John T. Floyd Law Firm
Board Certified Houston Criminal Lawyer
“Serious Criminal Defense Throughout Texas”
Board Certified Criminal Law Specialist
Experienced Criminal Trial Lawyer
Federal And State Criminal Defense
Phone # (713) 224-0101
Toll Free 1-866-374-1327
E-mail jfloyd@JohnTFloyd.com
Top Lawyers: Criminal Defense - 2008, 2009, 2010 HTexas
Board Certified Houston Criminal Defense Lawyer
Houston Criminal Defense Attorney John T. Floyd, Federal Criminal Lawyer: A Premier Criminal Defense Lawyer Defending Individuals and Businesses Accused of Serious Crimes in Houston, Throughout Texas and in Federal Court Across the United States.
John T. Floyd
As Seen on
Hannity &
Colmes
Comments on Current Events In Criminal Law
January 26, 2012
CONDITIONS OF BAIL IN DWI CASES CAN BE HARSH
Politics and Profit Motive Lead to Unreasonable Conditions of Bond in First Time DWI Cases
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
The Texas Legislature in 1999 gave courts the general authority to impose “reasonable conditions” of pre-trial release. This authority was codified in Chapter 17 of the Texas Code of Criminal Procedure. Art. 17.40(a) and has been used by some courts to impose draconian “conditions” of bond in DWI cases on the dubious claim they are related “to the safety of the community.” Unfortunately, some courts, with pressure from tough on crime advocacy groups who often endorse judges during election cycles, have added such burdensome conditions of bond as to amount to punishment prior to a finding of guilt, disregarding the fundamental principle of “innocent until proven guilty.”
The Texas Court of Criminal Appeals, in Ex parte Anderer, held that a court’s condition of bail will be upheld if it meets three criteria: 1) it must be reasonable; 3) it must be made to secure the presence of the defendant at trial; and 3) it must be related to the safety of an alleged victim or the community. At least one Court of Appeals, the Twelfth District in Burson v. State, held that the condition relating to safety of either victim or community does not necessarily need to relate to the other two criteria.
This authority to order conditions of release has been used to impose severe conditions in DWI cases, some of which, but not all, are listed below:
No driving while on bond;
Home curfew and electronic monitoring under Art. 17:43;
Home confinement, electronic monitoring and drug testing under Art. 17.44;
Installation of an ignition interlock (deep lung) device in any vehicle driven by the defendant under Art. 17.441;
No consumption of alcohol while on bond;
Attend AA meetings while on bond;
An In-Home alcohol monitor that requires a specimen of breath 3 times a day;
Pre-trial services meetings;
John T. Floyd is one of Houston’s top criminal defense lawyers with an unblemished reputation for providing faithful and dedicated representation to his clients. He has committed his entire professional career, as a criminal defense attorney, to providing the best possible criminal defense representation to clients not only in Houston but throughout the State of Texas and in federal courts nationwide.
Houston Criminal Attorney John Floyd is Board Certified in Criminal Law by the Texas Board of Legal Specialization, has been rated as among the best and brightest attorneys practicing criminal law with his recognition as Houston’s Top Lawyers for the People (2008,2009), Top Lawyers: Criminal Defense (2008,2009,2010) and has earned a “Superb” rating, scoring 10/10, from AVVO. He has appeared on national television and radio programs as an expert on criminal law related issues and has been quoted in newspapers and other news outlets throughout the country.
John T. Floyd is not a former prosecutor turned criminal defense attorney. He has never been a prosecutor. He began his legal career in 1994 as a criminal defense attorney and he has built a practice devoted exclusively to criminal defense work. The John T. Floyd Law Firm has worked hard to create, and maintain, a reputation for professional excellence through its successful criminal defense of individuals and businesses accused of committing serious crimes in all state jurisdictions throughout Texas and federal courts throughout the country.
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.
John T. Floyd believes that criminal defense attorneys are the cornerstone of the legal profession. Individuals and businesses accused of criminal wrongdoing have their very lives, businesses, and families at stake and deserve the best possible criminal defense. A false allegation, mistaken identification, botched or fabricated forensic analysis, or prosecutorial misconduct involving the use of perjured testimony or the suppression of favorable or mitigating evidence can very easily lead to innocent individuals and businesses being wrongfully convicted. Scores of DNA exonerations across the country exemplify this tragic reality. As a criminal defense attorney, John T. Floyd is a criminal defense lawyer committed to making sure that this tragedy is not inflicted upon his clients.
State and Federal prosecutors have unlimited prosecutorial resources at their disposal. This is particularly true in the federal courts in Houston, Texas. Federal criminal defense attorneys in Houston, Texas must be prepared to devote their best skills, ingenuity, experience and cutting edge technology to achieve the same level of resources toward the defense of their clients. John T. Floyd is a Houston federal criminal attorney prepared to put forth whatever legal resources are necessary to bring about a favorable outcome for his clients. He is a Houston federal criminal lawyer who understands the awesome powers of the federal government when it targets individuals and businesses for prosecution and he is prepared to defend his clients against such force.
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 in the historic Kirby Mansion 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.
If you are faced with an unexpected need for a criminal defense attorney, John T. Floyd stands ready to provide skilled, dedicated, and diligent representation to you. Please feel free to contact Houston Criminal Defense Attorney John T. Floyd at 713-224-0101 or by e-mail at JFloyd@JohnTFloyd.com.
Houston Criminal Defense Lawyer; Serious Federal and State Criminal Defense Throughout the State of Texas
BOARD CERTIFIED HOUSTON CRIMINAL LAWYER
TRIALS, SENTENCINGS, AND APPEALS
STATE AND FEDERAL CRIMINAL DEFENSE
|
Practice Areas In Houston and Throughout the State of Texas
|
|
[ Back to top ]
