Federal Criminal Law Archives

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Oct.06
2012

TDCAA RESPONDS TO PROSECUTORIAL MISCONDUCT CRITICISM

“Convict At Any Cost” Mindset of Criminal Prosecutors Has Become Way of Doing Business
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

We believe in balanced and fair reporting. Earlier this year we posted a piece about…

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Oct.04
2012

SIGNIFICANT FOURTH AMENDMENT CASES BEFORE U.S. SUPREME COURT

Posted By: John Floyd

Category: Federal Criminal Law

Court Hears Significant Cases Regarding Police Searches of Home and Body
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
The U.S. Supreme Court has agreed to hear two cases—one from Missouri, the other from Florida—that will have a…

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Sep.27
2012

THE IMPACT OF DODD-FRANK ON FRAUD SENTENCING GUIDELINES

Posted By: John Floyd

Category: Federal Criminal Law

Sentencing Guidelines Increase Federal Prison Sentences for Organized Insider Trading
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) was signed into slightly more than two years ago…

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Sep.12
2012

DISCREDITED POLICE TESTIMONY

Posted By: John Floyd

Category: Federal Criminal Law

Court of Appeals Vacates Conviction after Finding Prior Lies By Police Officer Probative and Relevant, Cross-Examination Should Have Been Allowed
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

Police have credibility through their perceived authority and oath…

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Sep.04
2012

“ACTUAL INNOCENCE”

Posted By: John Floyd

Category: Federal Criminal Law

Determining Eligibility for Compensation for Wrongful Conviction and Incarceration
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

The Tim Cole Act (TCA) was named after Timothy Cole, a former Texas Tech student who was wrongfully convicted in…

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Aug.31
2012

BREACHING TRADE SECRETS CONFIDENTIALITY NOT ALWAYS A CRIME

Posted By: John Floyd

Category: Federal Criminal Law

Computer Program, Source Code, Does not Constitute “Goods” that can be Stolen for Purposes of National Stolen Property Act
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

Most legal researchers will tell you that the best starting…

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Aug.29
2012

THE GOVERNMENT’S HABIT OF HIDING EVIDENCE

Posted By: John Floyd

Category: Federal Criminal Law

U.S. Attorney’s Office Actively Decided or Consciously Avoided Compliance with Brady
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

A.B. Watley is a day trading brokerage firm. Kenneth Mahaffy, Timothy O’Connell, and David Ghysels (“Broker defendants”) were…

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Aug.25
2012

CRY RAPE: FALSE ALLEGATIONS DESTROY LIVES

Posted By: John Floyd

Category: Federal Criminal Law

Rule of Court Make Overturning False Convictions Difficult
By: Houston Criminal Defense Attorney John Floyd and Paralegal Billy Sinclair

According to the Rape, Abuse & Incest National Network (“RAINN”), there are 207,754 sexual assaults in this country each year.…

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Aug.15
2012

EXTRANEOUS OFFENSE EVIDENCE:ERODING THE SIXTH AMENDMENT’S GUARANTEE OF A FAIR TRIAL

Posted By: John Floyd

Category: Federal Criminal Law

By: Houston Criminal Lawyer John Floyd and paralegal Billy Sinclair

Common law has long recognized the fundamental principle that an accused is entitled to be tried solely on the criminal charge leveled against him by the State; that he…

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Aug.10
2012

JAMES HOLMES AND THE PSYCHOTHERAPIST/PATIENT PRIVILEGE

Posted By: John Floyd

Category: Federal Criminal Law

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

During the initial minutes of Saturday, July 21, 2012, and only moments after the commencement of a special midnight showing of the Batman movie, Dark Night Rises, James Holmes,…

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Dismissed

The State of Texas vs. DC

Sexual Assault, Harris County/Felony Assault Family Member, Galveston County.

Our Client faced multiple felony charges in several counties from the same plaintiff. Facing serious felony prison sentences, we left no stone unturned. The prosecutors had to give way, and all charge
No - Billed

The State of Texas vs. GM

Aggravated Sexual Assault of a Child Under 14, Harris County.

Our client was a medical student facing horrendous allegations from his troubled, drug-addicted sister. In the end, Mr. Floyd proved that she was not credible in front of the grand jury. (Grand Jury d
Dismissed

The State of Texas vs. ML

Alleged Sex Crime

Our client was charged with continuous sexual abuse of a child, indecency with a child, and sexual assault of a child. They faced 25 to 99 years, or life, in prison for the continuous sexual abuse of
Mistrial

The State of Texas vs. LC

Sex Crime

Our client was charged with three counts of indecency with a child and one count of burglary of a habitation for the purpose of committing a sex crime. They faced 2 to 20 years in prison for each coun
Reduced Sentence/
Dismissed

The State of Texas vs. KR

Felony Murder

Client facing life in prison, he received 10 years probation in case involving three child victims. Two other cases of murder dismissed.
Dismissed

The State of Texas vs. JR

Aggravated Assault Family Member

Client was involved in an altercation with his better half that resulted in allegations of a belt and scissors being used in ways they were not necessarily intended. The allegations were shown to be
Dismissed!

