Board Certified Criminal Defense Lawyer in Houston, Texas

John T. Floyd Law Firm

The Kirby Mansion, 2000 Smith Street
Houston, Texas 77002
USA

(713) 224-0101 or (866) 374-1327

(713) 237-1511

www.johntfloyd.com

Contact Mr. John Floyd

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Law Firm Overview

John T. Floyd Law Firm is led by Board Certified Houston Criminal Attorney John T. Floyd. Mr. Floyd is an experienced and accomplished criminal defense lawyer dedicated to defending individuals and businesses accused of committing crimes in all State and Federal criminal courts in Houston and throughout the State of Texas.

As a criminal defense law firm, the John T. Floyd Law Firm understands the value of pre-trial investigation, pre-trial motions practice, and criminal defense trial preparation. He has qualified legal investigators and a senior paralegal staff under his direction and supervision to bring together the most comprehensive, detailed and competent research possible. The John T. Floyd Law Firm offers client’s the individual attention and personal touch of a high end boutique criminal defense firm along with significant contacts throughout the state and country to assemble a serious criminal defense team that any government prosecutor would find formidable.

The criminal defense attorneys in the John T. Floyd Law Firm take nothing for granted. Every possible detail is investigated, legally researched, and analyzed by Mr. Floyd and his staff before a specific criminal defense trial strategy is developed for the particular needs of the criminal case.

The John T. Floyd Law Firm proudly represents clients charged with serious criminal offenses before Texas and Federal courts in Houston, Galveston, Richmond, Angleton, Beaumont, Austin, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Brownsville, Mc Allen, El Paso. The law firm of John T. Floyd is located on the 19th Floor of the Lyric Centre in Houston, Texas; however, Mr. Floyd often travels to Criminal Courts across the State of Texas and to Federal Criminal Courts around the United States.

Year this Office was Established: 1994

Practice Areas

Additional Practice Areas: Bank Fraud, Conspiracy, Corporate Crimes, Corruption, Expunction, Health Care Fraud, Illegal Pornography, Indecency, Mail Fraud, Mortgage Fraud, Sentencing Defense, Tax Crimes, Terrorism, Immigration Crimes, National Security Crimes; Federal Crimes

Practice Areas Description

The John T. Floyd Law Firm’s practice includes, but is not limited to, the following types of offenses:

- Federal and State Criminal Appeals

An individual convicted of a crime has thirty (30) days in Texas and ten (10) days in Federal Court, in which to file a notice of appeal. If you wish to appeal a conviction, it is urgent that you contact a criminal appeals attorney immediately as time is of the essence. If you would like to discuss a state or federal appeal with an experienced criminal defense lawyer, contact John T. Floyd. In many cases an appeal is the improper vehicle for a defendant or prisoner to pursue relief. If you are seeking relief based upon a claim of a violation of a fundamental right guaranteed by the United States Constitution or the Texas Constitution ( ineffective assistance of counsel, double jeopardy, illegal sentences, confinement issues etc...) then you should assert such a claim by writ of habeas corpus.

- Bank Fraud

Whoever knowingly executes, or attempts to execute, a scheme or artifice: to defraud a financial institution; or to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

- Conspiracy

A conspiracy is an agreement between two or more people to join together to attempt to accomplish some unlawful purpose. It is a kind of "partnership in crime" in which each member becomes the agent of every other member. It does not matter whether or not the conspiracy was successful. The essence of the offense is that two or more persons have combined, or mutually agreed, to do something illegal.

- Corporate Crimes

On July 9, 2002, President Bush called on Congress to give the Administration new powers to enforce corporate responsibility and to improve oversight of corporate America, including: Tough new penalties for mail and wire fraud; Strengthened laws to crack down on obstruction of justice; New authority for SEC to freeze improper payments to corporate executives when a company is under investigation.

- Federal Prosecution of Business Organizations

General Department of Justice Principle: Corporations should not be treated leniently because of their artificial nature nor should they be subject to harsher treatment. Vigorous enforcement of the criminal laws against corporate wrongdoers, where appropriate results in great benefits for law enforcement and the public, particularly in the area of white collar crime. Indicting corporations for wrongdoing enables the government to address and be a force for positive change of corporate culture, alter corporate behavior, and prevent, discover, and punish white collar crime.

