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
Houston Federal Criminal Lawyer-Board Certified
Board Certified Federal Criminal Lawyer John T. Floyd is an experienced criminal defense attorney dedicated to defending individuals and businesses accused of committing serious crimes in all Federal Criminal Courts in Houston, the State of Texas and the United States.
January 12, 2012
FEDERAL DISCOVERY AND INSPECTION PROCEDURES
Tunnel Vision Interferes with Duty to Comply with Discovery Obligations
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
Most litigation in federal criminal cases regarding discovery of evidence, or lack thereof, is based on claims of violations of due process protections found in the Fifth and Fourteenth Amendments of the Constitution. These constitutional protections create duties upon the government to disclose to the defendant certain types of evidence that is favorable to the accused because it either questions the defendant’s guilt, exculpatory evidence, or is useful in impeaching a government witness.
There are, however, three federal statutes that create additional duties to disclose certain evidence. Rule 12.1, 16 and 26.2 of the Federal Rules of Criminal Procedure governs “discovery and inspection” in criminal cases. The more often cited Rule 16 specifically provides:
(a) Government’s Disclosure.
(1) Information Subject to Disclosure.
(A) Defendant’s Oral Statement. Upon a defendant’s request, the government must disclose to the defendant the substance of any relevant oral statement made by the defendant, before or after arrest, in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial.
(B) Defendant’s Written or Recorded Statement. Upon a defendant’s request, the government must disclose to the defendant and make available for inspection, copying, or photographing, all of the following:
(i) any relevant written or recorded statement by the defendant if: the statement is within the government’s possession, custody, or control; and the attorney for the government knows—or through due diligence could know—that the statement exists;
(ii) the portion of any written record containing the substance of any relevant oral statement made before or after if the defendant made the statement in response to interrogation by a person the defendant knew was government agent; and
(iii) the defendant’s recorded testimony before a grand jury relating to the charged offense.
(C) Organizational Defendant. Upon a defendant’s request, if the defendant is an organization, the government must disclose any statement described in Rule 16(a) (1) (A) and (B) if the government contends the person making the statement:
Houston Federal Lawyer: John T. Floyd has over fifteen years experience as Federal Criminal Defense Lawyer. He 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. Mr. Floyd is Board Certified in Criminal Law by the Texas Board of Legal Specialization, an achievement that demonstrates his dedication and skill in this very complicated and dangerous area of the law.
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 argued to put any one in prison.
Although the John T. Floyd Law Firm’s principal office is in the historic Kirby Mansion in Houston, Texas, Mr. Floyd proudly represents clients charged with serious federal criminal offenses before Federal Criminal Courts in Houston, Galveston, Beaumont, Victoria, Austin, San Antonio, Waco, Dallas, Ft. Worth, El Paso, Brownsville, Mc Allen, Midland / Odessa, Tyler, Lufkin, Marshall, Texarkana, Sherman, Paris, Wichita Falls, Del Rio, Pecos, Corpus Christi, Abilene, San Angelo, Lubbock, Amarillo, Laredo, and all federal courts throughout the United States of America.
The Federal Government is increasingly prosecuting criminal conduct before federal courts that was traditionally charged and litigated as state crime. This often means increased terms of imprisonment and a longer time incarceration before release. In addition, the federal government has made it increasingly difficult for well intentioned and law abiding individuals to follow the law as many businesses and activities are heavily regulated under complex and often confusing laws.
To exacerbate this situation, some federal law enforcement officials have hidden agendas and prejudices that do not necessarily involve truth or justice.
The Federal Government and its law enforcement agencies, including the FBI, DEA, ATF, Secret Service, Postal Inspectors, IRS, Customs, ICE., US Marshals and many others, have broad prosecutorial and investigatory powers. If a suspect is investigated, arrested or taken into federal custody by one of these agencies, the likelihood is that the case will be handled in a federal court before a federal judge.
Federal investigations are normally complicated and take considerable time, therefore suspects often know they are under investigation by federal law enforcement officials. It is important for suspects to be represented by counsel during a federal criminal investigation because they can often minimize their criminal exposure or avoid certain charges all together.
Another significant difference with federal prosecutions is that Sentencing is done exclusively by federal judges, who are guided by the United States Federal Sentencing Guidelines, which although now advisory, can be very tough with much less real opportunity for probation or parole, if ultimately sentenced.
