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Outrageous Conduct: Feds Using Reverse Stings,Entrapment in War on Drugs
The FBI, DEA, and ATF, whose primary law enforcement responsibilities are to investigate drug, guns, and violence, use informants to carry out these responsibilities. These informants, known as “CIs,” are typically $100 a day, plus expenses, and with a “wink-wink” from their handlers, are permitted to keep proceeds from the criminal activities they are snitching on. It’s a dirty business, albeit a necessary one some say.
No one knows how many paid informants these Big Three law enforcement agencies have on their payroll. Last year USA Today reported that in 2005 the DEA estimated it had 4,000 informants and in 2007 the FBI said it had 15,000. A more realistic estimate is that these two agencies alone have anywhere from 50,000 to 100,000 paid informants in their service.
The ATF doesn’t have much to say about how many informants it has or how it utilizes them, and understandably so. The Seattle Times reported in July 2012 that local ATF supervisor, Jim Contreras, resigned after it became known that a paid informant under his charge sexually abused an 18-year-old woman, for which he received a ten-year prison sentence, while working for the agency. And this past September an internal watchdog for the Justice Department released a scathing report that the ATF misused $162 million in profits from “stings” conducted by the agency between 2006 and 2011 on illicit cigarette sales and smuggling rings. In the process, the agency allowed one informant to keep $4.9 million in profits from sales to criminals involve in the smuggling and lost track of 420 million cigarettes valued at $127 million.
So it should not be surprising how the ATF decided to deal with a rash of “home invasions” of drug “stash houses” in Phoenix, Arizona in 2009. The agency had unsuccessfully relied upon the traditional law enforcement tactic of planting fake drugs in a stash house and taking down the armed crews once they broke into the house intent on robbing it. In an October 23, 2013 decision, United States v. Black, the Ninth Circuit outlined what the ATF said was a newer, safer strategy to combat these kinds of home invasions: “ATF agents, working undercover, would describe a fictitious stash house to suspects, offering them the opportunity to plan and carry out the robbery of the stash house. Once the robbery plan was developed and the crew members were on their way to what they believed was a real armed home invasion, they were arrested.”
In other words, a “reverse sting”—government initiated criminal conduct which results in the arrest of suspects as they begin to carry out a fictitious crime. But reverse stings are also a dirty business; an inevitable byproduct of the government getting involved in creating crime. Here’s how the Phoenix reversed sting worked. Agent Richard Zayas, who worked undercover for the ATF, brought in a CI from Miami to set up the Phoenix deal. This CI was used because he had never worked in the Phoenix area. He was paid $100 a day for his services (plus expenses). His assignment was to frequent the tough bars in the worst parts of the city—bars and neighborhoods known for criminal activity—in search of individuals “already involved in ongoing criminal activity” or who were receptive to engaging in such activity. Once he met such individuals, he would bring Zayas into the picture to provide all the details to the fictitious home invasion.
Within a matter days, the CI approached an individual named Curtis in a Glendale bar, just a stone’s throw from Phoenix, and asked him if he was interested in some “home invasion” work. Curtis said he wasn’t but directed the CI to an individual named Shavor Simpson, aka “Bullet.” Simpson was receptive. The CI told him that he had a “friend” who had “some information on a house possibly with some dope in it.” Zayas entered the picture. He and the CI met with Simpson outside Simpson’s workplace. Zayas laid down his front story that he was a courier for Mexican drug dealers. He was disgruntled because the drug dealers were not paying him enough. To get even with them, Zayas was willing to provide a home invasion crew with all the information they would need to take down the drug stash house. He said there would be anywhere from 22 to 30 kilograms of cocaine in the living room and he didn’t know how much there might be in the backroom where more cocaine was kept.
Zayas informed Simpson that the crew would have to have the “balls to do it because this ain’t no easy lick.” He stressed the “danger” involved in the home invasion because he wanted to make sure he got people who were “truly involved in this type of crime.” Simpson said he had called his “goons” who wanted to know whether they would have to “kill” or “rob” the people in the house. Zayas told him he did not care what they did, so long as they did it. Simpson boasted that he and his goons had done this kind of “shit already.” He then boasted of his criminal history, his dislike for “snitches,” that he had everything needed for the robbery, including an armory of automatic weapons. “Don’t worry Daddy,” Simpson told Zayas, “you met a real Jamaican nigger, that’s my family business, it’s where I work at … I got this shit down to a science man.”
Simpson brought four other individuals into the robbery plan: Cordae Black, Kemford Alexander, Angel Mahon and Terrance Timmons. The latter four showed up at the meeting place in two vehicles. Simpson did not show. Zayas told the crew he had rented a “warehouse” where they could deliver his share of the cocaine. He asked them to follow him so he could show them where the warehouse was located. Once they all arrived at the warehouse, the crew was arrested by federal agents who discovered four loaded weapons in the vehicles. The four crew members were convicted by a jury of conspiracy to possess cocaine with intent to distribute and use of a firearm in furtherance of a drug trafficking offense. Despite all his bravado about hating “snitches,” Simpson cut a deal with the government and testified against his “goons.”