- Corruption

Under guidelines issued by the Office of Management and Budget, a person or firm found in violation of the Foreign Corrupt Practices Act (FCPA) may be barred from doing business with the Federal government. Indictment alone can lead to suspension of the right to do business with the government. The President has directed that no executive agency shall allow any party to participate in any procurement or non-procurement activity if any agency has debarred, suspended, or otherwise excluded that party from participation in a procurement or non-procurement activity. In addition, a person or firm found guilty of violating the FCPA may be ruled ineligible to receive export licenses; the SEC may suspend or bar persons from the securities business and impose civil penalties on persons in the securities business for violations of the FCPA; the Commodity Futures Trading Commission and the Overseas Private Investment Corporation both provide for possible suspension or debarment from agency programs for violation of the FCPA; and a payment made to a foreign government official that is unlawful under the FCPA cannot be deducted under the tax laws as a business expense.

- Computer Crimes

Computer crimes related state and federal investigations are on the rise. A computer may be the target of the offense. In these cases, the goal is to steal information from, or cause damage to, a computer, computer system, or computer network. Second, the computer may be a tool of the offense. This occurs when an individual uses a computer to facilitate some traditional offense such as fraud (e.g., a bank teller who once stole money from a cash drawer may now use a computer program to skim money directly from depositors' accounts). Last, computers are sometimes incidental to the offense, but significant to law enforcement because they contain evidence of a crime.

- Drug Crimes

Nothing, other that the Government’s "War on Terror," rivals the budget and man-power as its "War on Drugs." With thousands of law enforcement officers ranging from the local sheriff all the way to the FBI, the government makes more arrest for drug related crimes than for any other category of criminal offense. Houston Criminal Lawyer John T. Floyd III is an experienced criminal defense attorney dedicated to defending individuals and businesses accused of committing serious Drug Crimes in all State and Federal Criminal Courts in Houston, throughout the State of Texas and the United States.

- Expunction

Criminal Defense Lawyers often get call from potential clients wanting their criminal records expunged/destroyed. However, the expunction statute in Texas is very specific and applies only to records of arrest when a case against a defendant is dismissed with no probation, no billed by a grand jury, acquitted by the trial court or the court of criminal appeals or the result of identity theft. Individuals who cases were dismissed after successfully completing a deferred adjudication are not entitled to an expunction. However, they may have there criminal records hidden from public view if the criminal court issues an order of nondisclosure after the applicable waiting periods have expired. An order of nondisclosure prevents release of the information to the public but does not prevent disclosure to law enforcement and other state agencies.

- Federal Crimes

John T. Floyd is an experienced and dedicated Federal Criminal Defense Lawyer who adamantly believes in the rights of all individuals to have equality and justice under the law and vigorously fights to assure these most valuable rights are protected. John Floyd’s entire career has been dedicated exclusively to criminal defense work. He has never been a prosecutor, has never worked for the government and has never put any one in prison.

- Insurance Fraud

A person commits an offense if, with intent to defraud or deceive an insurer, the person causes to be prepared or presents to an insurer in support of a claim for payment under a health or property and casualty insurance policy a statement that the person knows contains false or misleading information concerning a matter that is material to the claim, and the matter affects a person's right to a payment or the amount of payment to which a person is entitled.

- Health Care Fraud

With increased funding from the federal and state government, criminal investigations and prosecutions for health care fraud are on the rise in both the federal and state law enforcement arenas. Due to the manner in which fraud amounts are calculated, the penalties for health care fraud can be very significant in both the state and federal courts. Therefore, if you have been contacted by law enforcement from either the federal government or a state regulatory agency, you should contact an experienced criminal defense lawyer immediately. John T. Floyd has experience defending individuals and businesses accused of health care fraud. With professional resources across the state, Mr. Floyd can assemble a team of experienced lawyers and health care professionals appropriate to defend the particular needs and interests of a single health care professional or a large health care provider.

- Murder

Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree. Any other murder is murder in the second degree. Within the special maritime and territorial jurisdiction of the United States; Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life; Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.

- Immigration Crimes

According to the Justice Department’s Bureau of Justice Statistics, the number of people prosecuted for immigration offenses in federal courts more than tripled from 1996 through the year 2003, growing from 6,605 defendants in 1996 to 20,771 defendants in 2003. The number of prosecutions has continued to increase since 9-11, and is expected to continue this course under current US policy. The average punishment for individuals convicted of immigration offenses in 2003 was 21.5 months in the Bureau of Prisons, followed by continued detention in U.S. Citizenship & Immigration Services (USCIS) custody or voluntary deportation.

