John T. Floyd Law Firm
Houston Criminal Lawyer
"Serious Criminal Defense Throughout Texas"
Experienced Criminal Defense Lawyer
Trials, Sentencings and Appeals
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 HTexas
Federal Criminal Lawyer
Federal Criminal Lawyer John T. Floyd III 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.
December 23, 2009
EXTRANEOUS OFFENSE EVIDENCE IN FEDERAL COURT
Probative or Prejudicial: Evidence of Previous Drug Convictions Admitted to Show Proof of Intent in Drug Case
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
We have written recently about the dangers of the use of extraneous offense evidence at the state trial level; specifically, that the Texas Court of Criminal Appeals has virtually eliminated the availability of any defense in sexual assault cases, particularly those involving a child, when the State has in its possession extraneous offense evidence and the defendant wished to avoid its admission in court. The Fifth Circuit Court of Appeals recently confronted and outlined the parameters of extraneous offense evidence at the federal trial level.
The case involved John Matthew Cockrell who was convicted of conspiracy to possess and intent to distribute heroin resulting in bodily injury in violation of Title 21, Section 846, of the Federal Criminal Code. The Cockrell case began in 2006 when the Plano Police Department informed the FBI’s High Drug Trafficking Area about several heroin drug overdoses in Collin County, some of which were fatal. The FBI soon determined that Cockrell was the local heroin dealer behind the drug overdoses.
The federal investigation produced two co-conspirators who agreed to cooperate with the government. They testified at Cockrell’s conspiracy trial, telling the jury they bought drugs from Cockrell during a two-year span between 2005 and 2007. One of the co-conspirators told the jury that she initially bought methamphetamines from Cockrell but later switched to heroin with two or three buys a week. Prosecutors also presented the following evidence:
- Witnesses testified they saw balloon-packaged heroin inside Cockrell’s apartment, car, and that he distributed the heroin to other dealers as well as customers.
- Other witnesses testified they joined with Cockrell in purchasing large quantities of heroin both for their own personal use and distribution as well.
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.
Although the John T. Floyd Law Firm’s principal office is on the 19th floor of the Lyric Centre 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.
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
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