Texas Criminal Defense Trial Lawyer – Attorney James Sullivan 281-546-6428 http://www.texascriminaltriallawyer.org Based in Houston, Offers State Wide Criminal and Juvenile Defense | Board Certified in Juvenile Law Mon, 10 Jul 2017 04:16:18 +0000 en-US hourly 1 https://wordpress.org/?v=4.8.1 29379809 Houston Juvenile Record Sealing | Harris County Juvenile Attorney http://www.texascriminaltriallawyer.org/2017/07/10/houston-juvenile-record-sealing-harris-county-juvenile-attorney/ Mon, 10 Jul 2017 04:15:14 +0000 http://www.texascriminaltriallawyer.org/?p=10741 Sealing Juvenile Records in Harris County

 

Houston Juvenile Law Attorney

The State of Texas allows the sealing of most juvenile criminal records. Having these records sealed by an attorney ensures your or your child’s juvenile record doesn’t show up on criminal background checks. Colleges, prospective employers and the military all do criminal background checks on applicants.

Attorney James Sullivan is a Juvenile Law expert. Sullivan has practiced juvenile law since 1994 and has been Board Certified in Juvenile Law since 2004. Call Sullivan at (281) 546-6428 to discuss the sealing of your child’s juvenile records.

Unlike adult non-disclosure (record sealing) cases, a juvenile is not required to complete a deferred adjudication probation to be able to get their records sealed. Even if a juvenile is convicted of a crime, a juvenile’s delinquent record can be sealed as long as he or she:

  • did not receive a determinate sentence (which may have been determinate probation or a determinate sentence to the TJJD);
  • is not currently registered as a sex offender; or
  • was not certified to be tried as an adult.

Juveniles can get felony records sealed at age 19 (and possibly sooner if the juvenile successfully completed a drug court program or a sex offender treatment program) and misdemeanor records sealed two years after the end of probation.

If a juvenile successfully completes a deferred prosecution (a form of pretrial diversion), the juvenile can get his records sealed as soon as he successfully completes the deferred prosecution (usually 6 months).

Contact James G. Sullivan and Associates | Houston Juvenile Record Sealing Lawyers

Juveniles have their entire lives ahead of them, so do not let one mistake as a teenager ruin your child’s future. Contact Houston Juvenile Law Attorney James Sullivan at (281) 546-6428 to have him draft and file a petition to seal your juvenile’s records.

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Terroristic Threats Attorney | Houston Violent Threat Charges Lawyer http://www.texascriminaltriallawyer.org/2017/07/10/terroristic-threats-attorney-houston-violent-threat-charges-lawyer/ Mon, 10 Jul 2017 04:05:36 +0000 http://www.texascriminaltriallawyer.org/?p=10738 Houston Terroristic Threat Defense

For most people the word terroristic conjures up images of vicious threats or horrific attacks by ISIS against innocent people. However, the term terroristic threat has a broader meaning and is generally understood as a threat of violence to a person in order to place that person in fear of imminent serious bodily injury. In Texas, law enforcement takes terroristic threats very seriously. Both adults and juveniles can be arrested and charged with making terroristic threats.

Terroristic threats are used for purposes of intimidation or coercion, but sometimes a person is accused of making such a threat based on statements that were taken mostly out of context. While Americans have a right to free speech, the First Amendment does not protect all types of speech, such as language that is meant to incite the masses toward lawless action. In order to be convicted of making a terroristic threat, the prosecutor has the burden to prove that the person had the necessary criminal intent and that burden can sometimes be difficult to make.

Defense Attorneys for Terroristic Threat charges in Harris County

If you or your loved one was arrested in southeast Texas for allegedly making terroristic threats, you should have legal representation before speaking with the authorities. The defense attorneys of James G. Sullivan and Associates can fight for you with the goal to get these charges dismissed, reduced or won at trial.

Our experienced criminal defense attorneys represent clients in all the Greater Houston area, including Katy, Cypress, Jersey Village, Bellaire, Spring, Humble, Pasadena, Channelview, Conroe, The Woodlands, Hempstead, Richmond, Sugar Land, Missouri City, Pearland, Angleton, Friendswood and Galveston.  You can call (281) 546-6428 for a free consultation and case evaluation.

What is a Terroristic Threat in Texas? 

According to Texas Penal Code § 22.07, a person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

  1. cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
  2. place any person in fear of imminent serious bodily injury;
  3. prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;
  4. cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
  5. place the public or a substantial group of the public in fear of serious bodily injury; or
  6. influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Punishment for Terroristic Threat in Texas

Depending on the specific types of alleged activity involved, a terroristic threat charge can be filed as a:

  • Class B Misdemeanor (punishable by up to 180 days in jail and/or a fine up to $2,000);
  • Class A Misdemeanor (punishable by up to one year in jail and/or a fine up to $4,000);
  • State Jail Felony (punishable by up to two years in jail and/or a fine up to $10,000); or
  • Third Degree Felony (punishable by up to 10 years in prison and/or a fine of up to $10,000).

A Class B Misdemeanor charge can be filed against an alleged offender who threatens to commit any offense involving violence to any person or property with intent to place any person in fear of imminent serious bodily injury; or cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies.

A Class A Misdemeanor charge can be filed against an alleged offender who threatens to commit any offense involving violence to any person or property with intent to place in fear of imminent serious bodily injury a member of the alleged offender’s family or household (or otherwise constitutes family or dating violence) or a public servant, or prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place.

A State Jail Felony charge can be filed against an alleged offender who threatens to commit any offense involving violence to any person or property with intent to prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place causing pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance.

A Third Degree Felony charge can be filed against an alleged offender who threatens to commit any offense involving violence to any person or property with intent to cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; place the public or a substantial group of the public in fear of serious bodily injury; or influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Contact James G. Sullivan and Associates | Houston Terroristic Threat Lawyers

If you or your loved one are being investigated or were already arrested for allegedly making a terroristic threat in the Greater Houston area, you should immediately retain legal counsel. James G. Sullivan and Associates can help determine your best possible defense and fight to obtain the most favorable result.

Our Houston criminal defense lawyers represent clients all over Harris County, Montgomery County, Fort Bend County, Waller County, Brazoria County and Galveston County. Call (281) 546-6428 for a free and confidential consultation.

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Harris County Assault of a Family Member by Impeding Breathing Attorney http://www.texascriminaltriallawyer.org/2017/03/11/harris-county-assault-of-a-family-member-by-impeding-breathing-attorney/ Sat, 11 Mar 2017 21:02:18 +0000 http://www.texascriminaltriallawyer.org/?p=10669 Houston Domestic Assault Lawyer James Sullivan Defends Family Violence Cases

Harris County Assault of a Family Member by Impeding Breathing (Choking) Defense

Assault by Impeding Breathing is a serious felony offense in Houston. A conviction for assault by impeding breathing (i.e. choking, strangling, suffocating, smothering) can result in severe penalties, including lengthy prison time and a large fine.  Such a conviction can also adversely impact your future, such as by losing many educational, employment, housing and public assistance opportunities.  A conviction for such a crime of violence will also prevent you from ever owning or possessing a firearm.

It is important to hire an experienced Houston criminal defense lawyer because criminal charges for assault by impeding breathing do not have to result in a conviction and the resulting lifelong consequences.  In order to convict you, the state prosecutor must prove to a jury that you committed every element of the felony offense beyond a reasonable doubt.  With an experienced trial lawyer defending you, this is a very difficult burden to meet, and any reasonable doubt in the mind of any of the members of the jury can result in a not guilty verdict or a hung jury.  Therefore, it is vital to contact an experienced criminal attorney in Houston who will fight for you.

If you have been charged with the criminal offense of assault by impeding breathing in Harris county or any of the surrounding counties in Texas, contact James G. Sullivan and Associates for a free phone consultation at 281-546-6428.  Attorney James (Jim) Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.

One wonders if police officers may suggest to an emotionally distraught woman that she was choked in order to make a felony arrest. This may occur when the woman does not complain of being physically injured or threatened, the reason for most misdemeanor assault arrests. A female who is already mad at her boyfriend or husband may go along with the suggestion, not realizing the seriousness of such an allegation. It does seem odd that in some cases the only so-called objective evidence in the police offense report suggesting that such an assault occurred is the officer’s purported observation of “redness” on the woman’s neck, yet no photos were taken of this redness and the victim refused medical treatment. By the time she realizes the seriousness of her mistake, it is too late. Her boyfriend or husband is in jail on a felony bond and faces an uncertain future in whatever career path he is on. As he may be the only breadwinner, her mistake could ruin the family.

Since the law went into effect in 2009, choking arrests have gone up dramatically. According to a Houston Chronicle blog post by reporter Erin Mulvaney entitled “Harris County prosecutors see increase in choking charges”, the number of felony cases filed for Assault Family Member by Impeding Breathing (strangulation) has increased by 40 percent in the first 6 months of 2012 over the same time period as last year.

Harris County prosecutors have seen an uptick in recent weeks in the number of  felony charges against those who choke victims during an attacks, several years after state lawmakers passed a law to stiffen penalties for the offense…

In September of 2009, penalties for assaulting a family member by choking or impeding breathing became more severe, raising the offense level to a third degree felony. In the first six months of this year, there have been approximately 40 percent more cases filed under this statute than in the same time period last year, said Donna Hawkins a spokeswoman for the Harris County District Attorney’s office.

“As people become more aware of the dangers of cutting off a person’s air supply, it is more likely that victims will report this offense, police will arrest defendants, and prosecutors will file these charges,” Hawkins said…

In 2009, a bill sponsored by Rep. Pete Gallego, D-Alpine, became law.  It made a choking an assault a third-degree felony if it included strangulation or suffocation against someone the suspect had been dating or someone in the suspect’s family and a second-degree felony for a second offense.

Proponents of the bill argued that strangling in domestic violence cases was not taken being taken seriously or punished harshly enough. The offense previously was charged as a form of assault, which can be a Class A misdemeanor and does not require a minimum jail time.

Assault by Impeding Breathing (choking) in Houston

According to section 22.01(b)(2)(B) of the Texas Penal Code, an individual can be charged with assault of a family member by impeding breathing if they were–

intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth

The law of assault by impeding breathing applies to a person whose relationship to or association with the accused is described as

  • “dating relationship”, a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. Texas Family Code §71.0021(b).
  • “family”, individuals related by consanguinity or affinity (see §573.022 and 573.024, Texas Government Code), individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
  • “household”, a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

Punishment for Assault by Impeding Breathing (strangulation) in Houston

Chapter 12 of the Texas Penal Code lists the felony punishment for assault by impeding breathing in Houston.

Assault by impeding breathing is usually charged as a third degree felony.  A conviction for such a felony is punishable by a prison sentence ranging from two to 10 years and a fine up to $10,000.

Grand Jury Defense for Assault by Impeding Breathing Charges

If you are accused of assault by impeding breathing, you should contact an experienced criminal defense attorney right away because he may be able to win your case at the grand jury. Once your felony case has been indicted by the grand jury, this option is no longer available.  Attorney James Sullivan has fought and won many felony cases at the grand jury level over his 20 years of legal practice, including 6 assault by impeding breathing cases as well as over 35 other types of felony cases just since November 2008. When a case is dismissed (no billed) by the grand jury, the accused may have the immediate right to seek an expunction of the felony charge from their record.  Sullivan has been able to do this for many of his clients accused of felony offenses.  One of his many client reviews on AVVO:

Very Strategic Attorney for a Criminal Case

First and foremost, few people ever have to deal with the criminal circumstances in life. Life is uncertain, and unexpected things happen. But if you have attorney like James Sullivan on your side, your anxiety should either lessen or stop all together.
My life shattered into pieces when my wife called the police on me for a small argument. When the police arrived at the house, she falsely accused me of choking her and beating her. I was taken to jail. After I posted bond, the first thing I had to do was to find the” best of the best” attorney in Houston. After careful reviews, I found Mr. Sullivan to be an excellent Attorney choice for my case.
What makes Mr. James (Jim) Sullivan the best –of the best?

I contacted him directly to his personal cellphone. He scheduled me a time slot. Even after the schedule, he was very willing to listen to my side of the story. We spent about 30min discussing the case. When I reached his office the same day for a sit down, he was able to share a lot of his personal detail, which was very nice of him to describe himself and also get to know me better. From our hour long conversation, I came out very confident of my case.
He is a very strategic guy. He suggested various strategies to tackle my case. I followed all his recommendations and he was always there to listen to me. He was available at any time of the day through text, email, and cellphone.
On my case, I was initially assigned a court appointed attorney. After discussing my case with Mr. Sullivan, he took over the case on 23rd of January. With all our team work and his creative mind, he was able to get the case dismissed by the Grand Jury on 23rd of February (one month exactly – Case Dismissed – Outstanding Job – Very Impressive). I am very pleased with Mr. Sullivan’s Work ethics, communication, strategies, and personal skills.
Again, I would like to thank Mr. Sullivan for his help in making my life normal again!!
And out there, whoever is lost deciding an Attorney to choose from a crowd, Pick Mr. Sullivan, and I assure you that he will do his best to give you, your outstanding results.

–Posted by Raj Nepal on February 24, 2017

Contact a Houston Criminal Lawyer

Attorney James Sullivan is an experienced Houston Criminal Defense Attorney serving Harris county and Texas since 1994. Sullivan graduated from Gerry Spence’s Trial Lawyers College, the most selective and prestigious trial advocacy program in America.
Harris County criminal lawyer James Sullivan has successfully represented a number of men falsely accused of the serious felony of assault of a family or household member by impeding breathing (strangulation).  By way of detailed defense packets, Sullivan has persuaded the grand jury to no bill (dismiss) 7 such charges since the law was implemented. Sullivan has also prepared and set such cases for jury trial which the prosecutor then chose to dismiss on the trial setting. Certainly each case is different.  Similar results may not be obtained in your case and past performance is no guarantee of future results.

You can call James Sullivan and Associates for a confidential free consultation  at (281) 546-6428.

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White Collar Crime | Houston Criminal Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2016/12/09/white-collar-crime-houston-criminal-lawyer/ Fri, 09 Dec 2016 15:31:14 +0000 http://www.texascriminaltriallawyer.org/?p=10612 White Collar Crime

If you have been charged in Houston with theft, writing bad checks, fraud, identity theft, money laundering, bribery, illegal gambling, embezzlement or any other kind of white collar crime, it is important to contact an experienced criminal defense lawyer. White collar crimes usually involve criminal activities committed by people in the regular course of their business. While these crimes may seem less serious than violent criminal offenses and their respective punishment less severe, do not take the criminal charges lightly. The district attorney’s office will work just as hard to prosecute you for a white collar offense.

If you are facing charges in Harris County for a white collar crime, your future depends on the decisions you make today. If convicted, you could face severe punishments and penalties for both felony and misdemeanor white collar crimes, including a criminal record, prison or jail sentence and large fines.

Whether you are charged with a white collar crime in Harris County or a surrounding county, the prosecutor still has the burden to prove that you committed the crime beyond a reasonable doubt. It is the criminal defense attorney’s job to craft your best defense and work hard to prevent the prosecution from meeting their burden of proof.

Houston White Collar Crime Lawyer

If you have been charged with a white collar crime in Harris County or the surrounding counties of Montgomery County, Fort Bend County, Liberty County, Chambers County, Brazoria County and Waller County, contact the law offices of James G. Sullivan and Associates for a free consultation at (281) 546-6428.

