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Trial Victory Illustrates Tragedy of False Allegations
Child sexual abuse allegations are some of the most difficult cases our criminal justice system faces—especially for the defense attorneys who defend against them, the prosecutors who try them, and the judges who preside over them. Laurie Shanks, Clinical Professor of Law at Albany Law School, put it this way: “Judges, prosecutors and defense attorneys must all learn to deal with the unique challenges presented by cases involving allegations of sexual abuse so that the innocent are protected, whether those innocents are the children, the accused, or both.”
One of the most devastating, if not the most devastating, life events is for a person to be falsely accused of any sort of child sexual misconduct. The moment the allegation is made, a vicious stigma of guilt attaches, and will forever scar the accused’s life, regardless of a jury acquittal, a prosecutor’s dismissal of charges, or a recantation of the charges by the false accuser.
False Allegations of Sex Assault, Divorce and Child Custody
A quiet, often unspoken, social tragedy occurring daily in this country is the increasing number of false child sexual abuse allegations being made in bitter divorce proceedings, especially those involving contentious child custody disputes. These kinds of allegations are being made by angry spouses determined to secure a greater portion of the marital assets, sole custody of the children or as vindictive punishment to the other spouse.
The first thing a falsely accused person in a child sexual misconduct case must do is hire an experienced criminal defense attorney to defend against the allegation.
To impart the reality of just how the accused person’s life has suddenly changed, the defense attorney will advise his or her client immediately avoid children without another adult present; not to engage in any conduct with children that could remotely be considered inappropriate; and carefully maintain a positive relationship with the accused’s other children, especially when the false allegations arise out of a hostile custody dispute.
False Allegations of Child Sexual Assault
Our firm was recently retained to represent a father accused of sexually abusing his step-daughter. The abuse, according to the child, started when she was eight and continued until she was fifteen, when she out cried to her mother at a family gathering.
A good defense attorney never forms a first-look opinion about a client. He or she will listen to the client’s version of the events, paying particular attention to the facts that can be readily verified. The attorney will then simultaneously launch pretrial discovery from the prosecution and conduct an extensive fact-gathering investigation to assess the degree of innocent, or guilt.
Early into the representation of our client, our investigation convinced us that the father was innocent; that the now 16-year-old step-daughter had leveled a false allegation.
Why would a child make such a terrible allegation?
3/4 of Allegations Made During Divorce are Unsubstantiated
A 1985 study titled “ The National Study of Child Abuse ” (Smith, 1985) found that of the 1.1 million child abuse and neglect reports made to Child Protective Agencies each year at the time, some 600,000 of these could not be substantiated. A more recent 2012 study, “ Sexual Abuse Allegations in the Context of High Conflict Divorce ,” found that 40 percent of child sexual abuse allegations occur in the context of a divorce proceeding, and that in roughly 3 out of 4 of these cases, the legal system found no evidence of abuse. And a series of studies between 1987 and 1995, found that the percentage of false child sexual abuse allegations ranged from as low as 6 percent to as high as 35 percent.
In the 1970s and 1980s when child sexual abuse allegations became more prominent in American society, there was a general reluctance in the criminal justice system to accept the allegations as true.
Flood of Unfounded Reports of Abuse
In 1974, Congress passed the Child Abuse Prevention and Treatment Act which established the National Center on Child Abuse and Neglect (NCCAN). A decade later, NCCAN’s first director, Douglas Besharov, said that “we now face an imminent social tragedy: the nationwide collapse of child protective efforts caused by a flood of unfounded reports.”
But, as Professor Shanks pointed out, “the pendulum has swung from a reluctance to believe any charge made by a child against an adult to a non-reflective embrace of every accusation made, no matter how implausible or fanciful.”
And that is precisely what happened in the case of our client.
Anatomy of a False Allegation
Our client and his wife were experiencing serious and heated marital problems, with divorce becoming the most likely solution. The daughter, who had a history of lying and fabrication, was acutely aware of the increasing tension between her parents. At the time she made the allegations, the teenager was also experiencing emotional tension with a boyfriend who wanted to break off their relationship.
It was during an angry encounter with the teenaged boyfriend that the stepdaughter made her first outcry about being sexually abused by our client. The boyfriend demanded that the stepdaughter “report” the abuse. She resisted. The boyfriend finally gave her an ultimatum: the stepdaughter either report the abuse or he would.
A short time later, during a dinner engagement, the stepdaughter told her mother and grandparents, on her mother’s side of the family, about the abuse. The mother and grandparents made an initial decision not to do anything until they could “figure out” how to deal with the allegations and plan about how to proceed. Despite their legal obligation to report the alleged criminal sexual abuse of their child to law enforcement, the mother and her parents waited three weeks before they spoke to an attorney about the abuse. The attorney promptly reported the allegation to the proper authorities.
