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TRAGEDY IN NEWTOWN: VIOLENCE IN AMERICA

Dec 29 2012
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The Response to Mass Killings Stirs Debate
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

In the wake of the December 14, 2012 shooting massacre in Newtown, the national news media has presented Connecticut as an idyllic place to live with a minimum crime rate. Newtown itself was called one of the safest places in America to live. There is some merit in this reporting. The U.S. Census Bureau reported that in 2006 Connecticut ranked 37th in violent crimes in America. Compared to Southern states, where violence is rooted in its culture as eloquently documented by W.J. Cash in his In the Mind of the South, Connecticut could be considered a safe place to live. For example, two of the five Deep South states rank in the top five of the most violent states: South Carolina (1) and Louisiana (5). Furthermore, Connecticut is safer than all the Southern states, two more of whom rank in the top five: Tennessee (2) and Florida (4).

But no matter where you live in America, an examination of the 2009 Census Bureau statistics clearly reveal that Americans are extremely (and tragically) violent towards each other. In 2009 alone, 13,756 human beings were willfully murdered in America. In fact, Americans kill more of each other with their hands, feet, clubs, and hammers (815) than are murdered in England on any given year (640). Why, as a people, do Americans kill so casually? Below are some examples:

  • Romantic triangles (89)
  • Brawls committed under influence of alcohol (211)
  • Arguments related to property and/or money (205)
  • A host of other types of arguments (3,368)

These Homicides are classified as occurring in circumstances “Other than felony,” meaning murders for absolutely no good reason, except perhaps a fleeting “rage” or “feel good” sensation at the moment by the killer.

But Americans are also proficient at killing each other when it comes to greed, the desire to forcibly take something of value from someone else. For example:

  • Rape (20)
  • Robbery (858)
  • Burglary (110)
  • Larceny-theft (13)
  • Carjacking (23)
  • Arson (28)
  • Prostitution/Commercialized vice (6)
  • Other sex offenses (10)
  • Narcotics (495)
  • Gambling (5)
  • Other unspecified felonies (469)
  • Suspected felony type (59)

As a matter of fact, the Census Bureau reported that in 2009 Americans killed each other 2,051 times during the commission of a felony while killing each other three times as much in non-felony situations (6,803).

And Americans do not discriminate against whom they kill. In 2009 they killed 12,383 people 18 years of age or older and 1,363 under the age of 18. Below is a list of those under-18 homicides:

  • Years 1-4: male (163), female (142)
  • Years 5-8: male (35), female (39)
  • Years 9-12: male (35), female (35)
  • Years 13-16: male (317), female (81)

And you know what is so tragic about these young people being killed? According to the American Anthropological Association, more than 200 women kill their children each year in the United States, and three to five children are killed each day by their parents. According to the FBI, parents are responsible for 57 percent of all the homicides of children under the age of 5 with women being responsible for about 50 percent of those murders. And it is generally conceded that a significant number of homicides of children go uncounted.

So while the nation grieves, and rightly so, for the 20 innocent children killed in the Sandy Hook Elementary School in Newton on December 14,there is scant grief for those hundreds of children killed each year in this country by their own parents. Why? We suspect that the American media generally ignores isolated individual murders and focuses of mass killings because their scope and senselessness still grabs attention, even by those normally hardened by the daily violence in their lives.

And perhaps this explains why children in America have developed a taste for homicide themselves. During the two-year period, 1990 and 2000, some 3,240 children were convicted of murder in the United States; and as of June of 2012, there were some 2000 juvenile offenders serving life without parole for murder in this country. It can be fairly said that many of these children were taught to kill by their parents, just as Adam Lanza was taught to kill by his mother Nancy.