The Phoenix reverse sting worked so well the ATF has since employed it in other major cities. For example, this past August the agency made a similar arrest in Baltimore, Maryland. According to the NorthBaltimorePatch website, the ATF has received information that three suspects—Blake Betters, Tracy Betters and Brandon Harris—had been “suspects in several area commercial and armed robberies.” The agency turned to a CI, who had been working with federal and local law enforcement for four years, to set up a meeting to rob a fictitious drug “stash house.” This meeting was recorded by law enforcement involved in the reverse sting. While the CI tried to discourage the crew from killing the occupants in the stash house, Tracy Betters replied that he would do whatever was necessary to complete the robbery.
The CI then introduced the crew to an undercover ATF agent who said he worked for the drug traffickers and there would be 10 to 12 kilograms of cocaine in the house. Tracy asked the undercover agents if the occupants were “protecting” the drugs to which the agent replied: “They aren’t going to give that [expletive] away.” Much like the crew in Phoenix, the Baltimore crew was arrested as they prepared to take down the fictitious stash house.
The U.S. Supreme Court in 1973 held that if the government engages in “outrageous conduct” to obtain a criminal conviction, the conviction cannot stand. Attorneys for the Phoenix crew moved to have their charges dismissed because of the ATF’s “outrageous conduct” in creating a fictitious drug stash house and enticing unsuspecting individuals to engage in criminal conduct they would not have engaged in absent the government’s solicitation. The trial court rejected the argument, and the Ninth Circuit agreed, citing that government outrageous conduct is “limited to extreme cases” in which the conduct “violates fundamental fairness” and is “so grossly shocking and so outrageous as to violate the universal sense of justice.”
The Phoenix crew could not surmount this high standard, and it’s doubtful if the Baltimore crew will be able to either, even though each case “must be resolved on its own particular facts.” The Ninth Circuit discussed the standard: “ … In assessing the reasonableness of various law enforcement actions and tactics, however, we have set forth ground rules that provide some guidance. For example, it is outrageous for government agents to ‘engineer and direct a criminal enterprise from start to finish,’ or for the government to use ‘excessive physical or mental coercion’ to convince an individual to commit a crime. It is also outrageous for the government to ‘generate . . . new crimes merely for the sake of pressing criminal charges.’ It is not outrageous, however, to infiltrate a criminal organization, to approach individuals who are already involved in or contemplating a criminal act, or to provide necessary items to a conspiracy. Nor is it outrageous for the government to “use artifice and stratagem to ferret out criminal activity.’”
The Ninth Circuit said the ATF’s conduct in the Phoenix “fictitious” robbery case did not meet prohibited government conduct. Smells like a rat to us….
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Testimonials
John T. Floyd Law Firm
3730 Kirby Drive # 750, Houston
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I had wonderful experience with this law firm. They were so helpful and knowledgeable of the process.my case was dismissed because of Mr John T Floyd,thank you for everything .
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I had a great experience with this Law Firm, the kind staff helped me locate a Lawyer even though they were unable to take my case.
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I can tell that Jone is an excellent attorney in Houston. Personally, he is a great man. In addition to great service and amazing results. Recommended
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I’ve never been one to write reviews but this time I couldn’t pass up the opportunity to say something. I had some serious legal questions I needed answers to concerning Texas laws. … More Being I’m from another state, I found and reached out to Attorney John Floyd for the answers. Mr Floyd listened to to my requests and told me what he need from me and went out of his way to get me the answers. Very polite, straightforward and professional, I can’t thank him enough for all he’s done. Whatever your legal case may be, I wouldn’t hesitate to recommend Mr Floyd.
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Mr. Floyd is both ethical and loyal to his clients; two qualities that are hard to find specially in lawyers. I'd definitely recommend him to anyone.Positive
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Mr. John was very helpful and truly was the reason why my case was dismissed. Thank you so much Mr. John I truly recommend everyone in need to work with him.
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This law firm is diligent, responsive and succeeded in getting my case dismissed. 10/10 would recommend.
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Very helpful, knowledgeable and honest.
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John is an amazing person and lawyer who is actually very understanding of how anxious I got and although it was hard to reach him sometimes because of his schedule, but never worry … More he is on top of things. He is very organized, very smart. I had the experience to go through a trial with him, and he always plans ahead well and is actually open and receptive to any ideas and comments I had and he was quick to decide which is right to use at the moment. I really appreciated working with him and Chris. Great lawyers and great people. As I was reminded by John, I am adding that the Jury reached a not guilty decision on the original charge and on a lesser charge in just 25 minutes. It took more time to write the charge and instructions for the jury than it took them to reach a decision.
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Highly recommend John T Floyd law firm, great response time and demeanor.I was researching an on-going criminal case, when I found an informative article written by John Floyd (about … More the perils of expert testimony). I called his office, and was very pleased to receive a timely call back. Not only was Mr. Floyd candid and helpful, but he had the kindest demeanor of any attorney that I've dealt with. I am so glad to have found this firm.
