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
"
Federal Criminal Lawyer
Houston Federal Criminal Defense Lawyer John T. Floyd is an experienced attorney whose practice is dedicated exclusively to protecting the rights of individuals and businesses suspected or accused of committing serious federal crimes before federal courts in Houston, throughout Texas and the United States of America.
Comments on Current Events In Criminal Law from the Federal Criminal Courts in the United State
January 22, 2012
FEDERAL DISCOVERY AND INSPECTION PROCEDURES
Tunnel Vision Interferes with Duty to Comply with Discovery Obligations
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
Most litigation in federal criminal cases regarding discovery of evidence, or lack thereof, is based on claims of violations of due process protections found in the Fifth and Fourteenth Amendments of the Constitution. These constitutional protections create duties upon the government to disclose to the defendant certain types of evidence that is favorable to the accused because it either questions the defendant’s guilt, exculpatory evidence, or is useful in impeaching a government witness.
There are, however, three federal statutes that create additional duties to disclose certain evidence. Rule 12.1, 16 and 26.2 of the Federal Rules of Criminal Procedure governs “discovery and inspection” in criminal cases. The more often cited Rule 16 specifically provides:
(a) Government’s Disclosure.
(1) Information Subject to Disclosure.
(A) Defendant’s Oral Statement. Upon a defendant’s request, the government must disclose to the defendant the substance of any relevant oral statement made by the defendant, before or after arrest, in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial.
(B) Defendant’s Written or Recorded Statement. Upon a defendant’s request, the government must disclose to the defendant and make available for inspection, copying, or photographing, all of the following:
(i) any relevant written or recorded statement by the defendant if: the statement is within the government’s possession, custody, or control; and the attorney for the government knows—or through due diligence could know—that the statement exists;
(ii) the portion of any written record containing the substance of any relevant oral statement made before or after if the defendant made the statement in response to interrogation by a person the defendant knew was government agent; and
(iii) the defendant’s recorded testimony before a grand jury relating to the charged offense.
(C) Organizational Defendant. Upon a defendant’s request, if the defendant is an organization, the government must disclose any statement described in Rule 16(a) (1) (A) and (B) if the government contends the person making the statement:
(i) was legally able to find the defendant regarding the subject of the statement because of that person’s position as the defendant’s director, officer, employee, or agent; or
(ii) was personally involved in the alleged conduct constituting the offense and was legally able to bind the defendant regarding that conduct because of that person’s position as the defendant’s director, officer, employee, or agent.
(D) Defendant’s Prior Record. Upon a defendant’s request, the government must furnish the defendant with a copy of the defendant’s prior criminal record that is within the government’s possession, custody, or control if the attorney for the government knows—or through diligence could know—that the record exists.
(E) Documents and Objects. Upon a defendant’s request, the government must permit the defendant to inspect and to copy or photograph books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items, if the item is within the government’s possession, custody, or control and:
(i) the item is material to preparing the defense;
(ii) the government intends to use the item in its case-in-chief at trial; or
(iii) the item was obtained from or belongs to the defendant.
(F) Reports of Examinations and Tests. Upon a defendant’s request, the government must permit a defendant to inspect and copy or photograph the results or reports of any physical or mental examination and of any scientific test or experiment if:
(i) the item is within the government’s possession, custody, or control;
(ii) the attorney for the government knows—or through due diligence could know—that the item exists; and
(iii) the item is material to preparing the defense or the government intends to use the item in its case-in-chief at trial.
(G) Expert witnesses. At the defendant’s request, the government must give to the defendant a written summary of any testimony the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence during its case-in-chief at trial. If the government requests discovery under subdivision (b) (1) (C) (ii) and the defendant complies, the government must, at the defendant’s request, give to the defendant a written summary of testimony that the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence as evidence at trial on the issue of the defendant’s mental condition. The summary provided under this subparagraph must describe the witness’s opinions, the bases [sic] and reasons for those opinions, and the witness’s qualifications.more...
Houston Federal Lawyer John T. Floyd is a true patriot who believes in the Constitution of the United States, the Bill of Rights and the fundamental importance of a fair and impartial court system.
In this day and time where the government knows no bounds to its power in pursuit of the accused and where the citizenry has voluntarily abdicated their freedoms to seek shelter from what they have been told is an ever increasingly dangerous world, it is vital that the accused be represented by a knowledgeable and zealous federal criminal defense lawyer.
Criminal Defense Lawyer John T. Floyd understands that the defense of the accused is the front line in the fight to preserve the vitality of the Constitution and the freedoms derived from its protections.
If You Have Been Contacted By The FBI Or Any Other Federal Law Enforcement Agent Stand Firm in Your Constitutional Right to Remain Silent:
It is normal to become overwhelmed when confronted by the FBI, or any other federal law enforcement investigator, and threatened with prosecution in federal courts. This shock becomes more so when threatened with the serious range of imprisonment dictated by federal statutes, where there is no real parole and most individuals convicted serve at least 85% of their sentence.