A criminal investigation was launched.
Tunnel Vision Prevents Thorough Investigation
A detective was assigned to the case. She immediately pursued a classic “tunnel vision” investigation directed against our client. Professor Shanks pointed out that the pendulum shift in the criminal justice system that now accepts child sexual abuse allegations as automatically true “has not been lost on police officers. In many cases involving young children who make allegations of sexual abuse, the police disregard their trainings and make arrest based exclusively on the words of the child, without confirming whether the story makes sense, whether it can be corroborated and whether the physical evidence is consistent with the child’s account.”
Protocols for Investigations
The generally accepted protocols for investigating child sexual abuse allegations include: 1) child interview, 2) medical exam, 3) non-offending parent interview, 4) interview with alleged offender, and 5) risk assessment.
The investigator in our case did not adhere to these protocols. She never interviewed our client. By failing to do so, the investigator, especially by being a woman, raised a legitimate question about gender bias against our client—or, as we said, it could have been that she simply operated under the widely discredited “tunnel vision” law enforcement investigation technique.
Whatever the reason, the failure to interview our client certainly indicated an assumption of guilt; and once the arrest was made, there was a presumption of guilt by both the detective and the prosecutor, who was also a woman. They arrested our client and then attempted to build a case of guilt against him.
Flawed Police Investigation
The detective had the authority to obtain a warrant and search all the premises where the sexual abuse allegedly occurred for any physical evidence. She could not operate on the premise that there was no physical evidence since the alleged abuse occurred over a protracted period. A search should have been done for biological or other physical evidence to corroborate the allegation. There were also electronic devices at the family residence that should have been seized and forensically examined for supporting evidence. No attempt was ever made to search for actual evidence of the crime, other than the child’s statement.
The purpose of a law enforcement interviews in child sex cases is this: the investigator seeks more information regarding the allegations, tries to assess the quality of the family relationships, and tries to understand the causes of the alleged abuse. These interviews also give an investigator a road map of what kind of evidence may exist and where to search.
Importance of Complete Investigation
Going into such an interview with an accused, the investigator must understand that there is a possibility that the suspect may provide information that refutes the allegation or, as often happens, corroborates to the offense. A professional investigator will never turn away from an opportunity to secure an admission of guilt.
While the investigator may enter an interview with a suspect having attached credibility to the allegation made against him, the investigator knows (or should know) that there are cases where an accused can provide a reasonable explanation contradicting the child’s allegations.
In our case, had the investigator understood the family dynamic, she could have worked under the investigatory premise that the mother and/or the victim had a vested interest in concealing certain information and/or presenting themselves in a favorable light. Thus, it would be essential to a complete investigation to gather additional information from other sources, including other family members (such as both sets of grandparents), the family’s informal social network and friends, and any past professional counseling the mother and/or daughter had undergone. To do no investigation at all is inexcusable, especially given that our client was facing life in prison.
Flawed Police Investigation in Child Sex Abuse Allegation
In effect, the criminal prosecution against our client began with a flawed law enforcement investigation and was presented to a jury only after the prosecutor had intensely coached the stepdaughter/victim about what exactly to say to the jury and how to say it.
Yet, despite all this pretrial “preparation,” the victim was caught in a number of inconsistencies and lies on the witness stand. The jury could not reach a verdict. The judge declared a mistrial.
The prosecutor, realizing that she could not correct the alleged victim’s lies and fabrications, dismissed all charges before a retrial could take place. Our client was facing possible incarceration for the remainder of his life, he is now a free man with a stain on his good name.
Tragedy Rocks Family
The end result of this social tragedy is this: two families have been torn apart; our client’s relationship with his son has been severely damaged, perhaps irreparably; and our client must now live the rest of his life with a red scarlet letter attached to his back.
The old saying “you can’t un-ring the bell” applies here.
We embrace an observation made by Professor Shanks:
“The challenges of child sexual abuse cases make it difficult to obtain justice for true victims while also protecting the accused from wrongful convictions. The stakes are incredibly high for both the alleged victim and the accused. For the accused, the mere accusation of sexual misconduct with a child may lead to financial devastation, job loss, family destruction and social and professional ostracism. For the child who was not in fact abused, the repeated retelling of fabricated and salacious story can turn an otherwise unharmed child into a victim…”
Our client’s case should never have been indicted, much less reached a jury. A complete and thorough investigation should have caused serious questions in the minds of both the investigator and prosecutor. While we believe that our client was falsely accused of this terrible offense, and we are thankful that a jury’s inability to reach a verdict convinced the prosecutor to dismissed the charges, the fact that is that these allegations have damaged his life and the lives of his family members. That bell cannot be un-rung.
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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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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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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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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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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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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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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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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