- Illegal Pornography

In response to intense public outcry and the increased availability, accessibility, and volume of child pornography on the internet, federal and state law enforcements have dramatically increased the number of child pornography investigations and prosecutions. These cases are unusually serious due to extreme penalties allowed by recently amended laws and the complete lack of mercy the suspect often receives from law enforcement and the courts. If you believe you are a suspect in a child pornography investigation you must contact a criminal defense lawyer immediately. Do not speak to law enforcement investigators, no matter what they promise you.

- Indecency With A Child

A person commits an offense if, with a child younger than 17 years and not the person's spouse, whether the child is of the same or opposite sex, the person: engages in sexual contact with the child or causes the child to engage in sexual contact; with intent to arouse or gratify the sexual desire of any person: exposes the person's anus or any part of the person's genitals, knowing the child is present; or causes the child to expose the child's anus or any part of the child's genitals.

- Mail Fraud / Wire Fraud / Swindles

The Federal Statute reads, “Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives there from, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.”

- Money Laundering

The term ''money laundering and related financial crime'' means the movement of illicit cash or cash equivalent proceeds into, out of, or through the United States, or into, out of, or through United States financial institutions, or has the meaning given that term (or the term used for an equivalent offense) under State and local criminal statutes pertaining to the movement of illicit cash or cash equivalent proceeds.

- Mortgage Fraud

For well over a decade, and prior to the recent explosion of mortgage fraud investigations and prosecutions, Houston Criminal Defense Attorney, John T. Floyd, has represented individuals and businesses charged with, or under investigation for, criminal activity associated with the mortgage loan industry. Mr. Floyd has been relied upon and quoted in national news publications and on financial news networks for his experience and expertise in the mortgage fraud arena.

- The Racketeer Influenced & Corrupt Organization Act (RICO)

A more expansive view holds that in order to be found guilty of violating the RICO statute, the government must prove beyond a reasonable doubt: that an enterprise existed; that the enterprise affected interstate commerce; that the defendant was associated with or employed by the enterprise; that the defendant engaged in a pattern of racketeering activity; that the defendant conducted or participated in the conduct of the enterprise through that pattern of racketeering activity through the commission of at least two acts of racketeering activity as set forth in the indictment.

- Sex Crimes

Allegations of sexual assault can be the most frightening charges an individual can face for many reasons. First, the punishment for sex crimes can be extreme. Punishment for some sex offenses can be as high as life imprisonment and it is not uncommon for convicted sex offenders to receive punishments in excess of twenty years. Not only can the sentences for sex crimes be significantly higher than most other criminal offenses, but conviction often requires a life time requirement of registration as a sex offender.

- Terrorism

Since the tragedy of 9-11, Mr. Floyd has represented dozens of individuals and entities regarding terrorism investigations and related criminal acts in the State of Texas and Washington D.C. It is urgent for anyone contacted by FBI, or any other agency that is part Anti-Terrorism Task Force, regarding “voluntary” interviews to contact an attorney immediately.

- White Collar Crime

The FBI investigates white collar criminal activities, such as money laundering, securities and commodities fraud, bank fraud and embezzlement, environmental crimes, fraud against the government, health care fraud, election law violations, copyright violations, and telemarketing fraud. These crimes are categorized by deceit, concealment, or violation of trust, and are not dependent upon the application or threat of physical force or violence. Such acts are committed by individuals or organizations to obtain money, property, or services; to avoid the payment or loss of money or services; or to secure personal or business advantage.

- Sentencing Defense

If you are awaiting trial, plea proceeding or sentencing, have been sentenced but not yet appealed, or believe you cannot appeal, Have appealed and the appeal is pending, consult your lawyer; If your appeal has been decided but you are considering an appeal to the Supreme Court: consult your lawyer; If you are preparing a petition under 28 U.S.C. sec. 2255 (your first post-conviction petition) and your deadline is approaching, you may have a Booker claim; If you have already submitted your first post-conviction petition under 28 U.S.C. sec. 2255 and it is still pending, you may wish to supplement your petition with a Booker claim; If you have filed and lost your 28 U.S.C. sec. 2255 claim, you may have some time to determine whether you can revisit any Booker issues in your case.