White Collar Criminal Offenses in Texas

White collar crime refers to financially motivated nonviolent crime usually committed by business and government professionals. These crimes involve deception, manipulation, concealment or breach of trust. The victims of white collar crimes frequently do not realize a crime has been committed against them until months and sometimes even years later.

White collar crimes are usually considered nonviolent and illegal activities that involve deceit, manipulation, breach of trust or concealment. Often the victims of white collar crimes have been so minimally affected they don’t even realize a crime has been committed against them. The following are some of the more common white collar crimes–

FORGERY – a person can be charged with forgery under Texas Penal Code § 32.21 if he alters, makes, completes, executes or authenticates a writing with the intent to defraud or harm another person. Depending on the circumstances of the offense, this offense is punishable as a Class A misdemeanor, state jail felony or felony of the third degree.

CREDIT CARD ABUSE – a person can be charged with credit card abuse under Texas Penal Code § 32.31 if he:

  • Presents a credit or debit card with the intent to obtain some benefit fraudulently, knowing the card was not his and without the consent of the owner,
  • Presents a credit or debit card with the intent to obtain some benefit knowing the card was expired or had been revoked or cancelled,
  • Uses a fake credit or debit card or fake credit or debit card number with the intent to obtain a benefit,
  • Receives a benefit he knows was from credit card fraud,
  • Steals a credit or debit card,
  • Receives knowingly a stolen credit or debit card with the intent to use it, sell it, or give it to another person who is not the actual owner,
  • Buys a credit or debit card from a person he knows is not the issuer of the card,
  • Sells a credit or debit card and is not the issuer of the card,Uses or induces the cardholder to use the cardholder’s credit or debit card to obtain property or service for his own benefit which the cardholder is financially unable to pay,
  • Possesses a credit or debit card with the intent to use it when he is not the owner and does not have the owner’s consent, and/or
  • Possesses two or more incomplete credit or debit cards that have not been issued to him with the intent to complete the cards without the issuer’s consent.

This offense is usually punishable as a state jail felony; however, it is punishable as a third degree felony when it is committed against an elderly individual.

IDENTITY THEFT – a person can be charged with identity theft under Texas Penal Code § 32.51 if he obtains, possesses, transfers or uses an item of the following with the intent to harm or defraud another person–

  • Identifying information of another person without the other person’s consent,
  • A deceased person’s information that would be identifying information if that person were alive, and/or
  • Identifying information of a child younger than 18 years of age.

Based on the items of information obtained, possessed, transferred or used, this offense ranges from a state jail felony to a first degree felony.

MONEY LAUNDERING — A person can be charged with money laundering under Texas Penal Code § 34.02 if he knowingly:

  • Acquires or maintains an interest in, conceals, possesses, transfers or transports the proceeds of criminal activity;
  • Conducts, supervises or facilitates a transaction involving the proceeds of criminal activity;
  • Invests, expends, receives, or offers to invest, expend or receive the proceeds of criminal activity or funds the person believes are the proceeds of criminal activity; or
  • Finances or invests, or intends to finance or invest funds the person believes are intended to further the commission of criminal activity.

Based on the value of the funds, this offense ranges from a state jail felony to a first degree felony.

INSURANCE FRAUD – a person can be charged with insurance fraud under Texas Penal Code § 35.02 if he commits an act in support of a claim for payment under an insurance policy with the intent to defraud or deceive an insurer.  Depending on the value of the claim, the punishment range for this offense is from a Class C misdemeanor to a felony of the first degree.

BRIBERY – a person can be charged with bribery under Texas Penal Code § 36.02 if he offers, gives, or agrees to give to another, or requests, accepts, or agrees to accept from another:

  • Any benefit as consideration for the recipient’s decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter;
  • Any benefit as consideration for the recipient’s decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding;
  • Any benefit as consideration for a violation of a duty imposed by law on a public servant or party official; or
  • Any benefit that is a political contribution or expenditure if the benefit was offered, given, requested, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit.

The offense is punishable as a second degree felony.

Punishment for White Collar Crime in Texas

The punishments and penalties associated with white collar crimes are listed in Texas Chapter 12 of the Texas Penal Code. However, a person may receive a more severe punishment depending on the type of white collar crime he committed and whether he has a criminal record.

A class C misdemeanor is punishable by a fine up to $500.

A Class B misdemeanor is punishable by a fine not to exceed $2,000, a  jail sentence of up to 180 days, or both.

A Class A misdemeanor is punishable by a fine not to exceed $4,000, a  jail sentence of up to one year, or both.

A state jail felony is punishable by a state jail sentence ranging from 180 days to two years and a fine of up to $10,000.

A felony of the third degree is punishable by a prison sentence ranging from 2 to 10 years and a fine of up to $10,000.

A felony of the second degree is punishable by a prison sentence ranging from 2 to 20 years and a fine of up to $10,000.

A felony of the first degree is punishable by a prison sentence ranging from 5 to 99 years or life and a fine up to $10,000.

James G. Sullivan and Associates | Houston White Collar Offense Attorney

Contact the law office of James G. Sullivan and Associates at (281) 546-6428 for a free phone consultation about your white collar crime charges in the Greater Houston area.  James Sullivan is an experienced Houston criminal defense lawyer who will work hard and strive to get you the best result.

James Sullivan graduated from the Trial Lawyers College founded by legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers, an organization composed of reputable trial lawyers. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact Attorney James Sullivan if you have been charged with a white collar crime in Houston, or any of the surrounding areas in Texas, including Cypress, Katy, Spring, Pasadena, Conroe, The Woodlands, Richmond, Sugar Land, Hempstead, Liberty, Pearland or Angleton.

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Anatomy of a Win – a Juvenile Deadly Conduct Case in Harris County http://www.texascriminaltriallawyer.org/2016/07/31/anatomy-of-a-win-a-juvenile-deadly-conduct-case-in-harris-county/ Sun, 31 Jul 2016 05:44:54 +0000 http://www.texascriminaltriallawyer.org/?p=10606 James Sullivan graduated from Gerry Spence’s Trial Lawyers College, the most selective and prestigious trial advocacy program in America. Sullivan is board certified in juvenile law and has a proven record of defending children in courts throughout southeast Texas.  In this post, Sullivan describes a recent jury trial win in Harris County juvenile court–

On July 11, I tried a felony deadly conduct case to a jury in juvenile court. My 15 year old client was falsely charged and it was blatant. I was hired in late May to replace the court-appointed attorney. Within a two week period of time, I had 3 separate detention hearings before 3 separate judges, and they all refused to release my client from detention. I was outraged at the system that kept an innocent child locked up on a false charge while the actual adult perpetrator got off easy with only 3 days in jail for a misdemeanor. So, on June 21, immediately after that third denial, I asked for a speedy jury trial and was able to secure a trial date within 3 weeks.  In Harris County, this was probably the fastest juvenile case ever to get to a jury trial–only 7 weeks from the date of arrest.

There was also a surveillance video that recorded the actual shooting. It seemed clear that my client was not the shooter, but the prosecutor turned a blind eye to the obvious and chose to “believe” three biased witnesses, including the investigating officer, who claimed that they “positively identified” my client from the video as the shooter. The actual shooter was a 21 year old man who had befriended and badly influenced my client. That man was drunk and shot a stop sign twice with his .40 caliber handgun and there was an occupied house across the street behind it. That man was actually arrested that night with unlawfully carrying a weapon and only spent 3 days in jail. The only issue at trial was: who shot the stop sign?

The day after the shooting a homeowner discovered that his security camera actually captured the incident, and two other neighbors (who were on the board of the HOA) lied and claimed that it was my client on the video who did the shooting. I believe they were angry that my client was not also arrested the night before. When the police arrested my client that next night, he happened to be wearing the same colored clothing as in the video, but it was still obvious based on the body size, hair style and other characteristics that my client was not the shooter. My client is 5’5″ and 130 lbs and the shooter is 5’7″ and 160 lbs.

I told the prosecutor to dismiss the case on June 21 after viewing the videotape. By then my client had already spent over 4 weeks in juvenile detention. After he refused to dismiss it, I set it for a jury trial.

The week before trial I spent several days in that neighborhood meeting with and interviewing witnesses to what really happened that night and who could also identify the two parties.  In addition to those 8 witnesses, I also filed a subpoena for the officer who arrested the actual shooter that night. Based on the video alone, I fully expected the prosecutor to dismiss the case the morning of trial. The prosecutor might have chosen to “believe” the unbelievable, but I thought he was smart enough to realize that a jury of 12 rational people would not be so easily duped. Apparently, he thought otherwise, so I got to have a great day getting justice for my client.

During cross-examination, I was able to get the arresting police officer to concede that he could not describe the shooter’s face, clothing type nor even the shooter’s race or ethnicity from a photo I made from the video.  Another  State’s witness (the president of the HOA), as soon as he took the witness stand, actually revealed his prejudice for all to see by calling my client a “peckerwood”.  During cross-examination, I got him to even identify my client as the non-shooter in the video!

Through cross-examination of his witnesses, I showed how blatantly false his witness’ accusations were. The prosecutor actually subpoenaed the actual shooter to trial but did not call him as a witness.  After the prosecutor rested his case, I then put on my 9 witnesses to tell the real story of what happened that night. I also called the shooter to the stand and among other things he admitted that he had a gun that night, pleaded guilty to the carrying a weapon charge and only spent 3 days in jail.

Right after the not guilty verdict was announced, both prosecutors hurried straight out of the courtroom.

Based on the descriptions of the two males above, you can look at the image and judge for yourself.

My client’s mother wrote a kind review on Avvo

In late May of 2016 my 15 year old son was arrested and taken to the juvenile detention center for a felony crime he did not commit, Deadly Conduct. After being falsely accused and wrongfully admitted to the Harris County Juvenile Detention Center, I met with and hired Mr. Sullivan. He walked us through the process and helped my family and son better understand what needed to be done. The day of the detention hearing in court, we had all of the proof and evidence to help get my son out of detention. The judge of the court was completely unjust. After refusing to consider the video evidence that proved my son’s innocence or to even hear from my family members who were willing to supervise my son at all times if released, the judge quickly ruled to keep my innocent son detained. Mr. Sullivan was furious at the system that caused my son to be arrested and held for a crime he did not commit while at the same time the adult who actually committed the crime was only charged with a misdemeanor and spent just a few days in jail. Mr. Sullivan immediately requested a trial by jury. We were able to get a trial setting in the next 3 weeks, which was amazing considering the fact that most cases take 3-6 months or longer to get to a trial. Mr. Sullivan explained that court-appointed attorneys such as the one first appointed to my son’s case never take cases to a jury trial, but instead only have bench trials where the judges make the final decision. If the court-appointed attorney had stayed on the case, my son would still be in detention and I believe he would probably have been found guilty by the judge. Instead, thanks to Mr. Sullivan my son was found innocent by a unanimous vote from the jury. Mr. Sullivan stopped at nothing to help our son and prove him innocent. My son walked out of detention 7 weeks later with no record. Mr. Sullivan’s knowledge of the criminal and juvenile justice systems helped in so many ways. Mr. Sullivan was not pushy, arrogant, or air-headed like most attorneys. Instead, he kept a down-to-earth low-profile, encouraged my son as if he were his own and won our case successfully and peacefully. Thank you so much Mr. Sullivan for helping my family and my son!

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Harris County Juvenile Sex Crime Defense Attorney http://www.texascriminaltriallawyer.org/2016/06/05/harris-county-juvenile-sex-crime-defense-attorney/ Sun, 05 Jun 2016 17:53:24 +0000 http://www.texascriminaltriallawyer.org/?p=10581 Juvenile Sex Offender Treatment, Polygraph Testing and an Undiagnosed Mental Health Issue: An Unusual Case Study of “Thinking Outside the Box”
In 2015, I was hired to represent a 16 year old boy who was charged with a serious felony sex offense involving a young child in Montgomery County and who lived in a nearby county.  As I do with all my juvenile clients, I spent a great deal of time getting to know my client, the accusation against him and the family dynamics.  The teenager was honest about what happened, he and his parents did not want to contest the charge at trial and they all agreed that sex offender therapy was appropriate and necessary.
After much negotiation, the prosecutor offered a regular indeterminate probation so long as my client first successfully completed a sex offender treatment program (SOTP).  This meant that my client could get his juvenile record sealed at age 19 and would not have to register as a sex offender.  If my client was unsuccessful with the SOTP, then he would receive a determinate sentence which meant he could be on probation or sent to the Texas Juvenile Justice Department (formerly TYC) for a number of years with transfer to adult prison, could never get his records sealed and would probably have to register as a sex offender until age 28.  The difference in possible outcomes was huge.  I was skeptical of the deal because I knew that polygraph testing at best is only about 85 percent accurate, but it was also the only way the prosecutor would offer my client a path to receive an indeterminate probation, and ultimately it was my client’s decision.  My client and his parents agreed to accept the prosecutor’s offer.
The first part of the SOTG consisted of writing down a complete sexual history, revealing all sexual conduct with all people that the teenager had had up to that point in his life.  The polygraph testing (i.e. lie-detector test) was then used to confirm whether or not he was being honest about revealing his complete history.  After being tested, the forensic polygraph examiner (FP) claimed that my client’s examination indicated deception, that he was not being honest.  A later examination resulted in an inconclusive result, and the FP claimed that my client was deliberately trying to thwart the process by taking deep breaths prior to answering the important questions.  I retained a private FP to administer the test and the result also came back inconclusive.  I was very concerned for my client because I and his family both believed that their son was being truthful.
The consequence for not successfully completing his SOTP would be catastrophic to his future.  By now, the prosecutor wanted to schedule a court hearing to have my client adjudicated with a determinate sentence.
I questioned my client’s father about whether his son had ever been diagnosed with a mental health issue.  He then told me that seven years earlier his son had been diagnosed with generalized anxiety disorder (GAD), but that he had not taken medication for it for several years.  I knew that GAD could affect polygraph testing.  According to Dr. James Allan Matte in his book Forensic Psychophysiology Using the Polygraph,
“the continued state of heightened anxiety in individuals with GAD results in chronic arousal of the autonomic nervous system… The FP must be cautious when interpreting such profiles due to this chronic arousal which cannot be directly attributed to the FP’s questioning but rather is a reflection of general nervous tension”.
I also suspected that my client’s mental health issue was deeper and more complex.  I knew that individuals with Asperger’s Syndrome, now considered part of the Autism Spectrum Disorder (ASD), are often first misdiagnosed with a variety of illnesses, including GAD, bipolar disorder, etc.  In fact, autism impacts the autonomic nervous system the same way as GAD and as a result it adversely impacts and skews the results of polygraph testing.  With either illness, it is impossible for a polygraph examiner to prove that a failed test is the result of actual deception rather than the illness itself.
Based on my client’s body language, lack of eye contact and mental health history and also that his father was an engineer, I suspected my client might have Asperger’s.  I suggested that he take an online test to see if he might fall within the range.  The test indicated that he probably did have Asperger’s.  I recommended that he undergo a formal evaluation by a trained psychologist.  The process took two weeks, and the psychologist confirmed my suspicion that my client did in fact have Asperger’s and also agreed that the illness adversely affected polygraph testing.
I furnished the results of the psychological evaluation to the prosecutor and to the probation department.  I requested that polygraph testing be waived in my client’s SOTP and that he be placed on an indeterminate probation in his home county.  It took some time to persuade the prosecutor to do the right thing.  Initially, he argued that autism did not affect polygraph testing and then made the incredulous claim that there were in fact many juveniles with autism in his county’s SOTP that were passing polygraphs.  Next, he argued that he never would have made the offer in the first place had he known my client had autism.  I told him that would be discrimination against the disabled.  I had already consulted with a civil rights attorney that was prepared to file a federal lawsuit against the county government if the prosecutor persisted in his course of action to have my client adjudicated for a determinate sentence.
Finally, ten months after I was hired and three months after my client was diagnosed with Asperger’s, the prosecutor relented and agreed to an indeterminate probation until age 18, defer the decision regarding sex offender registration, SOTP without polygraph testing and to transfer the probation to my client’s home county.
My client’s SOTP counselor confirms that he is doing well in his treatment program.  My client now understands himself better and can seek out professional help in learning to deal with some of the cognitive deficits of Asperger’s.
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I was blessed to have been able to use my unique knowledge and understanding of juvenile law and psychology to save a client from a painful and uncertain future.  I am also certified in juvenile law by the Texas Board of Legal Specialization. I doubt if any other juvenile attorney could have obtained the same result.
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Houston Firearm Defense Lawyer | Harris County Weapon Offense Attorney http://www.texascriminaltriallawyer.org/2016/03/30/houston-firearm-defense-lawyer-harris-county-weapon-offense-attorney/ Wed, 30 Mar 2016 15:37:55 +0000 http://www.texascriminaltriallawyer.org/?p=10574 Firearm / Weapon Offenses

Individuals who are charged with a firearm or weapon offense in Houston frequently commit this criminal offense unknowingly.  Under Texas law, almost anyone can possess a firearm in an enclosed location in their vehicle or in their home.  However, an individual can be charged with a misdemeanor or felony offense if he carries his handgun in an unlawful place or is prohibited from carrying a weapon because he is a convicted felon.

