JOHN T. FLOYD LAW FIRM
Houston Criminal
Lawyer
EXPERIENCED CRIMINAL
DEFENSE LAWYER
TRIALS, SENTENCINGS, AND APPEALS
FEDERAL AND STATE CRIMINAL DEFENSE
Phone (713) 224-0101
E-mail jfloyd@JohnTFloyd.com
"Serious Criminal Defense in Houston
"
Criminal Process
Mr. Floyd Provides vigorous representation at every stage of a criminal case:
The Initial Investigation
Mr. Floyd's practice is to take an aggressive posture as soon as an individual
believes that he or she is a target or suspect regarding criminal activity.
Police investigation may include interviewing the victim, witnesses and/or suspects; collecting physical evidence; visiting, viewing, photographing and/or measuring the crime scene; identifying suspects through photo arrays or line-ups, etc.
Unless special circumstances exist, Mr. Floyd advises all clients to remain
silent when contacted by law enforcement officials.
It is natural to believe that you can convince someone of your innocence or
talk yourself out of the situation. In most cases, however, speaking directly
with law enforcement officials will significantly impair your ability to present
the best possible defense.
In short, do not speak to anyone about criminal allegations for which you could
be a target. Do not speak to law enforcement authorities without your lawyer
present.
Police File a Complaint
After an alleged crime is investigated, the police initiate the criminal process by filing a complaint with the district justice or by making a warrantless arrest followed by the filing of a complaint. The complaint identifies the defendant, lists the crimes charged and contains a brief factual summary upon which the charges are based. Once the complaint is filed, the presence of the defendant is secured voluntarily, by summons, or compelled, by arrest. The district justice will issue either a summons or a warrant of arrest, depending generally on the seriousness of the offense alleged. Less serious cases proceed with the issuance of a summons which provides notice of the defendant's scheduled preliminary hearing.
The Arrest
Once the complaint is filed, the presence of the defendant is secured voluntarily, by summons, or compelled, by arrest. The district justice will issue either a summons or a warrant of arrest, depending generally on the seriousness of the offense alleged. Less serious cases proceed with the issuance of a summons which provides notice of the defendant's scheduled preliminary hearing.
If you are arrested, please remember that you have the right to remain silent
and the right to an attorney. These rights can easily be lost if you are not
careful and do not understand the criminal investigation process.
Please understand that everything you say WILL be used against you. Investigators
often indicate that suspects will receive better or special treatment if they
will cooperate and speak freely. Everyone should understand that police officers/investigators
have no legal authority to make agreements that bind the State. Therefore,
they cannot make things better for you after charges are filed. An investigator
may also suggest that an innocent person has nothing to hide and therefore
does not need a lawyer. These are common investigative techniques used to press
an individual for information and cooperation.
Mr. Floyd strongly advises that his clients not speak with law enforcement
officers without the presence of a lawyer.
The Grand Jury
The grand jury hears evidence presented by the district attorney's office and
then decides whether to issue an indictment. The grand jury is an independent
body, whose functions include not only the investigation of crime and the initiation
of criminal prosecution but also the protection of the citizenry from unfounded
criminal charges.
While grand juries are sometimes described as performing accusatory and investigatory
functions, the grand jury's principal function is to determine whether or not
there is probable cause to believe that one or more persons committed a certain
offense within the venue of the court. Thus, it has been said that a grand
jury has but two functions -- to indict or, in the alternative, to return a "no-bill." See
Wright, Federal Practice and Procedure, Criminal Section 110.
The grand jury's power, although expansive, is limited by its function toward
possible return of an indictment. Costello v. United States, 350 U.S. 359,
362 (1956). Accordingly, the grand jury cannot be used solely to obtain additional
evidence against a defendant who has already been indicted. United States v.
Woods, 544 F.2d 242, 250 (6th Cir. 1976), cert. denied sub nom., Hurt v. United
States, 429 U.S. 1062 (1977). Nor can the grand jury be used solely for pre-trial
discovery or trial preparation. United States v. Star, 470 F.2d 1214 (9th Cir.
1972). After indictment, the grand jury may be used if its investigation is
related to a superseding indictment of additional defendants or additional
crimes by an indicted defendant. In re Grand Jury Subpoena Duces Tecum, Dated
January 2, 1985, 767 F.2d 26, 29-30 (2d Cir. 1985); In re Grand Jury Proceedings,
586 F.2d 724 (9th Cir. 1978).
The grand jury has broad powers to subpoena witnesses regarding criminal allegations.
In fact, once subpoenaed by the grand jury, an individual cannot refuse to
appear. This power to subpoena witnesses also applies to the suspects of the
grand jury's investigation. While a suspect cannot refuse to appear before
the grand jury, they may, however, refuse to answer specific questions if the
response to that question could tend to incriminate them.
A witness or suspect called before the grand jury has no right to have their
attorney present during the proceedings. Therefore, Mr. Floyd insists on thoroughly
preparing his clients prior to their appearance before the grand jury.
Remember:
- You may refuse to answer any question if a truthful answer to the question would tend to incriminate you.
- Anything that you do say may be used against you by the grand jury or in a subsequent legal proceeding.
Trial
Mr. Floyd strongly believes that extensive trial preparation is the key to conducting
a successful trial. Once retained to represent a client, Mr. Floyd fully investigates
the facts surrounding the case and all relevant legal issues that could be raised
at trial. Each case is different and will require a defense carefully constructed
to the specific facts and concerns of the case.
Preparation is the key to success.
the Prosecutor gives an opening statement to outline his case and evidence to the jury;
the defense may give a similar opening statement, or wait until later in the trial;
the Prosecutor calls his witnesses, after which the defense may cross-examine the witnesses;
the Prosecutor rests, or closes the governments case;
the defense may call witnesses, if it wants, and the Prosecutor may cross-examine the defense witnesses;
the defense rests;
the Prosecutor may present "rebuttal" witnesses/evidence to challenge evidence presented by the defendant during his phase of the trial;
the Prosecutor rests;
the Prosecutor presents a closing argument to the jury;
the defense attorney presents a closing argument to the jury;
the judge gives the jury detailed legal instructions about the charged crimes, the deliberation process, etc.;
the jury deliberates and returns a verdict.
Sentencing
If a defendant is found guilty, sentencing follows, often at a separate hearing after the prosecution, defense, and court have developed information based on which the judge will craft a sentence. In capital cases, a separate "penalty phase" occurs, in which the jury determines whether to recommend that the death penalty should be imposed. As with the guilt phase, the burden is on the prosecution to prove its case, and the defendant is entitled to take the stand in his or her own defense, and may call witnesses and present evidence.
Appeal
After sentencing, the defendant may appeal the ruling to a higher court. American appellate courts do not retry the case; they only examine the record of the proceedings in the lower court to determine if errors were made that require a new trial, resentencing, or a complete discharge of the defendant, as is mandated by the circumstances. The prosecution may not appeal after an acquittal, although it may appeal under limited circumstances before verdict is rendered, and may also appeal from the sentence itself. Increasingly, there is also a recognition that collateral consequences of criminal charges may result from the sentence that are not explicitly part of the sentence itself.
An individual convicted of a crime has thirty (30) days in Texas and ten (10)
days in Federal Court, in which to file a notice of appeal. If you should wish
to appeal a conviction, it is urgent that you contact an attorney immediately
as time is of the essence.
Constitution: Statutes & Rules: Code of Criminal
Procedure |
 |
[ Back to top ]
