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.
November 13, 2009
NO ACCOUNTABILITY FOR PROSECUTORS GONE ROGUE
Absolute Immunity from Civil Liability, Accountability for Prosecutors
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
The primary ethical and legal duty of a criminal prosecutor is to serve the interests of justice—not their personal interests of winning at any costs as is too often the case with a many prosecutors. This was made clear in October 2008 in the federal prosecution of then-Senator Ted Stevens (R-Alaska) for high-profile corruption charges. The federal prosecutors in the case were determined to bring down one of the most powerful lawmakers in this country—at any costs. D.C. District Court Judge Emmet Sullivan lambasted those prosecutors at the time saying that in his 25 years on the bench he had “never seen mishandling and misconduct like what I have seen” in Sen. Stevens’ case. The federal judge was so incensed at the prosecutorial misconduct that he appointed an outside attorney named Henry Schuelke to investigate the Stevens prosecutors for possible “criminal contempt.” The matter was essentially resolved when current U.S. Attorney Eric Holder requested, and secured, a reversal of Sen. Stevens’ conviction from Judge Sullivan earlier this year.
But the legal and political fallout from the Stevens case lingers in the federal judiciary. Last month in a meeting with members of the federal Judiciary’s Criminal Rules Advisory Committee Assistant U.S. Attorney Larry Breuer informed the committee that while the Justice Department had implemented “new measures” to ensure that federal prosecutors fulfill their responsibility to disclose any potentially exculpatory information to the defense, the Department would stand firm against expanding the Brady disclosure requirements under Rule 16 of the Federal Rules of Criminal Procedure. Why? Do they seek justice or hide it?
Writing in www.mainjustice.com, Joe Palazzolo said that Breuer presentation was a rebuttal to an earlier request by Judge Sullivan urging the committee to consider amending Rule 16 requiring federal prosecutors to “turn over all exculpatory information to defense lawyers in criminal cases.” Sullivan informed the committee that “such a rule would eliminate the need for the court to enter discovery orders that simply restate the law in this area, reduce discovery disputes, and help ensure the integrity and fairness of criminal proceedings.”
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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