JOHN T.
FLOYD LAW
FIRM
Federal Criminal Defense
Lawyer
EXPERIENCED FEDERAL CRIMINAL LAWYER
TRIALS, SENTENCINGS, AND APPEALS
SERIOUS FEDERAL CRIMINAL DEFENSE
Phone (713) 224-0101
E-mail jfloyd@JohnTFloyd.com
"Serious Federal Criminal
Defense Throughout Texas
"
Criminal Process
Constitution: Criminal Codes and Rules Title 18 - Crimes and Criminal Procedure |
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What You Should Know About the Criminal Trial 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.
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.
The Arrest
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.
Appeal
An individual convicted of a crime has 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.
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