Fabian ★★★★★ 3 years ago
    He explained my case better then any other lawyerPositive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Barry Lewis ★★★★ 3 years ago
    Very informative
  • Avatar Ismael Flores ★★★★★ 3 years ago
  • Avatar Haley Danielle Lummus ★★★★★ 3 years ago
  • Avatar Eddie Villarreal ★★★★★ 3 years ago
  • Avatar Neil Productions ★★★★★ 4 years ago
    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.
  • Avatar S A ★★★★★ 4 years ago
    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🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    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.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    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.
  • Avatar calvin robinson ★★★★★ 4 years ago
    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
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    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.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    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
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    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
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    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
    Professionalism …More
  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
    Professionalism …More
  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    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!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    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.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    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!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    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!
  • Avatar GM ★★★★★ 8 years ago
    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.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    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
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    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.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

Request A Confidential Consultation

Fields marked with an * are required

"*" indicates required fields

I Have Read The Disclaimer*
This field is for validation purposes and should be left unchanged.

Our Location

Copyright © 2024 John T. Floyd Law Firm • All rights reserved.