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THE CONTINUING SAGA OF THE WRONGFULLY CONVICTED
Factors Contributing to Wrongful Convictions and Unjust Imprisonment
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
In a March 16, 2009 article (“Cold Shoulder from Lubbock Officials in Cole Case”), we wrote extensively about the tragic wrongful conviction of Timothy Cole. A military veteran and college student, this son of a school teacher and Bell Helicopter manager was convicted in 1986 for the December 1985 rape of a Texas Tech student in Lubbock, Texas. Despite vigorous protestations of innocence from Cole and his family, Cole was convicted and sentenced to 25 years in prison where he died fourteen years later.
In February, state district judge Charles Baird indicated from the bench that Cole had been wrongfully convicted after DNA evidence established his innocence and pointed the finger of guilt at another convicted rapist already housed in the Texas prison system for several other Lubbock rapes. On April 7, 2009, Judge Baird made his February finding official and formally ruled that Cole had been wrongfully convicted. That ruling made Timothy Cole the first person in Texas history to be exonerated posthumously by DNA evidence.
Cole’s family recently met with Texas Gov. Rick Perry to request a posthumous pardon. All indications are that the governor will honor the request.
“When we started this back on September 26, 1986, when Tim was convicted, we knew this would not be a sprint race,” Cory Session, Timothy’s brother, recently told AP writer Jeff Carlton. “It was going to be a marathon. Here we are a quarter of a century later.”
The Timothy Cole case is the tip of an iceberg in the state’s terribly flawed criminal justice system. Texas has wrongfully convicted more people than any other state in the country. The number as of this posting is 39. The Justice Project, in a report titled “Convicting the Innocent: Texas Justice Derailed,” recently pointed out that these individuals served more than 500 years for crimes they did not commit. The report found that “because DNA evidence is only available in a fraction of cases, the wrongful convictions described in this report are only the beginning. There are many other wrongful convictions that have been cleared without the benefit of DNA.”
The Justice Project pointed out that while several of the 39 DNA exonerations involved intentional misconduct, “inadvertent error” was the “more common” reason for the convictions. We do not fully subscribe to the “inadvertent error” explanation for wrongful convictions. We agree more with Innocence Project of Texas’ chief counsel Jeff Blackburn, who secured Timothy Cole’s DNA exoneration: “There’s never been a serious effort at a judicial examination of what went wrong in one of these cases. Our view is this is a huge step forward [Judge Baird’s ruling], and this ought to happen in every single exoneration. We ought to treat these exonerations like we treat a plane crash. It’s a big deal. We’ve gotten so accustomed to false convictions in Texas that we just shrug our shoulders and say, ‘Oh well.’”
We take the issue a step further. We believe there should be criminal liability—or at the very least professional accountability—for law enforcement officials, prosecutors, and even criminal defense attorneys responsible for intentional “misconduct” that leads to a wrongful conviction. It is not enough to identify “what went wrong.” The Texas criminal justice system must have the moral courage and legal fortitude to prosecute, convict, and send to prison those dirty cops who fabricate evidence against criminal suspects and prosecutors who knowingly use perjured testimony—especially from “jailhouse snitches”—in order to convict them. Further, defense attorneys who fail in their duty to adequately defend their clients should be investigated and appropriately sanctioned by the State Bar of Texas.
The deliberate conviction of an innocent person is more than “misconduct.” It’s a crime! Pure and simple.
The Justice Project listed the following factors that contributed to the wrongful convictions of the 39 individuals named in its report:
Eyewitness Misidentification – the leading factor in the wrongful convictions. The majority of these misidentifications occurred in either a photo or live lineup. “Suggestive” police lineup have no place in our criminal justice system. Photo spreads and lineups should be conducted in double blind, sequential manner so as to minimize inadvertent suggestive cues and false positives.
False Forensic Testimony – the reliance upon unreliable or limited forensic methodologies such as microscopic hair comparison or serology inclusion.
Testimony of Jailhouse Snitches or Accomplices – both of whom have a tremendous incentive to lie.
False Confessions and Guilty Pleas – unrelenting custodial interrogations and the threat of harsh sentencing prompt innocent persons to confess and even plead guilty to crimes they did not commit.