The possible penalties for committing a gun or weapon crime in Houston are serious, including a permanent criminal record, high fines, inability to possess or own a firearm in the future and/or jail or prison time.

If you are charged with a firearm or weapon offense in Houston, it is important to hire an experienced criminal defense attorney who will fight for your rights, freedom and future.  The prosecutor has the burden to prove each element of the charges against you beyond a reasonable doubt.   This means if the jury has a reasonable doubt in their mind, the jury should find you not guilty.

Houston Weapon Offenses Lawyer

If you are accused of committing a firearm or weapon offense in Harris County, or any of the surrounding counties in Texas, including Montgomery, Fort Bend, Waller, Liberty or Brazoria, call the Law Office of James G. Sullivan & Associates for a free consultation at 281-546-6428 about your firearm or weapon charges.  Sullivan knows the law and will make every effort to achieve a dismissal, a not guilty or a reduction in the charges against you.

Firearm and Weapon Examples

Section 46.01 of the Texas Penal Code lists the weapons, guns and firearms that may be prohibited and/or could result in a criminal offense:

    A knife,

    Armor-piercing ammunition,

    Blackjacks,

    Bowie knives,

    Chemical dispensing devices,

    Clubs,

    Daggers,

    Explosive weapons,

    Firearm silencers,

    Handguns,

    Illegal knives,

    Knuckles,

    Mace,

    Machine guns,

    Nightsticks,

    Short-barrel firearms,

    Spears,

    Switchblade knives,

    Swords,

    Tomahawks, and/or

    Zip gun.

Firearm and Weapon Offenses

Under Texas law, an individual who is charged with any of the following criminal weapon offenses could face severe penalties and consequences:

According to Texas Penal Code§ 46.02(a), an individual can be charged with unlawfully carrying a weapon if he intentionally, knowingly or recklessly carries a weapon on his body when not on his property or inside his vehicle.  This offense can be charged as a Class A misdemeanor or a felony of the third degree.

According to Tex. Penal Code § 46.02(a-1), an individual can be charged with unlawfully carrying a firearm if he intentionally, knowingly or recklessly carries a handgun on his person or in his vehicle:

    that is in plain view,

    when he is engaging in criminal activity,

    when he is prohibited from having a firearm in his possession, or

    if he is a member of a criminal street gang.

This charge can result in a conviction of a Class A misdemeanor or of a felony of the third degree.

According to Tex. Penal Code § 46.02, an individual can be charged with unlawful possession of a firearm if he possesses a firearm and:

    has been convicted of a felony and possesses the firearm before he has been released from confinement for five years;

    has been convicted of domestic assault and possesses the firearm before he has been released from confinement or community supervision for five years; or

    he is an employee of the State and possesses the firearm before the expiration of a protective or restraining order against him.

This offense is punishable as Class A misdemeanor or felony of the third degree.

An individual can also be charged with a weapons offense if he possesses a weapon during the commission of a serious criminal offense.  Commonly referred to as aggravated offenses, these offenses can include, but are not limited to, the following:

    Aggravated Assault,

    Aggravated Kidnapping,

    Aggravated Robbery, and/or

    Aggravated Sexual Assault.

Additionally, an individual who knowingly carries a weapon in a prohibited public place can be charged with a criminal offense.  These places can include, but are not limited to, the following:

    Schools,

    Polling places on election day,

    Racetracks,

    Courthouses, and/or

    Airports.

Texas Concealed Weapon Carry Laws

According to Chapter 411 Subchapter H of the Texas Government Code, individuals in Texas who have applied for and met the requirements for a license to carry a concealed handgun are permitted to carry a handgun in a public place that does not sell alcohol.

In order to meet these requirements, an individual must not have a felony conviction, must be in compliance with all state and federal laws and meet other listed criteria.

An individual may be disqualified from receiving a concealed handgun license if he:

    Has any currently pending criminal charges,

    Has any alcohol, drug, chemical or substance dependency,

    Has been diagnosed with certain types of psychological disorders,

    Has defaulted on state or city taxes, governmental fees or child support, and/or

    Has a protective or restraining order against him in place.

Firearm and Weapon Penalties

Chapter 12 of the Texas Penal Code lists the basic statutory penalties for firearm, weapon and gun crimes in Texas.  However, these penalties can increase depending on a variety of factors, including the type of offense the person allegedly committed, where the offense allegedly occurred, whether the alleged offense involved a minor, whether the person is considered a violent offender and whether the alleged offender has any criminal history.

    A conviction for a Class B misdemeanor weapons offense can result in a jail sentence up to 180 days and/or a fine up to $2,000.

    A conviction for a Class A misdemeanor weapons offense can result in a jail sentence up to one year and/or a fine up to $4,000.

    A conviction for a state jail felony weapons offense can result in a state jail sentence ranging from 180 days to two years and/or a fine up to $10,000.

    A conviction for a felony of the third degree weapons offense can result in a prison sentence ranging from two to ten years and/or a fine up to $10,000.

    A conviction for a felony of the second degree weapons offense can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.

    A conviction for a felony of the first degree weapons offense can result in a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.

Firearm and Weapon Resources in Houston

Texas Department of Public Safety (DPS) – Concealed Handgun Licensing Program – The Texas DPS website provides general information on concealed handguns in Texas, how to apply for a concealed handgun in the state, answers to frequently asked firearm and gun questions, and Texas laws regarding firearm and weapon laws.

National Rifle Association (NRA) – The NRA is a national organization that promotes the Second Amendment right to bear arms in the United States and encourages responsible firearm education for every citizen.

Texas Concealed Handgun Association (TCHA) – This Texas organization supports every responsible and law-abiding citizen in Texas to lawfully keep, own and carry firearms, in addition to seeking to improve handgun laws in Texas, promoting responsible firearm safety and use, and encouraging high standards for firearm instruction and safety.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – Houston Field Division – The ATF Houston Field Division is responsible for criminal enforcement and industry regulatory activities throughout north Texas.  The ATF is a national agency focused on reducing violent crime, including arson and explosive-related crime throughout the U.S.  The Houston Field Division is located at:

ATF Houston Field Division

5825 N. Sam Houston Pkwy, Suite 300
Houston, Texas 77086

Tel.: (281) 716-8200

The Law Offices of James G. Sullivan & Associates | Harris County Firearm Crime Lawyer

If you are accused of committing a firearm or weapon offense in Harris County, or any of the surrounding counties in Texas, including Montgomery, Fort Bend, Waller, Liberty or Brazoria, call the Law Office of James G. Sullivan & Associates for a free consultation at 281-546-6428 about your firearm or weapon charges.  Sullivan knows the law and will make every effort to achieve the best outcome for your situation.

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Pre-Trial Diversion Program in Harris County Texas http://www.texascriminaltriallawyer.org/2015/10/04/pre-trial-diversion-program-in-harris-county-texas/ Sun, 04 Oct 2015 21:01:56 +0000 http://www.texascriminaltriallawyer.org/?p=10570 Harris County Pre-Trial Diversion (Intervention) Program

In Texas, there are two kinds of probation (community supervision): probation and deferred adjudication. With probation, the person receives a criminal conviction but his jail or prison sentence is probated. With deferred adjudication, the person does not receive a conviction so long as he successfully completes the terms of the deferred adjudication. In both instances, the person is supervised by the probation department.

Another option to avoid a conviction is Pre-Trial Diversion. This option is more difficult to obtain, however if it is successfully completed a person’s criminal case will be dismissed, and he will have an opportunity at some point to get his record expunged. In order to qualify for a Pre-Trial Diversion, the most important requirement for a person seeking entry into the program is to have a clear criminal record. Usually, even a previously dismissed criminal case will prevent someone from being accepted into the program.

Community Service Requirements for Pre-Trial Diversion

The Pre-Trial Diversion program is extremely difficult to obtain in felony cases. If accepted, the contract with the Harris County District Attorney’s Office is for 1-3 years and the amount of community service is much greater than for misdemeanors.

In misdemeanor cases (other than the Divert Program for DWI cases which is very different), the contract for the Pre-Trial Diversion program is for 6 months. The amount of community service on the misdemeanor contracts is only 16 hours.

Pre-Trial Diversion and Expunction of Criminal Records

Individuals accepted into the Pre-Trial Diversion program on most class B misdemeanor cases (such as a typical shoplifting case) can seek an expunction of their criminal case record right after they finish the program and their case is dismissed. As it usually takes about 60-90 days from the arrest date to be accepted into the program, this means that a person could get their record expunged within 8-9 months of being arrested.

Certain misdemeanor offenses require a 2 year waiting period to seek an expunction after completion of the program. These misdemeanors are:

All other class A misdemeanor cases not mentioned above have a 1 year waiting period.

All other class B misdemeanor cases not mentioned above do not have a waiting period.

Contact James G. Sullivan and Associates

If you were charged with a felony or misdemeanor in Harris County, contact Attorney James (Jim) Sullivan at 281-546-6428 to discuss your case and whether or not it is suitable to seek entry into the Pre-Trial Diversion program.

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Harris County Evading Arrest Lawyer | Houston Evading Detention Attorney James Sullivan http://www.texascriminaltriallawyer.org/2015/07/10/harris-county-evading-arrest-lawyer-houston-evading-detention-attorney-james-sullivan/ Fri, 10 Jul 2015 19:26:25 +0000 http://www.texascriminaltriallawyer.org/?p=10566 Evading Arrest

Evading Arrest by motor vehicle is a serious criminal offense in Texas. It often happens that a driver is unable to stop promptly when the police signal them to pull over, but unfortunately the police sometimes still arrest and charge the driver with a felony evading arrest.

If you were arrested for an evading arrest under these circumstances, it is very important that you contact the law firm of James G. Sullivan and Associates. Our experienced Harris County criminal defense attorneys may be able to persuade the grand jury or prosecutor to dismiss the felony charges because the police misunderstood your intentions or exaggerated what actually occurred.

If you have been charged with the criminal offense of evading arrest in Harris county (Houston), or any of the surrounding counties in Texas, including Montgomery (Conroe), Waller (Hempstead), Liberty (City of Liberty), Fort Bend (Richmond), Brazoria (Angleton), Galveston (City of Galveston) or Washington (Brenham), contact James G. Sullivan and Associates for a free consultation at (281) 546-6428.

It is important that the criminal defense lawyer you hire has experience in successfully handling evading arrest cases. By obtaining and presenting the right evidence, the lawyer may be able to prove your innocence or raise a reasonable doubt in the minds of jurors at trial. Regrettably, many drivers in these circumstances just assume that the court will believe their version of what happened and that their case will just be dismissed. As we all know, our criminal justice system is imperfect and even an innocent person may still face criminal liability.

Evading arrest is the criminal offense charged on those that the police claim did not willingly submit themselves to an arrest or detention. The allegations that the police put in the offense report and the evidence the government presents in court is not always true and correct.

In Texas, evading arrest by vehicle or watercraft is a third degree felony, and evading arrest on foot is a class A misdemeanor, however the charges are increased if there are prior convictions or if someone suffers death or serious bodily injuries as a direct result of the flight. No matter what charge was filed against you by the District Attorney, our experienced criminal defense lawyers can be by your side. We know how to effectively fight an evading arrest charge and can defend you in all stages of the case.

The law firm of James G. Sullivan and Associates has extensive criminal defense experience, which is necessary in defending evading arrest charges. Contact our Houston criminal attorneys at (281) 546-6428 for a free initial consultation.

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Child Pornography http://www.texascriminaltriallawyer.org/2015/03/18/child-pornography/ Wed, 18 Mar 2015 19:19:57 +0000 http://www.texascriminaltriallawyer.org/?p=10562 Houston Child Pornography Lawyer Defends Texas Clients

Child pornography is a very serious sex crime in Texas. A conviction for this felony sex offense carries with it a criminal record, the stigma of having to register as a sex offender for life and years in prison. The mere allegations alone of possessing, distributing or creating child pornography can severely and negatively impact family, work and social relationships and can lead to divorce, increased alcohol or drug use and thoughts of suicide. Before you are overburdened with stress and anxiety, contact an experienced Harris County child porn defense attorney today.

The criminal defense lawyers at James G. Sullivan and Associates work hard to defend the rights and protect the futures of their clients. In addition to over 20 years of experience, they have the necessary knowledge and legal training to defend these challenging cases. Houston attorney James Sullivan was honored to attend the Trial Lawyers College founded by legendary lawyer Gerry Spence and to be invited to join The National Trial Lawyers organization.

Child Pornography and the Internet

Individuals suspected of possession or distribution of child pornography are generally located and tracked online by state and federal law enforcement officers. Then, usually after a brief period of surveillance, task forces move in to seize computers, smart phones and other hardware that could contain images and videos related to the offense.

If law enforcement seized your computer, contact knowledgeable legal counsel immediately. The criminal defense lawyers at James G. Sullivan and Associates will examine the search warrant or other procedures that law enforcement used and will also scrutinize any evidence that they took from your computer. As they are well versed in the law and proper procedures used in child porn cases, the attorneys are better able to spot issues with law enforcement procedures and to rebut the prosecution’s arguments.

The Defense Team that Will Fight for You

An experienced child porn defense team will include trial attorneys and experts who can challenge the government’s allegations and present evidence to back your innocence. James G. Sullivan and Associates will bring in psychologists, computer technicians and other experts to assist in strengthening your defense and rebut the charges against you. In addition to the experts, the experienced trial attorneys will work together to dissect the government’s case from all sides in order to be fully prepared to fight for you throughout all steps of the legal process, from preliminary appearance to jury trial.  They have decades of legal experience fighting felony and misdemeanor cases at trial and get proven results.