The State of Texas vs. JU

Aggravated Assault Against a Public Servant

Aggravated Assault Against a Public Servant. All charges were dropped, and the case was dismissed.
Dismissed

The State of Texas vs. JD

Aggravated Assault with a Deadly Weapon

A good Samaritan intervened in a car burglary and stabbed the burglary suspect in the back. Our client struck the good Samaritan on the head with a firearm, not realizing that the good Samaritan was
Reduced Sentence

The State of Texas vs. GC

Murder, Harris County

Client charged with killing victim in alcohol-fueled drug deal gone bad. He faced life in prison. After preparing for trial and arguing a pre-trial motion to dismiss, our client was offered probat
Dismissed

The State of Texas vs. JB

Felony Possession of Marijuana

Felony Possession of Marijuana. Houston criminal defense lawyer John T. Floyd got all charges dropped, and the case dismissed.
Dismissed

The State of Texas vs. MZ

Manufacture/Delivery of a Controlled Substance

Harris County. Client facing life in prison for Manufacture/Delivery of a Controlled Substance. Houston criminal attorney John Floyd got the case dismissed,
Dismissed

The State of Texas vs. ME

Possession of a Controlled Substance

Harris County. Officers in full riot/swat gear burst into our client’s business and attacked employees and customers in search of drugs that they ‘knew’ he was hiding after following one of his
Acquitted

The State of Texas vs. MM

Sexual Assault, Harris County

Directed Verdict of Not Guilty during Jury Trial. In this case, our client operated a therapy center for medical rehabilitation. After the prosecution rested its case, we successfully argued a motio
Dismissed

The State of Texas vs. JG

Possession of Child Pornography

2 cases of Possession of Child Pornography, Harris County. Client facing 20 years, case dismissed.
Dismissed!

The State of Texas vs. LG

Possession of Child Pornography

Our client was downloading large amounts of pornography and accidentally acquired images alleged to be child pornography. After facing serious charges and potentially serious time in prison, our team
Dismissed

The State of Texas vs. MS

Indecency with a Child, Harris County

Indecency with a Child, Harris County. Texas criminal defense lawyer John Floyd got the case dismissed.
Dismissed

The State of Texas vs. TW

Sexual Assault, Harris County

Sexual Assault, Harris County. Harris County criminal defense John T. Floyd gets case dismissed.
Mistrial

The State of Texas v. ML

Sexual Abuse of Child

Montgomery County case. Individual charged with continuous sexual abuse of a child, indecency with a child, and sexual assault of a child. Individual faced 25 to 99 years, or life, in prison for the
Mistrial

The State of Texas v. LC

Indecency with a Child

Montgomery County case. Individual charged with three counts of indecency with a child and one count of burglary of a habitation for the purpose of committing a sex crime. Individual faced 2 to 20 yea
Reduced Sentence

United States v. MA

Criminal Copyright Infringement

Probation was granted when the government argued 24 months of imprisonment.
Reduced Sentence

United States v. RV

Drug Conspiracy, San Juan

Sentenced released on time served after 17 months when the government argued for 84-month sentence.
Mistrial

United States v. RL

Drug Conspiracy, Corpus Christi

Drug Conspiracy, Corpus Christi. Clients was granted a mistrial leading to charges being dropped.
Acquitted!

United States v. SG

Drug Conspiracy

Drug Conspiracy, El Paso. After facing serious charges, our team achieved an acquittal for our client after a retrial of cocaine allegations.
NOT
GUILTY

The State of Texas vs. GM

Aggravated Sexual Assault of a Child Under 14

Harris County. No-Billed (Grand Jury declined to indict). A medical student with an entire lifetime in front of him. Our client was facing horrendous allegations from his troubled and drug addicted si
CASE DISMISSED

The State of Texas vs. DC

Sexual Assault, Harris County / Felony Assault Family Member

Galveston County. All Cases Dismissed in All Counties. Facing multiple felony charges in several counties from the same crazy girlfriend the prosecutors in both counties set our client free. If the fe
NOT
GUILTY

The State of Texas vs. GM

2 cases of Aggravated Sexual Assault of a Child Under 14

Harris County. No-Billed (Grand Jury refused to indict based on insufficient evidence). In this case the client was charged in two criminal complaints of sexual assault of his sister. After we conduct
CASE DISMISSED

The State of Texas vs. MH

Sexual Assault of Family Member

Harris County. Dismissed. Client was accused of all kinds of behavior that he was physically incapable of. The charges were eventually dismissed.
CASE DISMISSED

The State of Texas vs. TS

Possession of a Controlled Substance, Harris County

Possession of a Controlled Substance, Harris County. Dismissed. Client was arrested in regards to an attempted murder of a police officer and possession of a large quantity of drugs. She was placed on
NOT
GUILTY

The State of Texas vs. ME

Possession of a Controlled Substance, Harris County

Possession of a Controlled Substance, Harris County. Dismissed. Officers in full riot/swat gear burst into our client’s business and attacked employees and customers in search of drugs that they ‘
CASE DISMISSED

The State of Texas vs. BW

Possession of a Controlled Substance, Harris County

Possession of a Controlled Substance, Harris County. Dismissed. Accused of possession of a very rare drug known as DMT (Dimethyltryptamine), heroin, and marijuana…our client was in serious trouble a