Suppression of Exculpatory Evidence – the Dallas and Harris County District Attorneys Office have a long history of engaging in this type of “prosecutorial misconduct.” Dallas County has had more DNA exonerations than any other county in the nation. Both counties now have “reform minded” district attorneys who have demonstrated that they will not tolerate such misconduct by their assistants.
Ineffective Assistance of Counsel – The Houston Chronicle reported last month that procedural errors by court-appointed attorneys resulted in six men being executed in Texas without their cases being reviewed by federal courts. Lack of funding and case overload contribute to these appointed counsel errors but egregious errors by defense attorneys that result either in the untimely execution a condemned inmate or the wrongful conviction of an innocent person should be dealt with severely by the State Bar.
Investigative and Prosecutorial Tunnel Vision – locking in on a particular suspect when the evidence is circumstantial at best and staying locked on that suspect even after exculpatory evidence is discovered.
The Justice Project said the last two factors were the most difficult to identify and quantify. The Project did not attempt to measure these two factors with specific examples but rather elected to “briefly address” them as follows:
“There is no question that the most fundamental and important protection against wrongful conviction is access to a qualified defense attorney. With appropriate investigative and expert resources, defenders can meaningfully test the evidence against their clients and argue an effective line of defense. In practice, defenders frequently go without these much-needed resources and may often lack training, skills, and support—all factors that put innocent defendants at risk.
“Tunnel vision refers to a normal psychological tendency to seek information that fits a theory or belief and causes one to discount or ignore information that does not fit within that theory or belief. While investigators and prosecutors must eventually commit to the theory of who is responsible for a crime, too often this commitment to a theory premature in the investigative process, and important leads or information are either rejected or simply ignored.”
We must take issue with the Justice Project on these two factors. They are not as difficult to identify and measure as the report suggests. It is evident when ineffective assistance of counsel has contributed to a criminal conviction. It is also evident when lack of resources and expert resources set the stage for the ineffective representation. Even under the restrictive U.S. Supreme Court guidelines governing ineffective assistance of counsel claims, appellate courts have found numerous instances where counsel’s deficient performance so prejudiced the defendant that a reversal of his/her conviction was required.
With respect to the “tunnel vision” factor, the John T. Floyd Law Firm has had personal experience over the last nine months with this very issue. The firm won two acquittals at separate trials of a client charged with serious sexual offenses. The two charges never should have been presented to a jury. In fact, one juror was so offended following the first acquittal that she suggested in comments to the Houston Chronicle that the prosecutor should have been jailed. Had this client not had the funds to hire a qualified law firm in this area of the law, he could have been wrongfully convicted. The prosecutor zeroed in on this particular defendant with what could be classified as an extremely circumstantial case at best, and was so upset after the first acquittal that the prosecutor chose to go to trial on a second charge which was far more problematic than the first charge.
The bottom line comes down to this: either criminal liability or professional accountability for those whose actions, or failures to act, result in the wrongful conviction of an innocent person. Beyond these suggestions, we agree with the Justice Project’s conclusion that wrongful convictions threaten public safety. The report specifically stated:
“Considering the devastating consequences of even one of these injustices, it is clear that all reasonable steps to prevent wrongful convictions must be taken. The injustice endured by an innocent person whose most basic liberty is denied cannot be overstated. The nightmare of an unjust imprisonment ruins lives and destroys families. For the innocent, prison is a terrifying ordeal few can even imagine.
“Beyond the personal cost to those wrongfully convicted and the millions of dollars spent re-investigating cases and paying compensation, there is another price we all pay—true perpetrators go un-investigated and unpunished, putting public safety at risk. In each of these innocence cases, a criminal investigation into a serious violent crime was shut down prematurely when authorities prosecuted the wrong person.”
These is a significant cost/risk finding, especially since of the 223 persons exonerated by DNA in this country, only 91 (or 39%) of the real perpetrators were identified by the DNA evidence. That means 132 guilty individuals are probably still out there committing even more crimes. That’s a scary thought.
SOURCE:
The complete Justice Project report can be found at:
http://www.thejusticeproject.org/convicting-the-innocent/
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
Take the first step toward protecting your freedom by contacting us now
Testimonials
John T. Floyd Law Firm
3730 Kirby Drive # 750, Houston
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I 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
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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
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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!