Contact a Harris County Possession of Child Pornography Lawyer

If you have been charged with possession of child pornography or any other related sex offense, contact the experienced Harris County child porn defense attorneys at James G. Sullivan and Associates today. They will dedicate their time, talent and energy to defending your rights, freedom and future.

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Sex Crimes http://www.texascriminaltriallawyer.org/2015/03/18/sex-crimes-3/ Wed, 18 Mar 2015 18:59:10 +0000 http://www.texascriminaltriallawyer.org/?p=10559 Houston Sex Crimes Lawyer

Sex Crimes Defense Attorney in Harris County, Texas

A conviction for a felony sex crime carries with it a criminal record, the stigma of having to register as a sex offender and years in prison. The mere allegations alone of committing a sex crime can severely and negatively impact family, work and social relationships and can lead to divorce, increased alcohol or drug use and thoughts of suicide. Before you are overburdened with stress and anxiety, contact an experienced Harris County sex crimes defense lawyer.

The criminal defense lawyers at James G. Sullivan and Associates work hard to defend the rights and protect the futures of their clients. In addition to over 50 years of combined experience, they have the necessary knowledge and legal training to defend these challenging cases. James (Jim) Sullivan was honored to graduate from the Trial Lawyers College founded by legendary lawyer Gerry Spence.

James G. Sullivan and Associates will fight for you if you have been charged with or being investigated for

Harris County Sex Crimes Lawyer

If you have been charged with a sex crime, contact the experienced criminal defense attorneys at James G. Sullivan and Associates today. They will dedicate their time, talent and energy to defending your rights, freedom and future.

Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your sex crime charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

Certainly each case is different.  Similar results may not be obtained in your case and past performance is no guarantee of future results.

OFFENSEACTUAL RESULTSCT #
Indeceny with a Child by Contact (2° Felony) in Brazoria CountyCASE REDUCED AT TRIAL SETTING TO NON-SEX FELONY ENTICING A CHILD with deferred adjudication (Client was accused of touching his young stepdaughter)412th
ONLINE SOLICITATION OF A MINOR (2° Felony) in Montgomery CountyPSI Hearing: 7 years Deferred Adjudication probation (Client was accused of showing up to meet with underage female in HPD sting operation initiated with Craig's List ad. Prosecutor only offered prison time)9th
Sexual Assault (2° Felony) in Harris CountyCASE NOT FILED (Two teenage boys allegedly sexually assaulted a 17 year old female female. Thorough investigation by Sullivan within days of being hired cast serious doubt on the complainant's credibility and was enough to persuade the police to close the investigation without charges begin filed)
Indecency with a Child by Contact (2° Felony) in Montgomery CountyCASE DISMISSED BY STATE PRIOR TO FIRST COURT SETTING (13 year old boy allegedly touched his 5 year old niece inappropriately in his bedroom. Thorough investigation by Sullivan within days of being hired was enough to persuade the prosecutor to do the right thing without client having to go through juvenile processing, an exceptionally rare result)CCL 5
Sexual Assault of a Child (2° Felony) in Fort Bend CountyCASE TO BE CLOSED after completion of Boundary counseling (16 year old boy allegedly forced his girlfriend to have sex with him against her will) – Agreement was reached with prosecutor to not file case and for client to participate in first offenders program.
Indecency with a Child by Contact (2° Felony) in Galveston CountyCASE TO BE DISMISSED after completion of deferred prosecution (13 year old boy allegedly touched a girl inappropriately while riding home on the school bus)CCL 2
Indecency with a Child by Contact (2° Felony) in Waller CountyPSI HEARING: 6 years TDC (Adult client originally faced 25 years to Life on Continuous Sexual Abuse of a Child. Client had sexual contact with a 13 year old stepdaughter over a one year period)506th
Indecency with a Child by Contact (2° Felony) in Montgomery CountyCASE DISMISSED (16 year old boy allegedly touched a female student inappropriately at his high school)CCL 5
Online Solicitation of a Minor (2˚ felony)CASE DISMISSED (19 year old man was accused of talking about sex related topics with a 12 year old girl online although there was no intention of ever meeting up with her. James Sullivan and his associate Nancy Botts totally disagreed with the law that has ruined hundreds of lives by making it a felony just to talk about sex topics with minors online or people pretending to be minors, so they filed a pre-trial writ of habeas corpus challenging the constitutionality of the law. While his appeal was still pending, a similar appeal filed earlier on a different case by a Houston colleague accomplished the same result. On October 30, 2013, the Court of Criminal Appeals declared Texas Penal Code §33.021(b) unconstitutional on 1st Amendment grounds. The next day, the client’s case was dismissed)182nd
Aggravated Sexual Assault of a Child (1˚ felony)NOT GUILTY VERDICT BY JURY (James Sullivan persuaded a jury in the 314th District Court of Harris County to find his 15 year old male client not guilty of molesting his niece. The client was accused of inserting his finger into the sexual organ of his 2½ year old niece and his 4 year old nephew was an alleged eyewitness. The niece did have injuries documented in a medical examination, but a thorough defense investigation uncovered severe credibility issues with the children and their mother, the outcry witness, and other reasonable explanations for the injuries were not investigated by law enforcement. Prior to trial, the State sought a determinate sentence which, if convicted of the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)314TH
Indecency with a Child (2° Felony) in Montgomery CountyCASE DISMISSED BY GRAND JURY (Adult client was accused of sexually abusing his 16 year old nephew) – Case was presented to Grand Jury before charges were filed.
Aggravated Sexual Assault of a Child (1˚ felony) in Montgomery CountyCASE DISMISSED (A 16 year old boy with autism was accused of raping his 14 year old male cousin during a sleepover. Law enforcement failed to interview the accused’s parents, failed to visit the alleged crime scene and failed to investigate the complainant’s father, a registered sex offender with a lengthy history of abusing children, as a possible perpetrator. Before Sullivan could set the case on the trial docket, the State did the right thing and dismissed the case)359th
Indecency with a Child (2° felony) in Montgomery CountyCASE DISMISSED (a 15 year old boy was accused of holding a 15 year old girl down on the floor during class and fondling her through her clothing against her will) 359th
Indecency with a Child (2° felony) in Montgomery CountyCASE DISMISSED (an 11 year old boy was accused of fondling two other students against their will while on the school bus)359th
Aggravated Sexual Assault of a Child (1˚ felony)CASE DISMISSED ON DAY OF JURY TRIAL (A 15 year old boy was accused of having consensual sex with a 12 year old girl in her bedroom while two teenage friends allegedly listened in the adjoining room. Prior to trial, the State sought a determinate sentence which, if convicted of the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)315th
Sexual Assault (2˚ felony)CASE DISMISSED AFTER CASE SET FOR JURY TRIAL (A 16 year old boy was accused of forcibly raping a 17 year old girl at her home. Prior to the dismissal, the State sought a determinate sentence which, if convicted of the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)315th
Indecency with a Child (2° felony)CASE DISMISSED (A 13 year old boy was accused of fondling a 12 year old girl against her will at school. Prior to dismissing the case, the State offered his client probation at home)315th
Aggravated Sexual Assault of a Child (1˚ felony) in Montgomery CountyCASE DISMISSED (A 12 year old boy was accused of fondling a 2 year old girl at his home)359th
Aggravated Sexual Assault of a Child (1˚ felony) in Fort Bend CountyCASE REDUCED TO MISDEMEANOR ASSAULT (A 16 year old boy was accused of fondling with digital penetration his 14 year old sister against her will when he was 14 and she was 12 years old)CCL 2
Aggravated Sexual Assault of a Child (1˚ felony)CASE REDUCED TO MISDEMEANOR ASSAULT ON DAY OF JURY TRIAL (a 16 year old boy was accused of sexually abusing his 6 year old half-sister. Prior to trial, the State sought a determinate sentence which, if convicted on the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)315th
Indecency with a Child (2° felony)CASE REDUCED TO MISDEMEANOR INDECENT EXPOSURE ON DAY OF JURY TRIAL (A 14 year old boy was accused along with two other boys of fondling a 13 year old girl at school against her will. Prior to trial, the State sought a determinate sentence which, if convicted on the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)315th
Indecency with a Child (2° felony)CASE REDUCED TO MISDEMEANOR ASSAULT ON DAY OF JURY TRIAL (a 15 year old boy was accused of fondling a 6 year old girl who was visiting him at home. Prior to trial, the State sought a determinate sentence which, if convicted on the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)313th
Indecency with a Child (2° felony)CASE REDUCED TO MISDEMEANOR PUBLIC LEWDNESS ON DAY OF TRIAL (A 14 year old boy was accused of fondling a 7 year old boy outside in their apartment complex)315th
Aggravated Sexual Assault of a Child (1˚ felony) in Brazoria CountyCASE REDUCED TO NON-SEX FELONY OF ENTICING A CHILD (a 13 year old boy was accused of fondling his 6 year old stepsister. When the boy was 7, he was sexually abused by an older brother but never received any counseling. Unfortunately, six years later, he impulsively acted out on the behaviors he learned at a young age)CCL 2
Sexual Assault of a ChildCASE DISMISSED BY GRAND JURY (Adult client was accused of having sex with 16 year old girl that falsely claimed she was 18) – Case # 1332791185th
(2° Felony)
Failure to Comply with Sex Offender Registration (Habitual Felony enhanced)SENTENCED TO 2 YEARS TDC ON SECOND JURY TRIAL SETTING AFTER ORIGINALLY FACING 25 YEARS TO LIFE IN PRISON (Adult client was accused of failing to register after the 5th year) – Case # 1319150337th
Indecency with a Child by Exposure (1° Felony enhanced)RECEIVED 2 YEARS DEFERRED ADJUDICATION PROBATION AT PRE-TRIAL CONFERENCE SETTING AFTER FACING 5 YEARS TO LIFE IN PRISON (Adult client was accused of exposing himself to teenage stepdaughter) – Case # 1319350337th
Failure to Comply with Sex Offender Registration (3° Felony)CASE DISMISSED (Adult client was accused of violating sex offender registration rules) - Case # 1283222228th
Sexual Assault (2° Felony)JURY TRIAL - JURY FOUND CLIENT GUILTY AND RECOMMENDED PROBATION (Adult client received 5 years of probation. Prior to trial, State’s best offer was 5 years at TDC) – Case # 1072069178th
Sexual Assault of a ChildCASE DISMISSED BY GRAND JURY (Adult client was accused of consensual sex with underage female) – Case # 1283460232nd
(2° Felony)
Motion to De-Register as a Sex OffenderGRANTED (A registered juvenile sex offender was allowed to de-register. Now 18, the client wanted to transfer to Texas A&M)314th
Sexual Assault of a ChildCASE DISMISSED BY GRAND JURY (Client was accused of consensual sex with underage female) – Case # 1264919
(2° Felony)
Motion to Adjudicate Guilt (Indecency with a Child) (2° Felony)MADJ DISMISSED AND ADULT CLIENT RE-INSTATED ON PROBATION - Case # 1114342339th
Sexual Assault of a ChildCASE DISMISSED AFTER CASE WAS SET FOR JURY TRIAL (Adult client faced sex offender registration for life) – Case # 1220515179th
(2° Felony)
Compelling Prostitution of a Child (2° Felony) (Felony Habitual enhanced)SENTENCED TO 5 YEARS TDC PRIOR TO SECOND JURY TRIAL SETTING AFTER FACING 25 YEARS TO LIFE IN PRISON (Adult client was accused of forcing a 16 year old runaway girl to have sex for money)179th
Aggravated Sexual Assault of a Child (1° Felony)CASE DISMISSED BY GRAND JURY (Adult client was accused of molesting his sister-in-law) – Case Expunged177TH
Indecency with a ChildSENTENCED TO 2 YEARS TDC ON JURY TRIAL SETTING AFTER FACING 25 YEARS TO LIFE IN PRISON – Case # 1202760178th
(Felony Habitual enhanced)
Indecency with a Child (3° Felony)CASE DISMISSED AFTER CASE SET FOR JURY TRIAL -- Case # 1063539232nd
Motion to Revoke Probation (Indecency with a Child) (2° Felony) in Fort Bend CountyMOTION TO REVOKE DISMISSED AND JUVENILE CLIENT WAS RE-INSTATED ON PROBATION2
Possession of Child Pornography (2° Felony)5 YEARS PROBATION (Case was first filed in Criminal District Court as an adult case, later dismissed and re-filed in Juvenile Court one week before client’s 18th birthday, an exceptionally rare event. Government knew about child pornography when Client was 16 but did not execute search warrant until one week after his 17th birthday. Client does not have to register as a sex offender)314TH
Sexual Assault of a ChildCASE DISMISSED BY GRAND JURY (Adult client was accused of consensual sex with underage female) – Case # 1231727179th
(2° Felony)
Possession of Child Pornography (2° Felony)CASE DISMISSED – Case # 1218086176th
Promotion of Child Pornography (2° Felony)CASE DISMISSED – Case # 1218087176th
Indecency with a Child (3° Felony)CASE REDUCED TO MISDEMEANOR INDECENT EXPOSURE – Case # 1227653232nd
Indecency with a Child by Contact (2° Felony)CASE DISMISSED315th
Aggravated Sexual Assault of a Child (1° Felony) in Montgomery CountyCASE DISMISSED ON SECOND JURY TRIAL SETTING (Adult client was accused of sexually abusing his adopted daughter. Allegation arose soon after client filed for divorce from his wife) – Case Expunged359th
Indecency with a Child by Contact (2° Felony)CASE REDUCED TO MISDEMEANOR ASSAULT313th
Motion to Adjudicate Guilt (Indecency with a Child) (2° Felony)MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION - Case # 1125649179th
Motion to De-Register as a Sex OffenderGRANTED (A registered juvenile sex offender was allowed to de-register. Now 17, the client wanted to de-register before he applied to attend college)314th
Aggravated Sexual Assault of a Child (1˚ felony) in Liberty CountyPROBATION (a 16 year old mentally challenged boy was caught in the act of fondling a 5 year old boy in the neighborhood. During a lengthy interview by Sullivan with the child at the detention center, the boy divulged that he had been molested at age six by a 14 year old cousin. Sullivan persuaded the State and the court to allow his client to receive probation with an older sister in Harris county)CCL
Aggravated Sexual Assault of a Child (1˚ felony) in Jackson CountyPROBATION (A 15 year old boy was accused of sexually abusing a younger brother over a one year period of time. Like so many juvenile sex offenders, the accused was exposed to explicit sex videos online via unsupervised Internet access at a young age and began acting out with a sibling. The probation department originally recommended placement at TJJD, formerly known as TYC, however Sullivan persuaded the prosecutor to be placed with the grandparents following a 9 to 12 months of sex offender counseling at a private placement at Pegasus School in Lockhart)CCL
Aggravated Sexual Assault of a Child (1˚ felony)PROBATION (A 12 year old boy was caught in the act of sexually abusing his 6 year old cousin. During a series of interviews with Sullivan, the boy divulged that he had been raped by an 18 year old acquaintance that had lived in the neighborhood. Sullivan persuaded the prosecutor to allow his client to receive probation and to live at home with his father)315th
Aggravated Sexual Assault of a Child (1˚ felony) in Montgomery CountyPROBATION (A 12 year old boy was caught in the act of fondling a 5 year old boy in the neighborhood. Sullivan initially persuaded the court to allow his client to stay at home with his parents and younger siblings, however his client later admitted to probation to fondling a younger half-brother in his home. Sullivan then persuaded the court to place his client with his grandmother in Chicago and to receive out-patient counseling even though the probation department sought placement at a residential treatment center)CCL 4

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Houston Insurance Fraud Lawyer James Sullivan Fights for his Clients http://www.texascriminaltriallawyer.org/2015/01/04/houston-insurance-fraud-lawyer-james-sullivan-fights-for-his-clients/ Sun, 04 Jan 2015 21:48:58 +0000 http://www.texascriminaltriallawyer.org/?p=10274 Harris County Insurance Fraud Defense

Among the white collar crimes charged in the Greater Houston area, insurance fraud is one of the most common.  Insurance fraud charges can stem from insurance claims concerning property damage, auto or car collision, fire damage, workers’ compensation, life insurance and medical or healthcare.

