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PLEA NEGOTIATIONS: A TRICKY PROCESS IN HARRIS COUNTY
Feb 20 2026
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Plea negotiations resolve most felony cases—estimated at 90 to 95 percent nationwide. With approximately 85,000 criminal cases filed annually in Harris County, plea agreements are essential for maintaining the efficiency of the justice system.
Despite their prevalence, the process of reaching a plea agreement can be tricky.
In State v. Hatter, decided by the Texas Court of Criminal Appeals (CCA) on January 22, 2025, Sanitha Lashay Hatter was charged with the felony offense of assault of a peace officer under Texas Penal Code Ann. § 22.01(b-2). During plea negotiations, the assistant district attorney (ADA) agreed to dismiss the felony assault charge if Hatter pleaded guilty to the DWI charge arising out of the same incident and pleaded guilty to a separate DWI charge committed after the assault and DWI incident. However, due to representation by two different attorneys in cases, Hatter did not agree to the plea terms.
After Hatter declined the plea agreement, the ADA filed a motion to dismiss the felony charge, reserving the right to refile. The trial court granted the motion, and the ADA refiled the felony assault charge two months later under a different cause number.
In response, Hatter’s counsel filed a motion for specific performance of the original “gentlemen’s agreement” reached before the second DWI incident occurred—an agreement in which the ADA had agreed to dismiss the felony assault charge and not refile it in exchange for a guilty plea to the related DWI charge and the second (subsequent) DWI charge.
In support of the motion for specific performance, Hatter’s counsel submitted an affidavit in which they attested to the following:
- The Assault of a Public Servant in cause number 1622433 arose out of the same transaction as a misdemeanor Driving While Intoxicated charge in cause number 2248201. Counsel was appointed to represent Appellee in the felony assault case. Appellee subsequently was arrested and charged with another DWI.
- The offer from the State was that in exchange for a plea of guilty in the DWI cases, the felony assault case would be dismissed. However, another attorney represented Appellee on the DWI charges and was unwilling to agree to the resolution.
- After additional discussion, the felony prosecutor made multiple promises indicating that he would “not only dismiss the felony case regardless of the misdemeanor dispositions, but that he would promise never to refile the felony case.” The prosecutor told counsel that he would enter “other” as the reason for dismissal and write “subject to refile,” but again promised that the case would not be refiled.
- The felony case was dismissed before the disposition of the DWI cases. The following month, the DWI cases were dismissed.
- When the arresting officer learned that all the cases against Appellee had been dismissed, she complained, and a superior at the Harris County District Attorney’s Office ordered the prosecutor to refile the case despite his promises.
At the hearing regarding the specific performance, the ADA stated he did not recall using the terms “promise” or “gentlemen’s agreement” during the plea negotiations with defense counsel, but acknowledged he had no intention of refiling the felony assault charge, and until he was ordered to do so by a superior following the arresting officer’s complaint.
This situation highlights the tension between prosecutorial discretion and law enforcement influence in Harris County and across the country. Charging decisions should remain within the purview of the ADA, whose legal expertise guides the process, rather than with the arresting officer.
The Hatter case worked its way through several procedural gauntlets. First, the trial court granted Hatter’s motion for specific performance, directing the ADA to dismiss the refiled felony charge. The State appealed this ruling to the 14th District Court of Appeals with an alternate demand for mandamus relief directed to the trial court.
On September 30, 2021, the appeals court upheld the trial court’s ruling that a plea agreement was not only in place but enforceable. The CCA then overruled the appeals court’s decision, concluding that the “plea offer” made by the ADA never became a “plea agreement.” The court explained its reasoning:
“There are several reasons for our conclusion that the dismissal of Appellee’s felony assault charge was not pursuant to a plea bargain agreement. First, the offer did not become an agreement because a plea bargain agreement requires both parties to agree to the terms of the offer. Appellee never agreed. Appellee’s counsel acknowledged in her affidavit that the dismissal of the felony charge was contingent upon the pleas in the misdemeanor cases. Counsel likewise acknowledged that Appellee’s counsel on the misdemeanor cases was unwilling to negotiate a plea in accordance with the agreement. And there is no evidence in the record that Appellee ever agreed to plead guilty to the DWIs as part of the State’s plea offer nor did she plead guilty to the DWIs. Without Appellee’s agreement to plead guilty to the DWIs, the parties did not have a plea bargain agreement.
“Second, even if we were to assume that Appellee and the State had reached an agreement, that agreement never became binding because it was never approved by the trial court. The terms of the plea bargain offer were never brought to the trial court for approval. Unless the trial judge accepts a plea agreement, the contract of the plea agreement is not binding on the parties…
“Here, even assuming Appellee had agreed to the terms of the State’s plea bargain offer, the trial court never had the opportunity to approve the agreement. The State’s motion to dismiss, for example, indicated only that the State reserved the right to refile. Because Appellee never sought to enter a guilty plea in the DWIs, no trial court ever inquired as to the existence of a plea bargain agreement or informed Appellee whether the agreement would be followed or rejected as required.