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Although I am not a client, John Floyd contacted me the same day I sent an email requesting advice, answered my questions and even when further to assist with my issue and communicated … More with me the next day. A true credit to his profession and I can only imagine how well he provides services to his actual clients!
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I give Mr. Floyd 10 Stars if they were available so I'm giving him five that's all that's available. The first time I left a message for him it was on a Friday after … More 5 p.m. and within 15 minutes he called me back I told him I needed to buy a lotto ticket because that has never happened. I knew from our chat and him calling me back that he was different from any attorney I've tried to talk to left messages never got called back they didn't even know what I needed and neither did Mr. Floyd but he did call me back. I was very interested in meeting with mr. Floyd about my case because I felt he was very transparent honest and genuine. If you've ever dealt with attorneys they don't have those traits but Mr. Floyd does. He was very honest with me told me what I could and could not do with my case. He is not egotistical he's very compassionate and he actually reads the documents you sent him unbelievable that's never happened. He will be the only lawyer I refer to anyone that needs his expertise. If you're in need of a criminal defense attorney please give John T Floyd a call you will not be disappointed.
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Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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John Floyd Law Firm is highly recommended for your legal needs. He and his staff are highly professional in every aspect. Easy and comfortable feeling talking with him, and he understands … More your needs and explains your legal advice in a way you can understand. Enough just cant be said. Thank You Sir.Positive
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John was kind enough to assist me with legal advise on my firearm gun rights restoration. I highly recommend him and his firm. Very professional and knowledgeable. If I need assistance … More in the future I will definitely go back to him.
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What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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John T Floyd handled my sons case & got a dismissal for us! He is great to work with, gets back to you promptly & knows what he’s doing. Definitely one of the best we have had … More to deal with!Positive
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John is honestly the best! The whole team is. He answered me in a timely manner and helped me when my friend was going through a situation in Houston, Texas as an inmate. He was so … More thorough, honest, and without charging me sent me so much information because I was out of the loop. He never once tried to take you for your money, he did all that he could to. help me and I can't thank him enough.
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I have used John on two occasions and found him to have full knowledge of Texas law, diligent, creative in plan, and aggressive in defense. He is the best criminal defense attorney … More in the State of Texas. No reason to look elsewhere.
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I have been calling to get some legal advice pertaining to gun rights. A few legal offices would not even take my call because quote " your not a client and Im losing money. … More I I called John T. Floyd Law Firm and they were not only able to answer my question, but gave great detail information, and further elaborated on their answer. I hope I do not have to use them in the future, but if I do need to, they will be my first call.
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Great lawyer! Needed some advice and gave me a Consultation, and advice for steps to take, without any hassle l, Was a honest guy and actually wanted to help me and not just take my … More money! Highly recommend!!Positive
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Attorney Floyd replied very timely to my inquiry and he provided practical advice. I will not hesitate to contact him in the future if I need additional legal counsel.
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Highly recommend, down to earth lawyer. Talked to me about my legal issues without being super money hungry and genuinely wanted to help me with my legal problems. 5 stars ⭐️.
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Very knowledgeable and professional. I called and left a message Friday morning and before end of business that day I received a call back.Positive
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Very helpful highly recommended for any Question / case will definitely keep he's name and number for any other legal advice
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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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Im impressed. This guy was polite and professional and most important...he listened.
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Good experience and very good lawyer
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It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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One of the few honest lawyers I have ever talked to. His complimentary consultation was knowledgeable and thorough. He knew exactly what the issue was and how to handle it. His candid … More appraisal of the situation and how to proceed saved me thousands of dollars in legal fees. If you have a case requiring expertise in John's area of practice, look no further. Hire this man!
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I had the opportunity to read an article that Mr. Floyd wrote and it was very interesting. I called him about the article and advice concerning a similar situation. He not only gave … More me excellent advice, he pointed out not just what I wanted to hear but what I needed to hear concerning my situation. The Good, The Bad and The ugly in a manner or speaking. He spoke with an open and honest heart with information to help me and not just to get a client.
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If you are in trouble and need a lawyer, contact the John T. Floyd law firm. Some of the best lawyers in Texas work there! Understanding and helpful lawyers and staff that will do all … More they can to help you 😊
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He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
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He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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Gave free consultation on getting gun rights back. He truly cares about gun rights and getting you the help you deserve. 100% worth a callPositive
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Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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He was honest , knowledgeable , and professional about what we talked about. Most lawyers are just about the money , but not john.Positive
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He was very truthful and honest with us very great man I would recommend him and we would use him again
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Very professional honest and works hard currently working my husband’s appeal I pray he does his best workPositive
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I contacted John T. Floyd Law firm and I was very satisfied with service extremely helpful and friendly thank you Mr. FloydPositive
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This law frim was informative,great response time ,and the attorney called back not some secretary or legal assistant thank u guys for all your help wish it was more like youPositive … More
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I would highly recommend Mr Floyd. He was very helpful and knowledge with a legal question I had.Positive
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He explained my case better then any other lawyerPositive
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Very informative
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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