Under the existing Federal Criminal Code, the Federal Rules of Criminal Procedure, and the Federal Sentencing Guidelines, the federal criminal legal process has become very complex with penalties that are extremely harsh and unforgiving. Starting immediately with the initial investigation and continuing through trial and appeal, an experienced federal criminal defense lawyer can guide the accused through this potentially dangerous process, while forcing the federal government to follow the law. Each step along the federal criminal process requires an experienced federal criminal lawyer to develop a specifically designed plan to avoid the pitfalls into which criminal defense lawyers inexperienced in federal court might fall.
Therefore, if you suspect that you are being investigated by federal authorities, it is a serious matter and you should contact an experienced federal criminal lawyer immediately. Federal Criminal Defense Lawyer John T. Floyd, his staff and associates are fully equipped and experienced to represent you in any type of serious federal criminal case.
Houston Federal Criminal Lawyer John T. Floyd will be there with you, guiding you along each and every step. Mr. Floyd personally handles each and every client and never delegates a client or critical hearing to an associate lawyer or paralegal.
Mr. Floyd recognizes that successful legal representation for those accused of a federal criminal offense also includes a lawyer's role as a counselor and adviser, especially when a client has had no previous experience with the legal system and is facing the most stressful battle of a lifetime.
Understanding that each client sees his or her case as a potentially life altering situation and that this often will be the most important case of their life, Federal Criminal Lawyer John T. Floyd is dedicated to providing aggressive, thorough and ethical representation which demands everything legally possible is done to defend his client.
In the end, whether it be a lengthy jury trial, negotiating a favorable plea agreement or a pursuing a complicated appeal, John Floyd’s clients know they have a dedicated and experienced federal criminal lawyer representing their interests.
Federal Criminal Attorney John T. Floyd provides clients with individualized attention prized by those demanding the personal touch of a "boutique" criminal defense firm, along with significant contacts throughout the state and country to assemble a serious legal defense team any large firm would find formidable. The organizational approach the John T. Floyd Law Firm takes with each client is determined by their specific needs, goals and budget, as well as, the seriousness of the issues and facts surrounding the case.
If you have any further questions, or would like to discuss your case further, please contact a dedicated Federal Criminal Defense Attorney by phone at 713-224-0101 or by e-mail at jfloyd@JohnTFloyd.com
FEDERAL CRIMINAL ATTORNEY
TRIALS, SENTENCINGS, AND APPEALS
STATE AND FEDERAL CRIMINAL DEFENSE
Serious Federal Criminal Defense Throughout the State of Texas and the United States
Practice Areas
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HOUSTON FEDERAL COURTS
Jurisdiction: Texas Counties - Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, Wharton
United States Court House:
Bob Casey United States Courthouse
515 Rusk
Houston, Texas 77002
District Judges:
U.S. District Judge Nancy F. Atlas
Case Manager: Shelia Ashabranner
713-250-5407
U S. District Judge Keith Ellison.
Case Manager: Stephanie Vaught
713-250-5806
U.S. District Judge Vanessa Gilmore
Case Manager: Esthela Mares
713-250-5512
U.S. District Judge Melinda Harmon
Case Manager: Helen Tippen
713-250-5518
U.S. District Judge David Hittner
Case Manager: Ellen Alexander
713-250-5511
U.S. District Judge Kenneth M. Hoyt
Case Manager: Diane Palacios
713-250-5515
U.S. District Judge Lynn N. Hughes
Case Manager: Glenda Hassan
713-250-5516
U.S. District Judge Sim Lake
Case Manager: Jennifer Williams
713-250-5514
U.S. District Judge Gray Miller
Case Manager: Rhonda Moore-Konieczny
713-250-5129
U.S. District Judge Lee H. Rosenthal
Case Manager: Lisa Eddins
713-250-5517
U.S. District Judge Ewing Werlein, Jr.
Case Manager: Kim Carr
713-250-5533
U. S. Magistrate Judges:
Magistrate Judge George Hanks
Case Manager: Jeanette Gonzalez
713-250-5406
Magistrate Judge Nancy K. Johnson
Case Manager: Shannon Jones
713-250-5703
Magistrate Judge Mary Milloy
Case Manager: Cynthia Jantowski
713-250-5158
Magistrate Judge Stephen Wm. Smith
Case Manager: Jason Marchand
713-250-5148
Magistrate Judge Frances H. Stacy
Case Manager: Beverly White
713-250-5565
Clerk of Court
General Information 250-5500
U.S. Attorney's Office
Southern District of Texas
P.O. Box 61129
Houston, TX 77208
713-567-9000
U.S. Marshall’s Office:
10017 U.S. Courthouse
515 Rusk Avenue
Houston, TX 77002
713-718-4800
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