Insurance fraud is a serious felony offense.  In addition to lengthy incarceration and steep fines, a felony charge may result in a permanent criminal record that could ruin your reputation, employment and future.  Insurance fraud is also a crime of moral turpitude or dishonesty.  A conviction can cause a person to lose certain professional licenses and to be ineligible to pursue employment in certain jobs or occupations.  Indeed, just being charged with a felony offense can result in extreme stress and anxiety.

It is important to protect your reputation, freedom and future by retaining a criminal defense attorney who can effectively defend you in court.  Just because you were arrested for insurance fraud does not necessarily mean that you have to be convicted of the felony offense.  A skillful trial lawyer may be able to get the charges against you dismissed or reduced to a misdemeanor prior to trial.  In order to convict you at trial, the prosecutor has the burden to prove you committed each and every element of the felony offense beyond a reasonable doubt.  If the jury has a reasonable doubt, you will be acquitted.  Therefore, it is essential to contact an experienced criminal defense lawyer who will work with you to craft the best legal defense.

Houston Insurance Fraud Defense Lawyer

Houston criminal attorney James G. Sullivan is experienced in defending white collar crimes such as insurance fraud.  With over 20 years of criminal defense work, Sullivan has the knowledge and experience to put forth an aggressive and productive defense strategy.

Contact James Sullivan at 281-546-6428 for a free confidential consultation and preliminary case analysis.

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Insurance Fraud in Houston

According to Texas Penal Code § 35.02(a), a person commits insurance fraud if, with intent to defraud or deceive an insurer, the person, in support of a claim for payment under an insurance policy:

  1. prepares or causes to be prepared a statement that:
    1. the person knows contains false or misleading material information; and
    2. is presented to the insurer; or
  2. presents or causes to be presented to an insurer a statement that the person knows contains false or misleading material information.

Depending on the value of the claim, a criminal charge for insurance fraud under this subsection can range from a Class C misdemeanor to a felony of the first degree.

According to Texas Penal Code § 35.02(a-1), a person can also commit insurance fraud if the person, with intent to defraud or deceive an insurer and in support of an application for an insurance policy:

  1. prepares or causes to be prepared a statement that:
    1. the person knows contains false or misleading material information; and
    2. is presented to an insurer; or
  2. presents or causes to be presented to an insurer a statement that the person knows contains false or misleading material information.

A criminal charge for insurance fraud under this subsection is a state jail felony.

Additionally, according to Texas Penal Code § 35.02(b), a person also commits insurance fraud if, with intent to defraud or deceive an insurer, the person solicits, offers, pays, or receives a benefit in connection with the furnishing of goods or services for which a claim for payment is submitted under an insurance policy.  Depending on the value of the claim, a criminal charge for insurance fraud under this subsection can range from a Class C misdemeanor to a felony of the first degree.

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Punishment for Houston Insurance Fraud

In Texas, the punishment for insurance fraud is listed in Chapter 12 of the Texas Penal Code.  Depending on the value of the claim, a conviction can result in a range of punishment as follows:

  1. If the value of the claim is less than $50, a class C misdemeanor is punishable by a fine up to $500.
  2. If the value of the claim is $50 or more but less than $500, a person charged with insurance fraud can be convicted of a Class B misdemeanor, which is punishable by a fine not to exceed $2,000, a  jail sentence of up to 180 days, or both.
  3. If the value of the claim is $500 or more but less than $1,500, a person charged with insurance fraud can be convicted of a Class A misdemeanor, which is punishable by a fine not to exceed $4,000, a  jail sentence of up to one year, or both.
  4. If the value of the claim is $1,500 or more but less than $20,000, a person charged with insurance fraud can be convicted of a state jail felony, which is punishable by a state jail sentence ranging from 180 days to two years and a fine of up to $10,000.
  5. If the value of the claim is $20,000 or more but less than $100,000, a person charged with insurance fraud can be convicted of a felony of the third degree, which is punishable by a prison sentence ranging from 2 to 10 years and a fine of up to $10,000.
  6. If the value of the claim is $100,000 or more but less than $200,000, a person charged with insurance fraud can be convicted of a felony of the second degree, which is punishable by a prison sentence ranging from 2 to 20 years and a fine of up to $10,000.
  7. If the value of the claim is $200,000 or more or an act committed in commission with the offense places a person at risk of death or serious bodily injury, a person charged with insurance fraud can be convicted of a felony of the first degree, which is punishable by a prison sentence ranging from 5 to 99 years or life and a fine up to $10,000.

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James G. Sullivan and Associates | Houston Insurance Fraud Attorney

If you are charged with insurance fraud in Texas, it is important to contact an experienced criminal defense attorney.  In addition to representing you in court, it may be possible for such an attorney to defend you at the grand jury level.  If your case has not yet been indicted by the grand jury, a knowledgeable attorney may be able to persuade the grand jury to no bill (dismiss) your case.  If that were to happen, the case would be over, and you would have the right to seek an expunction of the charge from your record.  If your case has already been indicted, an experience trial attorney may still be able to get your case dismissed, reduced to a misdemeanor or won at trial.

NTL-top-100-memberJames G. Sullivan and Associates have a professional and experienced legal team with decades of experience in fighting criminal cases at trial.  They provide personal attention and exceptional legal services.  They will fight to protect your rights, freedom and future.

James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact James Sullivan & Associates for a free initial consultation at 281-546-6428 about your robbery charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

Contact James Sullivan at 281-546-6428 for a free confidential consultation and preliminary case analysis.

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Houston Aggravated Assault Lawyer James Sullivan Fights for his Clients http://www.texascriminaltriallawyer.org/2014/12/10/aggravated-assault/ Wed, 10 Dec 2014 05:53:24 +0000 http://www.texascriminaltriallawyer.org/?p=9807 Harris County Aggravated Assault Defense

Aggravated assault or assault with a deadly weapon is a serious felony offense in Houston.  A conviction for aggravated assault can result in severe penalties, including lengthy prison time and a large fine. Such a conviction can also adversely impact your future, such as by losing many educational, employment, housing and public assistance opportunities. A conviction for such a crime of violence will also prevent you from ever owning or possessing a firearm.

It is important to hire an experienced Houston criminal defense lawyer because criminal charges for aggravated assault do not have to result in a conviction and the resulting lifelong consequences. In order to convict you, the state prosecutor must prove to a jury that you committed every element of the felony offense beyond a reasonable doubt. With an experienced trial lawyer defending you, this is a very difficult burden to meet, and any reasonable doubt in the mind of any of the members of the jury can result in a not guilty verdict or a hung jury. Therefore, it is vital to contact an experienced criminal attorney in Houston who will fight for you.

If you have been charged with the criminal offense of aggravated assault in Harris county (Houston), or any of the surrounding counties in Texas, including Montgomery (Conroe), Waller (Hempstead), Liberty (City of Liberty), Fort Bend (Richmond), Brazoria (Angleton), Galveston (City of Galveston) or Washington (Brenham), contact James G. Sullivan and Associates for a free consultation at 281-546-6428. Attorney James (Jim) Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.

Aggravated Assault in Houston

According to section 22.02 of the Texas Penal Code, an individual can be charged with aggravated assault if they cause serious bodily injury to another or use or exhibit a deadly weapon during the commission of an assault offense.

According to section 22.01 of the Texas Penal Code, an individual can commit assault in Texas if they intentionally or knowingly cause or threaten to cause bodily injury to another person, or cause offensive physical contact to another person.

What is Bodily Injury and Serious Bodily Injury in Texas?

According to section 1.07(a)(8) of the Texas Penal Code, “bodily injury” means physical pain, illness, or any impairment of physical condition.

According to section 1.07(a)(46) of the Texas Penal Code, “serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

What is a Deadly Weapon in Texas?

According to case law, three things can qualify as deadly weapon:

  1. firearms;
  2. anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
  3. anything else that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Examples of Deadly Weapons

There are not many deadly weapons listed as such per se. According to Section 46.01 of the Texas Penal Code, deadly weapons commonly used during the commission of aggravated assault offenses can include any of the following:

  • Clubs
  • Explosive weapons,
  • Firearm,
  • Handgun,
  • Illegal Knife (such as a knife with a blade over five and one-half inches; a hand instrument designed to cut or stab another by being thrown; a dagger, including but not limited to a dirk, stiletto, and poniard; bowie knife; sword; or spear.)
  • Knife,
  • Knuckles,
  • Machine gun,
  • Short-barrel firearm,
  • Switchblade knife
  • Chemical dispensing device, and
  • Zip gun.

Deadly by Manner and Means of Use

Furthermore, according to case law, there is an extensive list of things that can be proven to be deadly by the way the accused used them during the commission of the aggravated assault offense, including:

  • HIV
  • Hammer
  • Pipe
  • Fire
  • Hand
  • Foot
  • Coke bottle
  • Leg of a bar stool
  • Ax handle
  • Motor vehicle
  • Shank
  • Screwdriver
  • BB gun
  • Wooden stick
  • Dustpan
  • Gasoline
  • Dumpster in which a baby is discarded

Punishment for Aggravated Assault in Houston

Chapter 12 of the Texas Penal Code lists the felony punishment for aggravated assault in Houston.

Aggravated assault is usually charged as a second degree felony. A conviction for such a felony is punishable by a prison sentence ranging from two to 20 years and a fine up to $10,000.

However, aggravated assault can be charged as a first degree felony if the assault was committed against:

  • a family member or significant other and causes that person serious bodily injury;
  • a public servant while the public servant was discharging an official duty
  • a security officer while the officer is performing a duty as a security officer; or
  • in retaliation against a witness, prospective witness, informant, or person who has reported the occurrence of a crime.

A conviction for a first degree felony is punishable by a prison sentence ranging from five to 99 years or life in prison and a fine up to $10,000.

Criminal charges for aggravated assault can also result in a first degree felony conviction if the accused is:

  • in a motor vehicle,
  • knowingly discharges a firearm at or in the direction of a habitation, building or vehicle,
  • is reckless as to whether the habitation, building or vehicle is occupied,
  • and causes serious bodily injury to any person.

The punishment for this offense is also a prison sentence ranging from five to 99 years or life in prison and a fine up to $10,000.

Defenses to Aggravated Assault in Houston

Occasionally, and in certain circumstances, there may be legal defenses available to aggravated assault. It is important to discuss with an experienced Houston criminal defense attorney the elements of your criminal charges as that attorney can evaluate your case and advise you as to any appropriate defense.

  • Self-Defense. According to Section 9.31 of the Texas Penal Code, a person is permitted to use force, and sometimes deadly force, against the immediate threat of injury or bodily harm.
  • Lack of a Deadly Weapon. If your criminal defense attorney can show that a deadly weapon was not present, used or exhibited during the commission of the assault offense, the state prosecutor may reduce or dismiss the aggravated assault charges against you.
  • Lack of Intent. Intent is a required culpable mental state to all assault offenses. If your criminal defense lawyer can demonstrate that you did not have the requisite intent to commit assault, the state prosecutor may reduce or dismiss the aggravated assault charges against you.

Grand Jury Defense for Aggravated Assault Charges

If you are accused of aggravated assault, you should contact an experienced criminal defense attorney right away because he may be able to win your case at the grand jury.  Once your felony case has been indicted by the grand jury, this option is no longer available.  Attorney James Sullivan has fought and won many felony cases at the grand jury level throughout his almost 20 years of legal practice, including over 20 felony cases in just the past few years.  When a case is dismissed (no billed) by the grand jury, the accused has the immediate right to seek an expunction of the felony charge from their record.  Sullivan has been able to do this for many of his clients accused of felony offenses.

James G. Sullivan and Associates | Harris County Aggravated Assault Attorney

IMG_2922BJames Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact James Sullivan & Associates for a free initial consultation at 281-546-6428 about your aggravated assault charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

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Houston Juvenile Sex Crimes Defense Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2014/05/04/houston-juvenile-sex-crimes-defense-lawyer-james-sullivan/ Sun, 04 May 2014 19:51:47 +0000 http://www.texascriminaltriallawyer.org/?p=9010 Harris County Juvenile Sex Crimes Defense

Houston Board Certified Juvenile Defense Attorney

As parents, we know that children are naturally curious about their sexuality. In these modern times, children are reaching the onset of puberty at a younger and younger age (girls as young as nine and boys as young as ten). Their curiosity leads to natural experimentation. Unfortunately, such experimentation sometimes conflicts with state laws, and children as young as ten can be arrested and charged with serious felony offenses such as aggravated sexual assault of a child, sexual assault or indecency with a child.

Juvenile sex offenses, of course, can stem from other reasons. Children can be influenced to act out when they have been exposed to pornography or live sex. They will mimic the sexual behavior they have seen. And, of course, children who have been sexually abused will act out on those behaviors–sometimes years later. In such cases, it is very common that the child was abused at a young age by an older cousin, a babysitter, a coach or other such person close to the child. This prior abuse does not excuse the child’s actions, but it is definitely mitigating. Without counseling and intervention, the child is likely to re-offend. If the child later re-offends as an adult, he could be facing a life sentence.

If your child was arrested, contact Houston Juvenile Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

DIGNITY, EMPATHY AND COMPASSION

Houston Juvenile Sex Offense Lawyer James Sullivan is Board Certified in Juvenile Law.  Juvenile Law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law and in private practice in the state of Texas.

James Sullivan can help you and your child get through this difficult ordeal with dignity, empathy and compassion. He is sensitive to the emotional and psychological needs of children. He has represented a number of juvenile boys and girls who themselves had been victimized at a young age and had not reported it to their parents or to the authorities. In fact, it was only through his sensitive, patient and thought-provoking conversation with the child that he was able to draw out the prior abuse.

James Sullivan will work hard to persuade the State to non-suit (dismiss) your child’s case, to obtain an acquittal (not guilty) at trial or as a last result to negotiate a reasonable plea bargain.  From the outset, he will work hard to keep your child out of the detention center or to have your child released from the detention center and then work toward keeping him or her at home and from having to register as a sex offender.  In fact, not one of his juvenile clients has had to register as a sex offender. Such registration can be devastating to a child’s development and to his or her future.

James Sullivan is an expert in the field of juvenile law and has successfully represented juveniles charged with sex offenses and other felony and misdemeanor offenses in Houston and throughout southeast Texas. He has a proven track record in juvenile sex offense representation and is truly concerned about the many juveniles who do not have competent legal representation.

