JOHN T. FLOYD LAW FIRM
Texas Criminal
Lawyer
EXPERIENCED CRIMINAL
DEFENSE LAWYER
TRIALS, SENTENCINGS, AND APPEALS
FEDERAL AND STATE CRIMINAL DEFENSE
"Serious Criminal
Defense Throughout Texas"
Phone (713) 224-0101
E-mail jfloyd@JohnTFloyd.com
Texas Criminal Defense Lawyer
Seriously, Texas is the place...
Law and order in Texas is good, but you can be caught up in the system of justice where the punishment bears no resemblance to the crime. Texas is the number 1 place to have the death penalty. Each year many are executed here. Over one third of all U.S. executions occur in Texas each year.
Comments on Current Events In Criminal Law from the Federal Criminal Courts in Texas
January 22, 2011
THE IMPACT OF SMITH V. CAIN
High Court Misses Opportunity to Discuss Ethical Obligations of Prosecutors
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
For reasons we discussed in a previous post, the U.S. Supreme Court had an opportunity in Smith v. Cain to discuss the ethical discovery obligations of both federal and state prosecutors—an idea strongly suggested by the American Bar Association in their amicus brief filed in the case. While the issue before the Court was whether Louisiana prosecutors had committed a Brady violation in a murder case by suppressing favorable evidence, the ABA had encouraged the Justices to use the case to emphasize that a prosecutor’s pre-trial ethical obligations to disclose exculpatory and mitigating evidence under Rule 3.8(d) of the Model Rules of Professional Conduct, 3.09(d) in the Texas Disciplinary Rules of Professional Conduct, are broader and distinct from the post-conviction Brady analysis. In its amicus curiae brief, the ABA framed the issue as follows:
“The case involves numerous serious allegations of non-disclosure that, post-trial, a court must evaluate under this Court’s Brady jurisprudence. However, a prosecutor’s pre-trial ethical disclosure obligations, as governed by the attorney disciplinary rules of the state or jurisdiction in which the prosecutor practices, are separate from and broader than the constitutional standards. Specifically, the ABA Model Rule 3.8(d) [Model Rules of Professional Conduct] mandates disclosure of exculpatory and mitigating evidence without regard to materiality. This Rule’s widespread acceptance is reflected in the fact that 49 states, including Louisiana, as well as the District of Columbia, United States Virgin Islands, and Guam have adopted ethics rules that include a provision identical or substantially similar to it. Similarly, various provisions of the ABA Criminal Justice Standards promote broad disclosure of all exculpatory evidence, without regard to the materiality standard that is required for post-trial analysis under Brady. Accordingly, this Court should again recognize that a prosecutor’s pre-trial ethical disclosure obligations are distinct from the constitutional standards that control a court’s post-trial determination.”
Although the Court reversed the conviction in Smith v. Cain, the Justices did not even mention a prosecutor’s pre-trial ethical obligations to disclose Brady material. more...
The "Texas war on drugs" is putting many in the ward of the state. Now more than one in twenty is in the prison population. In many cases a conviction and sentence can be attributed to the word of a trapped informant who is trying to get a deal for himself. What do you think the truthfulness is of this source? Also some law enforcement personnel are also inclined to be untruthful in their investigations to advance their careers. A reporter of a Houston newspaper studied court data on Texas’ war on drugs, finding that most of the 58,000 convictions won by local prosecutors in the past five years “involved less than a gram of a drug.” The result is that few major dealers get caught and Texas jails are filled with users who “often find waiting lists for counseling programs so long that they are released before they can get in.”
Harris County "get tough on crime" causes many new regulations and procedures that cost taxpayers more money and creates inequities and harsh conditions. Harris County Court rules are complicated.
Here are the local district attorneys words… “Being tough on crime means protecting citizens from predators and violent criminals and making sure there is space in the prisons for those that commit violent crimes and who the public need to be protected from. I do not consider it being tough on crime to send a mother to jail for welfare fraud who worked during the Christmas holidays to provide Christmas gifts for her children.”
The resources of the state are vast with the State criminal court system, the District Attorney’s, the crime lab, and law enforcement officers. Add to that court reporters, Bondsman, Investigators, and expert witnesses from the support industry. What about the reliability of some of those departments? Take the crime labs for one. The Supreme court allows the law enforcement people to lie to you to get there convictions. Just look at any entrapment involved in cases where the police solicit the offender to break the law.
The laws are very complex and voluminous and it would be smart to familiarize yourself with these. Definition of a felony… A felony, in many common law legal systems, is the term for a "very serious" crime; misdemeanors are considered to be less serious. Crimes which are commonly considered to be felonies include: aggravated assault, arson, burglary, murder, and rape. Those who are convicted of a felony are known as felons. Originally, felonies were crimes for which the punishment was either death or forfeiture of property.
Protect your rights, know your rights, and exercise your rights defined by the Texas state constitution, statutes, rules, and judicial decisions . When a law enforcement officer questions you, ask to speak to your lawyer. When they ask permission to search your vehicle or you, politely refuse and ask to speak to your lawyer.
Do you know what happens when you are arrested and then bonded out with a bail bond?
Some of the rules you are under…
Phone check in every two weeks.
Call in the day before court.
In-person check-in on court date.
Notify agency of change of address, phone or employment.
No travel outside county.
No contact with complaining witness
What are the results of a conviction?
Loss of freedom, and the inability to get good employment ever. Loss of your reputation and exclusion from serving on a jury, just to mention a few.
Who you choose to represent your case is the most important consideration for your well being. Make sure you choose an attorney who has successfully conducted trials and is knowledgeable in your classification of criminal law.
John T Floyd Law Firm is the answer for representation in a criminal defense strategy that will ensure you get fair treatment under the law.
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