But since the Newtown massacre, the public debate about why and how the slaughter was committed has focused on two primary issues: gun control and mental health. Again, what do the numbers illustrate on these issues? Of the 13,756 murder committed in the United States in 2009, the following methods were used to kill the victims:

  • Handguns (6,503)
  • Rifles (352)
  • Shotguns (424)
  • Firearm type not reported (1828)
  • Other firearm type not specific (96)
  • Knives or cutting instruments (1836)
  • Blunt objects (623)
  • Personal weapons—hands, feet, pushed, club, hammer—(815)
  • Poison (7)
  • Explosives (2)
  • Fire (98)
  • Narcotics (52)
  • Drowning (8)
  • Strangulation (122)
  • Asphyxiation (84)
  • All other (905)

While the number of murders committed with firearms far exceeds murders with all other devices combined, there is nothing in the numbers alone that support either the similarly extreme gun control or gun possession positions. For example, more people were killed by shotguns (424) than rifles (352)—some of which would certainly include military assault-type weapons like the ones used in the Aurora and Newtown massacres. In fact, twice as many Americans were killed by knives (1836) than were killed by both rifles and shotguns (776). While there are good, sound reasons for debating the ban on semi-automatic weapons and their rapid-fire ammunition clips, we believe that human behavioral control is probably a more pressing issue for legislative discourse than the divisive issue of gun control.

This brings us to the issue of mental health. To say that Adam Lanza, James Holmes, and Jared Loughner had “mental health” issues would be a classic understatement. In the weeks and months prior to their horrific mass shootings/murders, it was clearly evident to people around them that the three men were spiraling out of control in the real world. Yet none of these people reacted in any meaningful way to intervene or report the three men’s deteriorating mental conditions.

It has been reported that in 2009 there were an estimated 45.1 million adults 18 or older in the United States who suffered from some sort of mental issues. That same year there were nearly 550,000 “mentally ill” persons on criminal probation in the community and another 35-50 percent of the nation’s 2 million-plus prison population suffered from serious mental problems—many of whom have since been released and most of the rest who will also be released. While we acknowledge that most mass shooters in this country did not have “criminal records” and three out of four were able to obtain their weapons legally, the decision by lawmakers, at both the state and federal level, to either cut funding or refuse to provide funding for mental health services in the general community (not to mention the prison community) creates a situation where many non-criminal but violent people (as well as those actually convicted of violent crime) can walk around not only untreated but undetected as well. Thus, psychological background checks cannot in any meaningful way prevent someone with severe mental health problems from legally purchasing a firearm of any sort in this country.

Mental health professionals will say that most mentally challenged individuals never commit a crime, particularly a violent one. Although those assertions are true, they are misleading at best and disingenuous at worst. TheNational Reviewreported on December 17, 2012, that as of 2002, “about 26,000 inmates in state prisons across the United States who were convicted of murder were also mentally ill.” Though not reported in the conservative magazine, it is common knowledge among mental health professionals working in the nation’s prison systems that “mentally disturbed” inmates—especially those suffering from schizophrenia (the same mental affliction suffered by many mass shooters—are responsible for a disproportionate number of the violent attacks in prison, including incidents of self-mutilation and suicide. Violent paranoia and schizophrenia are as common in the prison community as heart disease in the free community, while treatment of these mental disorders is as scarce as treatment for polio is in the free community.

What is the answer then?

In the short term, civil commitment seems to be the favorite option. Four out of five states, as well as the federal government, have laws that allow for the civil commitment of “sexually dangerous” persons who are mentally ill and who pose a threat to others. We have in the past railed against these laws, and will continue to do when the situation demands it. But if our society, and the lawmakers who enact the laws designed to protect our society, can accept civil commitment of diagnosed dangerous sex offenders as a way of protecting the general community from possible future sex predation, then the same can be done against those who have been diagnosed with mental health problems that make them a threat to others and themselves.

TheNational Reviewcited the work of Professor Stephen P. Segal who recently examined state-by-state murder rates and mental health services which resulted in the publication of a report titled “Civil Commitment Law, Mental Health Services, and U.S. Homicide Rates.” Professor Segal’s study found that “less access to psychiatric inpatient-beds and more poorly rated mental health systems were associated with increases in the homicide rates of 1.8 and 0.26 per 100,000, respectively.” The stark reality, as concluded by Professor Segal, is that there is a significant difference in the homicide rates of states that have stronger “involuntary civil commitment (ICC) laws” than those with weaker such laws. The states with stronger ICC laws had 1.42 less homicides per 100,000. Translated, that means that states that have strong ICC laws and use them have “roughly a third less murders” than those states that are tepid about taking mentally disturbed individuals out of community circulation through involuntary civil commitment.