WARNING TO PARENTS ABOUT SMART PHONES 

Attorney Sullivan regularly warns parents of the dangers of unsupervised internet access for children, especially via a smart phone (e.g., I-Phone), but can also be by other mobile devices (e.g., I-Pad), computers or gaming systems (e.g., Play Station or Xbox). The danger is that children and young adults can easily access websites that offer free high speed, hard core pornography. These websites offer videos displaying every sexual deviancy imaginable and can easily warp the minds of children and young adults. Since 1994, Sullivan has defended hundreds of juveniles and adults accused of felony sex offenses, including juveniles as young as 10. Over the last few years, about 80 percent of his juvenile cases stemmed from juveniles acting out with other children after having viewed hard core pornography on their or a friend’s smart phone, computer or gaming station. Obviously, cell phone service, gaming system and other internet related providers need to better warn parents of the dangers of these devices. By researching online or reading over the owner’s manual, you can learn how to block access to porn on your child’s smart phones although these filters are not 100% effective.

CASE RESULTS – JUVENILE SEX OFFENSES

The case histories below represent a few of the many juveniles charged with sex offenses that Jim Sullivan has represented. All cases were in Harris County (Houston), except where noted. Past resultsa re not a guarantee of a similar result in any future case.

Aggravated Sexual Assault of a Child – NOT GUILTY VERDICT BY A JURY
Sullivan persuaded a jury in the 314th District Court of Harris County to find his 15 year old client not guilty of abusing his niece.  The client was accused of abusing his 2½ year old niece and his 4 year old nephew was an alleged eyewitness.  The niece did have injuries documented in a medical examination, but a thorough defense investigation uncovered severe credibility issues with the children and their mother, the outcry witness, and other reasonable explanations for the injuries were not investigated by law enforcement.

Aggravated Sexual Assault of a Child – DISMISSED

Sullivan won a dismissal for a 15 year old boy accused of having consensual sex with a 12 year old girl in her bedroom while two teenage friends allegedly listened in the adjoining room. The boy could then petition to have his juvenile record sealed immediately.

Sexual Assault – DISMISSED

Sullivan won a dismissal one month before trial for a 16 year old boy accused of forcibly raping a 17 year old girl at her home. Prior to the dismissal, the State sought a determinate sentence which could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28. The boy could then petition to have his juvenile record sealed immediately.

Indecency with a Child – DISMISSED

Sullivan won a dismissal for a 13 year old boy accused of fondling a 12 year old girl against her will at school. Prior to the dismissal, the State offered a year of probation at home, however the boy would have had to wait until he was 19 in order to seal his record. The boy could then petition to have his record sealed immediately.

Indecency with a Child – DISMISSED

In Montgomery County, Sullivan persuaded the State to dismiss his 11 year old client’s felony cases upon completion of a short counseling program.  The boy was accused of fondling two students against their will.   The boy can petition the court to have his arrest record sealed now rather than having to wait until age 19.

Aggravated Sexual Assault of a Child – DISMISSED

In Montgomery County, Sullivan persuaded the State to dismiss his 12 year old client’s felony case upon successful completion of juvenile sex offender counseling. The boy was accused of fondling a two year old girl. The boy can petition the court to have his record sealed after the nine months of counseling rather than having to wait until age 19.

Aggravated Sexual Assault of a Child – REDUCED TO A MISDEMEANOR
Sullivan secured reduction to a misdemeanor indecent exposure for a 15 year old boy charged with aggravated sexual assault of a child involving his six year old sister.  His client received 18 months of probation at home and will have to complete sex offender counseling, however he can petition the court to seal his record two years after completing his probation.

Aggravated Sexual Assault of a Child – REDUCED TO A MISDEMEANOR

Sullivan secured reduction to a misdemeanor assault for a 16 year old boy charged with aggravated sexual assault of a child and indecency with a child involving his six year old half-sister. On the day of trial, Sullivan persuaded the State to reduce the charges from a determinate felony case to a misdemeanor assault and to allow his client to receive one year probation on a misdemeanor assault charge. Two years after his probation is over, the child can petition the court to seal his record.

Indecency with a Child – REDUCED TO A MISDEMEANOR

Sullivan secured reduction to a misdemeanor for a 14 year old boy charged with indecency with a child. He and two other boys were accused of fondling a 13 year old girl at school against her will. Prior to trial, Sullivan persuaded the State to reduce the charges from a determinate felony case to a misdemeanor indecent exposure and allowed his client to receive probation at home. Two years after his probation is over, the child can petition the court to seal his record.

Indecency with a Child – REDUCED TO A MISDEMEANOR

Sullivan secured reduction to a misdemeanor for a 15 year old boy charged with indecency with a child. He allegedly fondled a six year girl who was visiting him at home. On the tenth jury trial setting close to his 18th birthday, Sullivan persuaded the State to reduce the charge from a determinate felony case to a misdemeanor case and allowed his client to receive two months of probation at home. His client subsequently enrolled in college. At age 19, the child can petition the court to seal his record.

Indecency with a Child – REDUCED TO A MISDEMEANOR

Secured reduction to a misdemeanor for a 14 year old boy accused of fondling a 7 year old boy outside in their apartment complex. On the day of trial, Jim Sullivan persuaded the State to reduce the charges from a serious felony to a misdemeanor and to allow his client to receive one year probation at home. Two years after his probation is over, the child can petition the court to seal his record.

Aggravated Sexual Assault of a Child –REDUCED TO NON SEX OFFENSE FELONY

In Brazoria County, Sullivan secured a three indeterminate probation at home with the mother for a 13 year old boy accused of fondling his 6 year old step sister.  As a result of the disposition on a non sex related offense, the client can never be required to register as a sex offender.  At age 19, the child can petition the court to seal his record.

Aggravated Sexual Assault of a Child – REDUCED TO A MISDEMEANOR

In Fort Bend County, Sullivan persuaded the State to allow his client to participate and complete juvenile sex offender counseling in exchange for a misdemeanor Assault without a disposition and without any probation.  His 16 year old client was accused of fondling his 14 year old sister.  Two years later the child can petition the court to seal his record.

POSSIBLE CONSEQUENCES OF JUVENILE SEX OFFENSES:

DISCRETIONARY TRANSFER TO CRIMINAL COURT

An Aggravated Sexual Assault of a Child offense is a first degree felony. If the juvenile is 14 years of age or older at the time of the alleged offense, the State can seek to have the juvenile transferred to criminal court and stand trial as an adult. In adult court, the range of punishment is from five years to life in prison.

Indecency with a Child can be either a second or third degree felony. If the juvenile is 15 years of age or older at the time of the alleged offense, the State can seek to have the juvenile transferred to criminal court and stand trial as an adult. In adult court, the range of punishment is from 2 years to 10 or 20 years in prison.

DETERMINATE SENTENCE

Instead of a transfer to criminal court, the State can also seek a Determinate Sentence for a juvenile aged 10 years or older for a juvenile felony sex offense. If this were to happen, a juvenile could never seal his juvenile record. He could be placed on probation for up to 10 years with automatic transfer to adult probation at age 18. He could also be sent to the Texas Juvenile Justice Department (former known as Texas Youth Commission) for up to 40 years for a first degree felony, up to 20 years for a second degree felony and up to 10 years for a third degree felony. If sent to TJJD and to be eligible for parole, he first has to stay a minimum of 3 calendar years for a first degree felony, 2 calendar years for a second degree felony and 1 calendar year for a third degree felony. If the juvenile does not parole out by age 19, then he is automatically transferred to adult prison, although depending on his behavior he could be transferred as early as age 16.

INDETERMINATE SENTENCE

Instead of the severe consequences of a transfer to adult court or determinate sentence, the State can proceed with an Indeterminate Sentence. In such a case, the juvenile could petition the court to seal his record at age 19 as long as he is not required to register as a sex offender. Also, the juvenile could receive probation until age 18. As a condition of probation, he could be placed outside his home for sex offender counseling and treatment. He could also be sent to TJJD where he could be held until age 19. In most of his negotiated cases, James Sullivan has been able to reach an agreement with the State for his client to receive Indeterminate Sentence probation at home for two years, the minimum statutory required length of probation for a felony sex offense.

SEX OFFENDER REGISTRATION

The Judge can also order the juvenile to register as a sex offender until age 28. The defense attorney may be able to persuade the State to agree to defer registration, i.e. the Judge will make the decision regarding sex offender registration after the juvenile completes his or her sex offender counseling. James Sullivan has been successful in his cases to either defer the registration decision or to not require the juvenile to register at all.

DE-REGISTRATION – EXCUSING SEX OFFENDER REGISTRATION

James Sullivan has also been successful in persuading juvenile courts to allow juveniles to be excused from further sex offender registration that would otherwise be required by Chapter 62 of the Texas Code of Criminal Procedure. A juvenile ordered to register as a sex offender only has two chances to request de-registration as a sex offender. Therefore, it is important to retain an attorney experienced in the process. Ideally, it is better to request de-registration prior to the juvenile’s 18th birthday when he would otherwise have to begin registering as an adult until age 28. However, the juvenile can still request de-registration even after having reached age 18 or older.  If you or your child were ordered to register as a sex offender by a juvenile court and want to be excused from further registration or if your child is charged with a sex offense, then contact James Sullivan at (281) 546-6428

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Houston Prostitution Attorney | Harris County Solicitation Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2014/05/04/houston-prostitution-attorney-harris-county-solicitation-lawyer-james-sullivan/ Sun, 04 May 2014 19:34:07 +0000 http://www.texascriminaltriallawyer.org/?p=9004 Prostitution / Solicitation

In Houston, allegations of prostitution or solicitation often stem from intricate sting operations conducted by law enforcement. These operations target adult entertainment clubs, massage parlors, escort services and other adult establishments. In addition, law enforcement frequently operate reverse sting operations by having an undercover police officer pose as a street walker or call girl. Prostitution or solicitation charges can result in serious penalties and consequences, including public embarrassment, jail or prison sentences, a criminal record and/or hefty fines.

Keep in mind that before you can be convicted of this crime of moral turpitude the state prosecutor must prove to a judge or jury every element of your alleged prostitution or solicitation offense beyond a reasonable doubt. Against an experienced defense attorney, it can be very hard for a prosecutor to meet this burden of proof at trial, and if the judge or jury has any reasonable doubt you committed every element of the offense, you could be found not guilty or the prosecutor could dismiss or reduce the charges prior to trial. Therefore, it is crucial to retain an experienced criminal defense attorney who can craft the best possible defense strategy for your case.

Houston Prostitution Defense Lawyer

If you have been charged with the criminal offense of prostitution or solicitation in Harris county (Houston), or any of the surrounding counties in Texas, including Montgomery (Conroe), Waller (Hempstead), Liberty (City of Liberty), Fort Bend (Richmond), Brazoria (Angleton), Galveston (City of Galveston) or Washington (Brenham), contact James G. Sullivan and Associates for a free consultation at (281) 546-6428.  Attorney James (Jim) Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.The National Trial Lawyers

James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Houston Prostitution Offenses

Prostitution – According to Texas Penal Code § 43.02, a person commits this offense if he knowingly:
1) Offers to engage in, agrees to engage in or engages in sexual conduct for a fee; or
2) Solicits another person in a public place to engage in sexual conduct for hire.

Promotion of Prostitution – According to Texas Penal Code § 43.03, a person commits this offense if he knowingly:
1) Receive money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
2) Solicits another to engage in sexual conduct with another person for compensation.

Aggravated Promotion of Prostitution – According to Texas Penal Code § 43.04, a person commits this offense if he knowingly owns, invests in, controls, supervises or manages a prostitution enterprise that uses two or more prostitutes.

Compelling Prostitution – According to Texas Penal Code § 43.05, a person commits this offense if he knowingly:

1) Causes another by force, threat or fraud to commit prostitution; or
2) Causes by any means a child younger than 18 years to commit prostitution, regardless of whether that person knows the age of the child at the time of the offense.

Prostitution Penalties in Houston

Chapter 12 of the Texas Penal Code defines the penalties for prostitution and solicitation offenses. These penalties can vary depending on the age of the individual involved in the offense, the type of offense and whether or not the accused has any prior convictions. In Texas, the possible punishments for prostitution and solicitation offenses are:

  • A person charged with compelling prostitution of a child under the age of 18 can face a conviction for a felony of the first degree, which is usually punishable by a prison sentence ranging from five years to 99 years or life imprisonment and/or a fine up to $10,000.
  • A person charged with any other compelling prostitution offense or solicitation of a child under the age of 14 can face a conviction for a felony of the second degree, which is usually punishable by two years to 20 years in prison and/or a fine up to $10,000.
  • A person charged with aggravated promotion of prostitution or solicitation of a person between the ages of 14 and 17 can face a conviction for a felony of the third degree, which is usually punishable by two years to 10 years in prison and/or a fine up to $10,000.
  • A person charged with a fourth or subsequent conviction for a prostitution offense can face a conviction for a state jail felony, which is usually punishable by a fine up to $10,000 and/or a state jail sentence ranging from 180 days to two years.
  • A person charged with promotion of prostitution or a second or third prostitution offense can face a conviction for a Class A misdemeanor, which is usually punishable by jail sentence up to one year and/or a fine up to $4,000.
  • A person charged with a first prostitution offense can face a conviction for a Class B misdemeanor, which is usually punishable by jail sentence up to 180 days and/or a fine up to $2,000.

James G. Sullivan and Associates | Houston Solicitation Attorney

Contact James G. Sullivan and Associates at (281) 546-6428 for a free initial consultation about your prostitution or solicitation charges in counties throughout southeast Texas, including Harris, Montgomery, Waller, Liberty, Fort Bend, Brazoria, Galveston and Washington. Attorney James Sullivan is an experienced Houston sex crimes attorney who will fight for your rights, freedom and future.

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Houston Juvenile Lawyer for Sexual Assault Indecency with a Child Defense http://www.texascriminaltriallawyer.org/2013/09/04/houston-juvenile-lawyer-for-sexual-assault-indecency-with-a-child-defense/ Wed, 04 Sep 2013 17:15:36 +0000 http://www.texascriminaltriallawyer.org/?p=8995 DNAtestingJUVENILE SEX OFFENSES

As parents, we know that children are naturally curious about their sexuality. In these modern times, children are reaching the onset of puberty at a younger and younger age (girls as young as nine and boys as young as ten). Their curiosity leads to natural experimentation. Unfortunately, such experimentation sometimes conflicts with state laws, and children as young as ten can be arrested and charged with serious felony offenses such as aggravated sexual assault of a child, sexual assault or indecency with a child.

Juvenile sex offenses, of course, can stem from other reasons. Children can be influenced to act out when they have been exposed to pornography or live sex. They will mimic the sexual behavior they have seen. And, of course, children who have been sexually abused will act out on those behaviors–sometimes years later. In such cases, it is very common that the child was abused at a young age by an older cousin, a babysitter, a coach or other such person close to the child. This prior abuse does not excuse the child’s actions, but it is definitely mitigating. Without counseling and intervention, the child is likely to re-offend. If the child later re-offends as an adult, he could be facing a life sentence.

DIGNITY, EMPATHY AND COMPASSION

Houston Juvenile Sex Offense Lawyer James Sullivan is Board Certified in Juvenile Law.  Juvenile Law is different than criminal law (see Juvenile Crime). Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law and in private practice in the state of Texas.