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I’ve never been one to write reviews but this time I couldn’t pass up the opportunity to say something. I had some serious legal questions I needed answers to concerning Texas laws. … More Being I’m from another state, I found and reached out to Attorney John Floyd for the answers. Mr Floyd listened to to my requests and told me what he need from me and went out of his way to get me the answers. Very polite, straightforward and professional, I can’t thank him enough for all he’s done. Whatever your legal case may be, I wouldn’t hesitate to recommend Mr Floyd.
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Mr. Floyd is both ethical and loyal to his clients; two qualities that are hard to find specially in lawyers. I'd definitely recommend him to anyone.Positive
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Mr. John was very helpful and truly was the reason why my case was dismissed. Thank you so much Mr. John I truly recommend everyone in need to work with him.
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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
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John has given Excellent service and have been very friendly and extremely helpful to us. I highly recommend this law firm
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This law firm is diligent, responsive and succeeded in getting my case dismissed. 10/10 would recommend.
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super knowledgeable, good attitude, would definitely recommend him
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Very helpful, knowledgeable and honest.
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John is an amazing person and lawyer who is actually very understanding of how anxious I got and although it was hard to reach him sometimes because of his schedule, but never worry … More he is on top of things. He is very organized, very smart. I had the experience to go through a trial with him, and he always plans ahead well and is actually open and receptive to any ideas and comments I had and he was quick to decide which is right to use at the moment. I really appreciated working with him and Chris. Great lawyers and great people. As I was reminded by John, I am adding that the Jury reached a not guilty decision on the original charge and on a lesser charge in just 25 minutes. It took more time to write the charge and instructions for the jury than it took them to reach a decision.
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Highly recommend John T Floyd law firm, great response time and demeanor.I was researching an on-going criminal case, when I found an informative article written by John Floyd (about … More the perils of expert testimony). I called his office, and was very pleased to receive a timely call back. Not only was Mr. Floyd candid and helpful, but he had the kindest demeanor of any attorney that I've dealt with. I am so glad to have found this firm.
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Although I am not a client, John Floyd contacted me the same day I sent an email requesting advice, answered my questions and even when further to assist with my issue and communicated … More with me the next day. A true credit to his profession and I can only imagine how well he provides services to his actual clients!
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I give Mr. Floyd 10 Stars if they were available so I'm giving him five that's all that's available. The first time I left a message for him it was on a Friday after … More 5 p.m. and within 15 minutes he called me back I told him I needed to buy a lotto ticket because that has never happened. I knew from our chat and him calling me back that he was different from any attorney I've tried to talk to left messages never got called back they didn't even know what I needed and neither did Mr. Floyd but he did call me back. I was very interested in meeting with mr. Floyd about my case because I felt he was very transparent honest and genuine. If you've ever dealt with attorneys they don't have those traits but Mr. Floyd does. He was very honest with me told me what I could and could not do with my case. He is not egotistical he's very compassionate and he actually reads the documents you sent him unbelievable that's never happened. He will be the only lawyer I refer to anyone that needs his expertise. If you're in need of a criminal defense attorney please give John T Floyd a call you will not be disappointed.
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Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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John Floyd Law Firm is highly recommended for your legal needs. He and his staff are highly professional in every aspect. Easy and comfortable feeling talking with him, and he understands … More your needs and explains your legal advice in a way you can understand. Enough just cant be said. Thank You Sir.Positive
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John was kind enough to assist me with legal advise on my firearm gun rights restoration. I highly recommend him and his firm. Very professional and knowledgeable. If I need assistance … More in the future I will definitely go back to him.
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What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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John T Floyd handled my sons case & got a dismissal for us! He is great to work with, gets back to you promptly & knows what he’s doing. Definitely one of the best we have had … More to deal with!Positive
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
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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.
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Great lawyer! Needed some advice and gave me a Consultation, and advice for steps to take, without any hassle l, Was a honest guy and actually wanted to help me and not just take my … More money! Highly recommend!!Positive
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Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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Highly recommend, down to earth lawyer. Talked to me about my legal issues without being super money hungry and genuinely wanted to help me with my legal problems. 5 stars ⭐️.
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Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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Very helpful highly recommended for any Question / case will definitely keep he's name and number for any other legal advice
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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Im impressed. This guy was polite and professional and most important...he listened.
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Good experience and very good lawyer
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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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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If you are in trouble and need a lawyer, contact the John T. Floyd law firm. Some of the best lawyers in Texas work there! Understanding and helpful lawyers and staff that will do all … More they can to help you 😊
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He 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
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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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