“The court of appeals concluded that Appellee was prevented from holding up her end of the bargained for agreement because the State made her performance impossible by dismissing the DWI charges. But this conclusion presumes that Appellee agreed to plead guilty to the DWIs and, as discussed above, the record does not support that conclusion. It also presumes that the trial court would have approved the plea bargain agreement, thereby rendering its terms binding on the parties. Before approval by the trial court, the State was free to withdraw its offer to dismiss the felony. Without the trial court’s approval of the terms of the plea bargain and the agreement of both parties to those terms, the State was not bound to its initial plea offer.”
The Hatter case underscores the importance of documenting each detail of a plea agreement in the contract between the State and the defendant and of securing trial court approval for enforceability. It also illustrates the importance of defense lawyers who have seperate cases involving a shared client communicating and working together before resolving their cases.
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Testimonials
John T. Floyd Law Firm
3730 Kirby Dr # 750, Houston
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A friend of mine needed help finding a defense attorney for her son, and after researching several options, I recommended the John T. Floyd Law Firm. I’m so glad I did—she hired them, … More and I had the opportunity to support her son throughout the case and observe some of the court proceedings myself.
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Even after a not guilty verdict, he followed up to offer additional support and guidance---that kind of dedication is rare. If you’re looking for a defense attorney who is professional, compassionate, and genuinely invested in their clients, I wholeheartedly recommend the John T. Floyd Law Firm. -
If you have hired attorneys that meet the Webster dictionary definition, ie: "Attorney " is a person that has a law degree, will not be totally honest, can take your money … More and not earn it, will put you off until he is ready to talk to you, and/or never study your case to be able to defend you. Mr. Floyd is the only attorney that doesn't fit that definition!! You will be delighted to have Mr. John Floyd in your corner! Not one attorney that I have ever met that would ever return a check that I sent to him, because he said I paid him too much! Wow! That right there should tell you something about his integrity!!!!! He has a very calm demeanor and doesn't stretch the truth even if you don't want to hear it, he will tell you the truth. Call and set up an appointment with him and judge for yourself. You are wasting time and money on any other attorney, just hire the best, Mr. Floyd.
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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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John and his team are super professional and so dedicated to you. I would highly recommend the John T. Floyd law firm to anyone that needs legal assistance!
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Although the team was not able to assist me at this time, I was given some good information.
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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.
They were very helpful, kind and returned my call … More in a timely manner. I would definitely recommend them and use them in the future. -
I highly recommend John T. Floyd Lawfirm. They are truly knowledgeable and willing to go the extra mile to defend your innocence. Psalms 35
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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. -
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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Mr. Floyd is an incredible attorney and human being. He cares about your case, the facts, the law, and your life! I am sorry for whatever situation you are going through, but choosing … More Mr. Floyd, his firm, and their professional experience to help you, will be the best decision you ever make!
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I asked the Law Office of John T. Floyd a very important question regarding the legal aspects of purchasing a firearm with a deferred adjudication charge. They answered the question … More very professionally and accurately and I was quite pleased with the information that was shared. I recommend this law firm because they are very honest and will work for you and with you.
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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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Outstanding!Professional knowledge. Rich experiences. Good outcome.
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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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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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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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I am very happy today my case dismissed God bless Mr John T Floyd very good lawyer thanks you so mush sir
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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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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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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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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 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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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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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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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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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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John & Chris helped my family member get a reduced charge and acceptable plea agreement in place. Their compassion, attention to every detail was what helped carry the day.Truly … More the best of the best.P
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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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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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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His service to the community and diligence to helping his clients speaks for its self! Not to mention the many articles, papers and TV appearances that speak to his intellect
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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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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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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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John has given Excellent service and have been very friendly and extremely helpful to us. I highly recommend this law firm
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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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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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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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This law firm is diligent, responsive and succeeded in getting my case dismissed. 10/10 would recommend.
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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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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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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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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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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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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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Excellent service and a lawyer that doesn't lie. He does what he says. JW recommends him.
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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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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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super knowledgeable, good attitude, would definitely recommend him
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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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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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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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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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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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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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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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He explained my case better then any other lawyerPositive
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Very helpful, knowledgeable and honest.
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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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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Good experience and very good lawyer
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Extremely helpful!!! Helping me understand the law.
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Very informative
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Very professional
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Positive
Responsiveness, Quality, Professionalism, ValueMore -
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John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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