James Sullivan can help you and your child get through this difficult ordeal with dignity, empathy and compassion. He is sensitive to the emotional and psychological needs of children. He has represented a number of juvenile boys and girls who themselves had been victimized at a young age and had not reported it to their parents or to the authorities. In fact, it was only through his sensitive, patient and thought-provoking conversation with the child that he was able to draw out the prior abuse.

James Sullivan will work hard to persuade the State to non-suit (dismiss) your child’s case, to obtain an acquittal (not guilty) at trial or as a last result to negotiate a reasonable plea bargain. From the outset, he will work to have your child released from the detention center and then work toward keeping him or her at home and from having to register as a sex offender. In fact, not one of his juvenile clients has had to register as a sex offender. Such registration can be devastating to a child’s development and to his or her future.

James Sullivan is an expert in the field of juvenile law and has successfully represented juveniles charged with sex offenses and other felony and misdemeanor offenses in Houston and throughout southeast Texas. He has a proven track record in juvenile sex offense representation and is truly concerned about the many juveniles who do not have competent legal representation.

CASE RESULTS – JUVENILE SEX OFFENSES

The case histories below represent a few of the many juveniles charged with sex offenses that James Sullivan has represented. All cases were in Harris County (Houston), except where noted. Past results are not a guarantee of a similar result in any future case.

Aggravated Sexual Assault of a Child – NOT GUILTY VERDICT BY A JURY

Sullivan persuaded a jury in the 314th District Court of Harris County to find his 15 year old client not guilty of abusing his niece.  The client was accused of abusing his 2½ year old niece and his 4 year old nephew was an alleged eyewitness.  The niece did have injuries documented in a medical examination, but a thorough defense investigation uncovered severe credibility issues with the children and their mother, the outcry witness, and other reasonable explanations for the injuries were not investigated by law enforcement.

Aggravated Sexual Assault of a Child – DISMISSED

Sullivan won a dismissal for a 15 year old boy accused of having consensual sex with a 12 year old girl in her bedroom while two teenage friends allegedly listened in the adjoining room. The boy could then petition to have his juvenile record sealed immediately.

Sexual Assault – DISMISSED

Sullivan won a dismissal one month before trial for a 16 year old boy accused of forcibly raping a 17 year old girl at her home. Prior to the dismissal, the State sought a determinate sentence which could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28. The boy could then petition to have his juvenile record sealed immediately.

Indecency with a Child – DISMISSED

Sullivan won a dismissal for a 13 year old boy accused of fondling a 12 year old girl against her will at school. Prior to the dismissal, the State offered a year of probation at home, however the boy would have had to wait until he was 19 in order to seal his record. The boy could then petition to have his record sealed immediately.

Indecency with a Child – DISMISSED

In Montgomery County, Sullivan persuaded the State to dismiss his 11 year old client’s felony cases upon completion of a short counseling program.  The boy was accused of fondling two students against their will.   The boy can petition the court to have his arrest record sealed now rather than having to wait until age 19.

Aggravated Sexual Assault of a Child – DISMISSED

In Montgomery County, Sullivan persuaded the State to dismiss his 12 year old client’s felony case upon successful completion of juvenile sex offender counseling. The boy was accused of fondling a two year old girl. The boy can petition the court to have his record sealed after the nine months of counseling rather than having to wait until age 19.

Aggravated Sexual Assault of a Child – REDUCED TO A MISDEMEANOR

Sullivan secured reduction to a misdemeanor indecent exposure for a 15 year old boy charged with aggravated sexual assault of a child involving his six year old sister.  His client received 18 months of probation at home and will have to complete sex offender counseling, however he can petition the court to seal his record two years after completing his probation.

Aggravated Sexual Assault of a Child – REDUCED TO A MISDEMEANOR

Sullivan secured reduction to a misdemeanor assault for a 16 year old boy charged with aggravated sexual assault of a child and indecency with a child involving his six year old half-sister. On the day of trial, Sullivan persuaded the State to reduce the charges from a determinate felony case to a misdemeanor assault and to allow his client to receive one year probation on a misdemeanor assault charge. Two years after his probation is over, the child can petition the court to seal his record.

Indecency with a Child – REDUCED TO A MISDEMEANOR

Sullivan secured reduction to a misdemeanor for a 14 year old boy charged with indecency with a child. He and two other boys were accused of fondling a 13 year old girl at school against her will. Prior to trial, Sullivan persuaded the State to reduce the charges from a determinate felony case to a misdemeanor indecent exposure and allowed his client to receive probation at home. Two years after his probation is over, the child can petition the court to seal his record.

Indecency with a Child – REDUCED TO A MISDEMEANOR

Sullivan secured reduction to a misdemeanor for a 15 year old boy charged with indecency with a child. He allegedly fondled a six year girl who was visiting him at home. On the tenth jury trial setting close to his 18th birthday, Sullivan persuaded the State to reduce the charge from a determinate felony case to a misdemeanor case and allowed his client to receive two months of probation at home. His client subsequently enrolled in college. At age 19, the child can petition the court to seal his record.

Indecency with a Child – REDUCED TO A MISDEMEANOR

Secured reduction to a misdemeanor for a 14 year old boy accused of fondling a 7 year old boy outside in their apartment complex. On the day of trial, Jim Sullivan persuaded the State to reduce the charges from a serious felony to a misdemeanor and to allow his client to receive one year probation at home. Two years after his probation is over, the child can petition the court to seal his record.

Aggravated Sexual Assault of a Child –REDUCED TO NON SEX OFFENSE FELONY

In Brazoria County, Sullivan secured a three indeterminate probation at home with the mother for a 13 year old boy accused of fondling his 6 year old step sister.  As a result of the disposition on a non sex related offense, the client can never be required to register as a sex offender.  At age 19, the child can petition the court to seal his record.

Aggravated Sexual Assault of a Child – REDUCED TO A MISDEMEANOR

In Fort Bend County, Sullivan persuaded the State to allow his client to participate and complete juvenile sex offender counseling in exchange for a misdemeanor Assault without a disposition and without any probation.  His 16 year old client was accused of fondling his 14 year old sister.  Two years later the child can petition the court to seal his record.

Aggravated Sexual Assault of a Child – TWO YEAR INDETERMINATE PROBATION

Sullivan secured a two year indeterminate probation at home with the father for a 12 year old boy who was caught in the act of molesting his six year old cousin. During a series of interviews, the boy divulged that he had been raped by an 18 year old acquaintance that lived in the neighborhood. The father filed charges against that adult. Sullivan persuaded the State to allow his client to receive probation without sex offender registration. He can have his record sealed at age 19.

Aggravated Sexual Assault of a Child – TWO YEAR INDETERMINATE PROBATION

In Liberty County, Sullivan secured a two year indeterminate probation with placement with an older sister in Harris County for a 16 year old mentally challenged boy who was caught in the act of fondling a 5 year old boy in the neighborhood. During a lengthy interview at the detention center, the boy divulged that he had been molested by an older cousin at age six. Sullivan persuaded the State and the court to allow his client to receive probation without sex offender registration. He can have his record sealed at age 19.

Aggravated Sexual Assault of a Child – TWO YEAR INDETERMINATE PROBATION

In Montgomery County, Sullivan secured a two year indeterminate probation with placement with the maternal grandmother in Chicago for a 12 year old boy caught fondling a 5 year old boy in the neighborhood. Sullivan initially persuaded the court to allow his client to stay at home with his parents and younger siblings, however his client later admitted to fondling a younger half-brother in his home. Sullivan then persuaded the court to allow his client to be placed with his grandmother and to receive out-patient counseling even though the probation department sought placement at a residential treatment center in central Texas.  The child can have his record sealed at age 19.

POSSIBLE CONSEQUENCES OF JUVENILE SEX OFFENSES:

DISCRETIONARY TRANSFER TO CRIMINAL COURT

An Aggravated Sexual Assault of a Child offense is a first degree felony. If the juvenile is 14 years of age or older at the time of the alleged offense, the State can seek to have the juvenile transferred to criminal court and stand trial as an adult. In adult court, the range of punishment is from five years to life in prison.

Indecency with a Child can be either a second or third degree felony. If the juvenile is 15 years of age or older at the time of the alleged offense, the State can seek to have the juvenile transferred to criminal court and stand trial as an adult. In adult court, the range of punishment is from 2 years to 10 or 20 years in prison.

DETERMINATE SENTENCE

Instead of a transfer to criminal court, the State can also seek a Determinate Sentence for a juvenile aged 10 years or older for a juvenile felony sex offense. If this were to happen, a juvenile could never seal his juvenile record. He could be placed on probation for up to 10 years with automatic transfer to adult probation at age 18. He could also be sent to the Texas Juvenile Justice Department (formerly known as the Texas Youth Commission) for up to 40 years for a first degree felony, up to 20 years for a second degree felony and up to 10 years for a third degree felony. If sent to TJJD and to be eligible for parole, he first has to stay a minimum of 3 calendar years for a first degree felony, 2 calendar years for a second degree felony and 1 calendar year for a third degree felony. If the juvenile does not parole out by age 19, then he is automatically transferred to adult prison, although depending on his behavior he could be transferred as early as age 16.

INDETERMINATE SENTENCE

Instead of the severe consequences of a transfer to adult court or determinate sentence, the State can proceed with an Indeterminate Sentence. In such a case, the juvenile could petition the court to seal his record at age 19 as long as he is not required to register as a sex offender. Also, the juvenile could receive probation until age 18. As a condition of probation, he could be placed outside his home for sex offender counseling and treatment. He could also be sent to TJJD where he could be held until age 19. In most of his negotiated cases, James Sullivan has been able to reach an agreement with the State for his client to receive Indeterminate Sentence probation at home for two years, the minimum statutory required length of probation for a felony sex offense.

SEX OFFENDER REGISTRATION

The Judge can also order the juvenile to register as a sex offender until age 28. The defense attorney may be able to persuade the State to agree to defer registration, i.e. the Judge will make the decision regarding sex offender registration after the juvenile completes his or her sex offender counseling. James Sullivan has been successful in his cases to either defer the registration decision or to not require the juvenile to register at all.

DE-REGISTRATION – EXCUSING SEX OFFENDER REGISTRATION

James Sullivan has also been successful in persuading juvenile courts to allow juveniles to be excused from further sex offender registration that would otherwise be required by Chapter 62 of the Texas Code of Criminal Procedure. A juvenile ordered to register as a sex offender only has two chances to request de-registration as a sex offender. Therefore, it is important to retain an attorney experienced in the process. Ideally, it is better to request de-registration prior to the juvenile’s 18th birthday when he would otherwise have to begin registering as an adult until age 28. However, the juvenile can still request de-registration even after having reached age 18 or older. If you or your child were ordered to register as a sex offender by a juvenile court and want to be excused from further registration or if your child is charged with a sex offense, then contact James Sullivan at (281) 546-6428. He can help you and he wants to hear from you.

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Houston Board Certified Juvenile Lawyer James Sullivan Explains Juvenile Law http://www.texascriminaltriallawyer.org/2013/09/04/houston-board-certified-juvenile-lawyer-james-sullivan-explains-juvenile-law/ Wed, 04 Sep 2013 14:07:18 +0000 http://www.texascriminaltriallawyer.org/?p=8986 Juvenile Law Is Not Criminal Law

Juvenile law is not criminal law. There are fundamental differences between these two areas of law. Many criminal defense attorneys are not aware of these differences nor are they aware of the significant ongoing changes in juvenile law enacted by the Texas legislature. The proper representation of juveniles is a complex and multi-disciplinary practice that requires knowledge of both civil and criminal law.

Expansive Legal Knowledge Required for Effective Juvenile Representation

A Harris County Juvenile Attorney at minimum must have a thorough understanding of the relevant interacting Texas law, including:

  • the Juvenile Justice Code,
  • the Penal Code,
  • the Family Code,
  • the Code of Criminal Procedure,
  • the Rules of Evidence,
  • the Controlled Substances Act, and
  • the Rules of Appellate Procedure.

The Houston Juvenile Lawyer must also understand other issues such as the psychosocial and psychological development of adolescents. For a successful juvenile defense, all of these factors, including the facts of the case, must be thoroughly evaluated. 

Was your child arrested? Call Houston Juvenile Lawyer James Sullivan at (281) 546-6428 for a free confidential consultation.

Evolution of Texas Juvenile Law

Historically, juvenile law focused on rehabilitation of the youth. However, it is now an area which also looks toward punishment and, as a result, juvenile records and adjudications can affect your child for years to come. Indeed, for the most serious offenses, a child could be made to stand trial as an adult, and if found guilty could have a criminal conviction that could follow him the rest of his life. For sex offenses, juveniles can be made to register as a sex offender until age 28. Even a misdemeanor offense could affect his future education and employment.

What is Deferred Prosecution?

Deferred prosecution (pretrial diversion) may be an option for some. It is a contractual agreement with the prosecutor that can enable a juvenile to avoid an adjudication (conviction) on his juvenile record. If a juvenile fulfills the requirements of a six month deferred prosecution, then the prosecutor will non-suit (dismiss) the case, and the juvenile then has the immediate right to petition the court to seal his records. Even though the prosecutor is opposed to deferred prosecution in many types of cases, Houston Juvenile Attorney James Sullivan is effective in persuading courts to grant deferred prosecution anyway.

Juveniles in Texas Must Be Represented by a Lawyer 

Texas law requires all juveniles in juvenile court to be represented by an attorney. Great care should be taken in selecting an attorney who can effectively represent your child in juvenile court. Even seemingly simple cases can involve complex legal issues that could become a nightmare for parents with a less knowledgeable or inexperienced attorney.

Consequences of Violating Juvenile Probation 

It is natural that teenagers go through a period of rebellion as they make their way through adolescence, and of course some teens rebel more than others. However, if your child is on probation, it is very important that he follow the rules. If he breaks the rules, he may be removed from his home and placed in a juvenile facility or for felony cases committed to the Texas Juvenile Justice Department (TJJD) up to the age of 19. Obviously, each case is different and must be evaluated on an individual basis.

Children Need Effective Representation to Get Best Result 

Many parents have the opinion that their child got himself in trouble despite their best efforts and therefore they are not willing to spend any money on a defense attorney, or worse they encourage their child to talk with the police without first consulting an attorney. These approaches, however, have led to many heartbreaking realizations later on. Your child is a blessing. Decisions made during these difficult years of his adolescence are critical to his future well-being. Your child needs an attorney who not only can relate to and counsel him but also who specializes in juvenile law and can effectively represent him. Be proactive and make your decision on retaining an attorney wisely.

Houston Juvenile Defense Attorney James Sullivan 

Houston Juvenile Defense Attorney James Sullivan is very passionate about defending, counseling and inspiring his juvenile clients to get on the right path, to stay in school and to plan for the future.  He wants all of his clients to have a successful future, just as all parents want their children to do better than they did. He strives to keep his clients at home and to keep their record clear, although he realizes that some are so out of control that for their own safety they need to be placed in a secure facility or residential drug treatment center. Many teens need the adversity and discipline of an out of home placement such as at boot camp or a private placement to learn to accept responsibility for their actions, to stop blaming others for their behavior and to build character.

NTL-top-100-member2Harris County Juvenile Attorney James Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice. The other 27 such lawyers work for the government. 

James Sullivan also graduated from the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact Harris County Juvenile Lawyer James Sullivan

Harris County Juvenile Lawyer James Sullivan handles all juvenile offenses in the juvenile courts in Harris County and throughout the state of Texas. 

