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 31, 2010
MORE EVIDENCE OF BAD EVIDENCE, AGAIN
Criminal Defense Attorneys Must Question Findings, Conclusions of Forensic Experts
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
We have posted a number of blogs about the “junk science” associated with forensic evidence—a science popularized by network television with drams like “CSI” and its spin-offs. It would indeed by an ideal world if all the evidence-gathering and analysis reflected in these TV programs reflected the real world of crime and criminal prosecutions. The reality is that while these shows may entertain their legion of loyal viewers, they do a tremendous disservice to our criminal justice system. http://www.newscientist.com They contribute to the popular acceptance among most jurors that “forensic evidence” is infallible when, in truth, the evidence analysis methodologies used in most of this science have never been validated and the end results have been tragic. According to the New York-based Innocence Project, nearly half of all the DNA exonerations in this country involved “false forensics,” not to mention the horrific way this flawed process undermines the integrity of our truth-seeking, albeit adversarial justice system.
For example, KCBD television in Lubbock recently reported that Paul Shrode, the city’s former Deputy Medical Examiner, lied on his resume to secure the position of Chief Medical Examiner in El Paso County. The Texas Medical Board has indicated it will investigate the complaint filed by an Austin documents analyst named David Fisher (who frequently works with criminal defense attorneys) against Shrode with the medical board concerning the “resume doctoring”.
The Paul Shrode revelation comes on the heels of a series of fine investigative reports by Fort Worth Star-Telegram investigative reporter Yamil Berard about statewide problems dealing with medical examiners and the flawed nature of their forensic work, particularly when it comes to autopsies performed by these “medical forensic experts.” After Tarrant County District Attorney Joe Shannon told the newspaper that his office relied upon the county’s medical examiners “a great deal,” Yamil pointed out the flawed nature of the evidence analysis methodology of medical examiners:
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.
TEXAS CRIMINAL
LAWYER
TRIALS, SENTENCINGS, AND APPEALS
STATE AND FEDERAL CRIMINAL DEFENSE
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