Our society does seem to care about either the causes or cures for mental disease, more commonly referred as “mental illness” or “mental disorders.” But we do know that it can be both life-threatening and dangerous to others as the horrific mass shootings in Newtown, Aurora, and Tucson exemplify. After going through a constitutionally-protected hearing process, individuals diagnosed with severe mental disease, making them dangerous to themselves and society, should be civilly committed just as sexual predators currently are—and any ultimate release of these individuals should depend both on their willingness to accept treatment and their response to that treatment.

Locking people up for the danger they may pose to others is offensive but not as much as allowing them to walk around in the free community waiting to explode. We certainly do not propose the widespread use of ICC laws. That would be an over-reaction to the problem of mass shootings which, incidentally, have decreased, not increased, since 1980. This according to James Alan Fox, the famed criminologist at Northwestern University in Boston. This past August Fox wrote for Boston.com that: “There is one not-so-tiny flaw in all these theories for the increase in mass shootings. And that is that mass shootings have not increased in number or in overall body count, at least not over the past several decades.”

The FBI reported that between 2006-2010 there were 156 mass murders involving at least four victims in the United States during which 774 people were killed, including 161 young children. Grant Duwe, director of research at the Minnesota Department of Corrections who has studied mass murders, said these figures do not necessarily reflect either an increase or a spike in mass shootings because they have become less common since the mid-1990s. He seemed to draw a distinction between mass murderers and mass shooters who generally target strangers. He explained with the following points carried in USA Today in its December 19, 2012 edition:

  • Lone gunmen—like Adam Lanza, James Holmes, and Jared Loughner—who account for less than half of the nation’s mass killers while one quarter of mass murders involve two or more killers.
  • A third of mass murders do not involve guns—15 incidents between 2006-2010 involved fire while 20 others involved a knife or blunt object. When guns were used, the killers were more likely to use handguns than any other type of weapon.
  • Of the 161 children killed in the mass murders during that four-year period, one in five were 12 years of age or younger.
  • And, finally, most mass murderers (unlike Lanza, Holmes and Loughner) are older than other killers—being an average age of 32.

Fox informs that between 1980 and 2010 there was an average of 20 mass murders (at least four victims) per year with a death toll of about 100. He said that while the body count sometimes “fluctuated wildly,” the number of attacks remained steady. While Fox did not say as much, some of these mass murders involved attacks at the home or in the workplace where the victims were known to the killer while others occurred during the commission of a felony (the need to eliminate witnesses, as in the William Petit family murders in Cheshire, Connecticut in 2007).

Thus, whether there is a clear distinction between Adam Lanza, who committed the mass murders in Newtown, and Steven Joseph Hayes and Joshua Komisajevsky, who committed the Petit family murders, is subject to debate. What is not open for debate is that both types of mass murderers are mentally ill (some would say evil) and should not be in the free community. Like sexually dangerous persons or legitimate suspected terrorists, potential mass murderers/shooters should be civilly committed and given treatment until we, as a society, find a better, more humane way of identifying and treating them before they visit their senseless violence on an unsuspecting public.

It pains us to reach that conclusion, but, like so many others, the need for protecting the general public, especially our children in classrooms, demands drastic remedies. Our criminal justice system has responded to career criminals with enhanced sentencing, including those infamous three-strike laws that produce often inhumane, lengthy penal incarceration. While society can never really protect itself from killings that occur in alcohol-inspired brawls or senseless killings caused by stupid arguments over spilled mustard on new shoes, it can protect itself from mentally ill individuals who pose a clear threat to others.

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
John Floyd is Board Certified in Criminal Law by the Texas Board of Legal Specialization

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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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    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 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.
  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • Avatar Crecencio Fabian ★★★★★ 3 years ago
    He explained my case better then any other lawyerPositive
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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
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  • 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

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