It is also normal for people to feel they must try to talk there way out of the situation or to immediately confess and begin to “cooperate” with federal investigators who have promised leniency.
However, it is vitally important for an individual suspected of committing a crime and approached by federal law enforcement investigators to immediately remain silent until they have had an opportunity to consult an experienced federal criminal defense lawyer.
First, it is a serious federal crime to make false statements to a federal investigator, a crime which alone can lead to prison time. Second, law enforcement investigators have no authority to make promises about plea agreements, deals or leniency. Unfortunately, law enforcement agents often tell suspects they do have such authority in order to get confessions and cooperation. This is a successful and court approved police interrogation tactic. However, this means that suspects often confess with little or no leniency and receive no value for there cooperation.
Therefore, if you believe you are the target or suspect in a criminal investigation, or may face any exposure to criminal prosecution, contact an experienced federal criminal defense lawyer immediately. This will most likely be the most important decision you make during this potentially devastating time of your life.
Look at what you’re up against.
There are over a hundred federal agencies and offices with agents who have authority to carry firearms, investigate crimes and make arrests. The most popularly known federal law enforcement agents are from the FBI, the DEA or IRS. However other federal agencies are increasingly conducting criminal investigations, especially prominent in the post 9/11 environment is ICE, Immigration and Customs Enforcement, whose primary mission has become to prevent acts of terrorism by targeting the people, money and materials that support terrorist and criminal activities. Other agents working on criminal prosecutions in federal courts are from the United States Postal Service, Secret Service, Customs and Border Protection, U.S. Marshall, ATF and many other federal agencies. If you are questioned by any of these agencies you must remember that false statements made to federal law enforcement agents is a federal crime and that the agents have no authority to make you a “deal” in exchange for cooperating. Therefore, do not speak to a federal law enforcement agent without a lawyer.
If you are arrested by a federal law enforcement agent you will be taken to a federal magistrate to determine if there is probable cause to believe that you committed a crime and whether or not you should be released on bail or detained pending resolution of the criminal case. The Preliminary Hearing and Detention Hearing are both significant events which will allow your lawyer to get an early look at some of the important evidence in your case. Therefore, if you are arrested and taken into federal custody, contact a lawyer with experience before the federal courts immediately.
After a federal defendant is arrested and released on bond, or detained, pending trial the federal court will enter a scheduling order which will often include deadlines for pre-trial motions and discovery, plea agreements and trial dates. The federal courts are controlled by the Federal Speedy Trial Act which requires that an indictment be filed within 30 days of arrest and that trial must commence within 70 days from date the indictment was filed.
Sentencing in the federal courts is done solely by the judges, as opposed to the judge or jury in state court, who still must consider the Federal Sentencing Guidelines. While recent Supreme Court and Court of Appeals cases have made the Guidelines advisory, because sentences that fall within the guidelines are presumed reasonable and most likely protected from successful appeal, most judge’s still rely on guidelines and depart only in unusual circumstances or by agreement of the parties.
The recent cases affecting the sentencing guideline do not affect mandatory minimum sentencing laws that impose harsh minimum sentences on certain crimes involving drugs, weapons and crimes of violence.
The guidelines can be cruel and often fail to take into account the individual circumstances of the defendant. Therefore, because of harsh sentences, coupled with the fact that there is no parole in the federal system, it is important that a defendant’s sentence be fought just as vigorously as the guilt/innocence phase of the trial.
Therefore, if you are charged with a criminal offense before the federal courts, it is important to retain an experienced federal criminal defense lawyer to help you wade thru its complicated codes, rules and procedures. The federal courts and their unique set of priorities are significantly different than state courts. It is vital that a defendant charged in federal courts have a lawyer that appreciates these differences and can use them to the defendant’s advantage. All too often, defendants are represented by good intentioned lawyers who only practice in state courts and miss valuable opportunities for the most positive outcome of their client’s case.
John T. Floyd is an experienced Federal Criminal defense Lawyer who has fought against prosecutors in state and federal courts for over 10 years. Mr. Floyd has significant contacts throughout the United States and can tailor a defense to the unique needs and abilities of any client. He can quickly assemble a team of lawyers and experts together to present a vigorous defense any government prosecutor would find formidable.
If you have any further questions, or would like to discuss your case further, please contact a dedicated Federal Criminal Defense Lawyer by phone at 713-224-0101 or by e-mail at jfloyd@JohnTFloyd.com
Houston Federal Criminal Lawyer John T. Floyd represents individuals and businesses in Federal Courts in Houston and throughout the United States.
Serious Federal Criminal Defense Throughout the United States
FEDERAL
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