TBLS-Logo-tag-RWhether your child is charged with a felony or a misdemeanor, Board Certified Juvenile Attorney James Sullivan can provide effective representation and advice. Don’t let one mistake ruin your child’s future. To schedule a free confidential consultation, call Houston Juvenile Attorney James Sullivan at (281) 546-6428.

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Houston Misdemeanor Lawyer | Harris County Criminal Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2013/09/04/houston-misdemeanor-lawyer-harris-county-criminal-lawyer-james-sullivan/ Wed, 04 Sep 2013 03:50:40 +0000 http://www.texascriminaltriallawyer.org/?p=8981 Houston Misdemeanor Defense Attorney

Harris County Misdemeanor Lawyer

If you have been charged with a misdemeanor, it is important that you have an experienced misdemeanor defense attorney to represent you.  Our misdemeanor defense lawyers have significant trial experience defending people accused of misdemeanor and felony offenses.

The criminal defense lawyers at James Sullivan and Associates have more than 45 years of experience successfully defending people in the Greater Houston area and throughout the state of Texas against misdemeanor and felony charges.

Choosing a criminal defense lawyer to defend you may be the most important decision you will make in your case.  Whether you have been charged with a crime or are under investigation by law enforcement, your rights, your freedom and your future are at risk. It is critical to have the counsel of an experienced Harris county criminal defense attorney as early as possible.

To discuss your case with an experienced Houston Criminal Defense Attorney, call James Sullivan and Associates for a free confidential consultation at (281) 546-6428.

Houston Misdemeanor Defense Attorneys – Fighting To Protect Your Rights, Future and Freedom

In Texas, there are three levels of misdemeanors: Class A, Class B and Class C.

  • Class A misdemeanors are punishable by up to one year in jail and/or a $4,000 fine.
  • Class B misdemeanors are punishable by up to 180 days in jail and a $2,000 fine.
  • Class C misdemeanors are punishable by a maximum $500 fine.

Harris County Criminal Defense Attorneys James Sullivan and Associates have successfully defended people in state courts on misdemeanor charges, including:

  • Assault and Assault Family Violence
  • DWI (Driving While Intoxicated)
  • Criminal Mischief
  • Evading Detention or Arrest
  • Theft, Shoplifting, Hot Check or Employee Theft
  • Possession of Marijuana or a Dangerous Drug
  • Public Lewdness, Indecent Exposure or Prostitution
  • Burglary of a Motor Vehicle
  • Unlawful Carrying of a Weapon

Misdemeanor Criminal Record

Whether you are charged as an adult or as a juvenile, a conviction for a misdemeanor can deny you employment and can impact you for life. Houston Misdemeanor Defense Attorneys James Sullivan and Associates are experienced in defending those accused of misdemeanors and felonies.

Because a conviction results in a criminal record, a misdemeanor charge must be taken seriously. Unless the charge is expunged or non-disclosed (sealed), a misdemeanor will show up on a background check. Once you are convicted, it will stay on your record forever.

Being convicted or accused of a misdemeanor can have devastating consequences. Hiring an experienced Houston Misdemeanor Defense Attorney can make the difference between being found guilty or not guilty.

A misdemeanor case that is dismissed, reduced to a Class C deferred adjudication or results in a not guilty verdict may be eligible for an expunction. A Class A or Class B misdemeanor case with a successful completion of a deferred adjudication may be eligible for non-disclosure (sealing) of criminal history.

Contact an Experienced Houston Misdemeanor Defense Attorney

James Sullivan and Associates use their extensive trial experience and knowledge of the law to defend their clients.  If you are facing a misdemeanor charge and need an experienced Houston Criminal Trial Lawyer, they can help.

James Sullivan graduated from the Trial Lawyers College founded by legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

James Sullivan & Associates | Houston Texas Criminal Lawyers

Contact James Sullivan and Associates for a free consultation at (281) 546-6428 about your criminal charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac) and Jefferson County (Beaumont).  James Sullivan is an experienced Conroe Texas criminal defense lawyer who will work hard to get you the best result for your particular situation.

To discuss your case in confidence with an experienced Houston Criminal Defense Attorney, call for a confidential free consultation at (281) 546-6428.

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Houston Felony Defense Attorney | Harris County Criminal Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2013/09/04/houston-felony-defense-attorney-harris-county-criminal-lawyer-james-sullivan/ Wed, 04 Sep 2013 03:39:04 +0000 http://www.texascriminaltriallawyer.org/?p=8978 Houston Felony Attorneys

Harris County Felony Defense Lawyers

If you have been charged with a felony, such as possession of a controlled substance, aggravated assault, murder, sexual assault, aggravated robbery or assault by impeding breathing, it is important that you have an experienced  Houston Felony Defense Attorney to represent you. James Sullivan and Associates have significant jury trial experience as felony defense attorneys.

Houston Criminal Defense Attorneys James Sullivan and Associates are experienced defense attorneys and can effectively represent you at all pre-trial hearings, jury trials and (if necessary) sentencing hearings.  James Sullivan and Associates have successfully represented clients charged with felony offenses throughout Texas.  If you are facing an aggravated assault or other felony offense, then you need an experienced Harris County Criminal Trial Lawyer to defend you.

Harris County Criminal Lawyers Fighting for Your Rights, Freedom and Future

Choosing a criminal defense lawyer to defend you may be the most important decision you will make in your case.  Whether you have been charged with a crime or are under investigation by law enforcement, your rights, your freedom and your future are at risk. It is critical to have the counsel of an experienced Houston criminal defense attorney as early as possible.

Because a conviction results in a criminal record and could also result in incarceration in prison, a felony charge must be taken seriously. Unless the charge is expunged or non-disclosed (sealed), a felony will show up on a background check. Once you are convicted, it will stay on your record forever.

Being convicted or accused of a felony can have devastating consequences. Hiring an experienced Harris County Felony Defense Attorney can make the difference between being found guilty or not guilty.

To discuss your felony case involving aggravated assault, burglary of a habitation, child abuse, drug possession, drug delivery, aggravated robbery or any other felony defense matter with an experienced Harris County Criminal Defense Attorney, call James Sullivan and Associates for a free confidential consultation at (281) 546-6428.

Houston Felony Charge Defense Attorneys – Fighting To Protect Your Rights, Future and Freedom

Levels of Felony Offenses in Texas

In Texas, there are five levels of felonies: Capital, First Degree, Second Degree, Third Degree and State Jail.

  • Capital felonies are punishable by life imprisonment without parole or by death in capital cases in which the State seeks the death penalty.
  • First Degree felonies are punishable by 5 to 99 years or Life in prison and up to a $10,000 fine.
  • Second Degree felonies are punishable by 2 to 20 years in prison and up to a $10,000 fine.
  • Third Degree felonies are punishable by 2 to 10 years in prison and up to a $10,000 fine.
  • State Jail felonies are punishable by 180 days to 2 years in a state jail and up to a $10,000 fine.

Houston Criminal Defense Attorneys James Sullivan and Associates have extensive trial experience defending against felony charges.  They have successfully defended people in criminal and juvenile court on felony charges, including the following:

Harris County Criminal Lawyers Fighting for Your Rights, Freedom and Future

Do not be intimidated and do not give up hope.You may have been arrested and charged, but that does not mean that the police followed proper procedure or that the prosecutor has sufficient evidence to prove you guilty beyond a reasonable doubt.James Sullivan and Associates have succeeded in getting hundreds of criminal cases dismissed, no billed (dismissed) by the grand jury and in obtaining not guilty verdicts from juries.  Talk to an experienced Houston Criminal Trial Lawyer before you even consider giving up and entering a plea of guilty.

The Houston Criminal Defense attorneys at James Sullivan and Associates work as a team and will fight to get you justice.They will answer all of your questions so that you will know what to expect in a criminal case and help you and your family to make informed decisions. They will use their 45 years of combined experience and extensive legal knowledge to zealously defend you against serious felony charges.

NTL-top-100-member2James Sullivan graduated from the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact an Experienced Houston Felony Defense Attorney

James Sullivan and Associates use their extensive trial experience and knowledge of the law to defend their clients. If you are facing a felony or misdemeanor charge and need an experienced Houston Criminal Trial Lawyer, they can help.

To discuss your case in confidence with an experienced Harris County Criminal Defense Attorney, call for a free consultation at (281) 546-6428.

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Houston Criminal Lawyer for Shoplifting Theft Charge Defense http://www.texascriminaltriallawyer.org/2013/09/04/houston-criminal-lawyer-for-shoplifting-theft-charge-defense/ Wed, 04 Sep 2013 02:54:49 +0000 http://www.texascriminaltriallawyer.org/?p=8972 Houston Shoplifting Attorney

Harris County Shoplifting Lawyer

IMG_2922BShoplifting is a serious crime. Many teens and young adults may think that shoplifting is a small matter, but shoplifting is a theft crime and a theft conviction can have serious and lifelong consequences.  It only takes one brief, impulsive and poor decision to shoplift to ruin your future.  In addition to the embarrassment and possible stigma of a theft conviction, other consequences could include:

  • Cannot Get a Job.  Most employers will not hire you if you have a theft conviction on your record.  If you lie on your job application to obtain employment, you will be fired a short time later.  Criminal records can easily be checked by employers online at the website of the Harris County District Clerk.  When there is already widespread unemployment due to a slow economy, a theft conviction could make you unemployable.
  • Cannot Return to the Store.  If you were caught shoplifting, the store owner may permanently ban you from returning.  If the store is the only nearby grocery, then that could be a big inconvenience or worse.
  • A 3rd Shoplifting Conviction Is a Felony.  If you get caught shoplifting after having been previously convicted two or more times of theft, you will be charged with a state jail felony.

Houston Criminal Trial Lawyers Defending Your Rights, Freedom and Future

Houston Theft Defense Attorney

At the Law Office of James Sullivan & Associates, we know what is at risk when our clients face shoplifting charges.   Our job is to fight for your rights, freedom and future.  Attorney James Sullivan has been fighting misdemeanor and felony charges at trial since 1994, and we will use our extensive experience to get you the best possible result.

Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your shoplifting charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

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Houston Criminal Lawyer for Online Solicitation of a Minor Defense http://www.texascriminaltriallawyer.org/2013/09/04/houston-criminal-lawyer-for-online-solicitation-of-a-minor-defense/ Wed, 04 Sep 2013 00:44:12 +0000 http://www.texascriminaltriallawyer.org/?p=8965 ONLINE SOLICITATION OF A MINOR DEFENSE

Harris County Criminal Lawyers Protecting Your Teen’s Rights, Freedom and Future

Did you know that if your 18-year-old son received a nude photo of his 16-year-old girlfriend from her via cell phone, your son could be charged with possession of child pornography in Texas?  This behavior is called “sexting”, an increasingly common phenomenon that can have devastating consequences for teenagers and young adults.

Houston Criminal Lawyer James Sullivan aggressively defends teens and young adults accused of online solicitation of a minor, possession of child pornography and related sex crimes.  James Sullivan believes that one mistake should not ruin a teen’s life.  His goal is keep the charge from affecting your son or daughter’s future.

Call Houston Criminal Attorneys James Sullivan and Associates at (281) 546-6428 for a free initial consultation.

Conroe Sexting Defense Lawyers

What is Sexting?

Sexting involves receiving or sending a sexually explicit text message or photo via a mobile phone.  Even if your adult son or daughter consented to the sexting, he or she could end up in jail and be forced to register as a sex offender for the rest of his or her life.  In addition to alerting the public about the sex offense, sex offender registration will impact your son or daughter’s ability to get a job, travel freely and to live in certain areas.

Houston Criminal Online Solicitation of a Minor Defense Lawyers

Online solicitation occurs when one knowingly solicits a minor (a person who represents himself or herself as younger than 17 years of age) for sex over the Internet. This can include social networking sites, chat rooms, e-mail and text messaging.  Even if your son or daughter were just role playing, engaging in a fantasy, did not intend for the meeting to occur, the meeting did not occur, he or she can be charged with a sex offense.

Aggressive Defense

Most people and even some grand jurors understand the difference between a teen making a bad decision by flirting through technology and an adult possessing child pornography.  However, if the teen is 18 years or older, Texas law does not distinguish the two.  Because your teen’s future is at stake, it is essential that you fight the charges.

Contact a Harris County Criminal Lawyer

Harris County Criminal Lawyers James Sullivan and Associates have defended thousands of clients on serious felony cases, including sex offenses.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

James Sullivan & Associates | Houston Texas Criminal Lawyers

Contact James Sullivan and Associates for a free consultation at (281) 546-6428 about your criminal charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac) and Jefferson County (Beaumont).  James Sullivan is an experienced Houston criminal defense lawyer who will work hard to get you the best result for your particular situation.

If you need an experienced Houston criminal trial lawyer to defend you, call James Sullivan at (281) 546-6428.

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Houston Criminal Lawyer for Grand Jury Defense http://www.texascriminaltriallawyer.org/2013/09/04/houston-criminal-lawyer-for-grand-jury-defense/ Wed, 04 Sep 2013 00:23:23 +0000 http://www.texascriminaltriallawyer.org/?p=8961 Houston Criminal Defense Lawyers

Harris County Grand Jury Defense Attorney

If you are charged with a felony offense, you might be able to get your case dismissed at the grand jury level within one to two months of being arrested.  Because State Prosecutors rush to get their felony cases indicted by the grand jury within one to two weeks after an arrest,  it is important to retain an experienced Houston criminal lawyer as soon as you are arrested or know you are under investigation.  Your attorney can then sign onto your case in court and request the State to hold the case from the grand jury in order to prepare a defense.

Proven Record of Felony Case Dismissals

Houston Criminal Defense Lawyer James Sullivan has a proven record (see below) in getting felony cases dismissed (no billed) by the Grand Jury.  When a person is accused of a felony offense,  it may be possible for his defense attorney to win his case at the Grand Jury level.  Depending on the facts and circumstances of the case, this may or may not be a viable option, so it is important to talk to an experienced criminal defense attorney.  With this strategy, the accused in effect has two chances to win his case before a jury:

(1)    Grand Jury and, if indicted,

(2)    Jury Trial

If the Grand Jury votes that probable cause (i.e. a probability) does not exist to believe that the accused committed the offense, the case is no billed (dismissed).  If the Grand Jury votes that probable cause does exist, then the case is true billed (indicted).   If a case is indicted, then the accused may have to have a Jury Trial in order to get the best result.   A Jury Trial is more expensive and involves much more time and legal work.

Once an accused is indicted, this option is no longer available.  Therefore, time is of the essence in retaining an experienced defense attorney.  Most criminal defense attorneys are not familiar with this process, so it is important to hire an attorney with a proven record.

Since 1994, Houston Criminal Lawyer James Sullivan has worked to get dozens of felony cases no billed by the Grand Jury.  These felony cases include Sexual Assault of a Child, Attempted Murder, Aggravated Robbery, Aggravated Sexual Assault of a Child, Aggravated Assault, Assault Family Member by Impeding Breathing (choking), Forgery, Evading Arrest by Motor Vehicle and Burglary of a Habitation.

The graph below lists just those 42 felony cases that were either no billed by the Grand Jury or dismissed by the State based upon his defense packet since November 2008.  Certainly each case is different.  Similar results may not be obtained in your case and past performance is no guarantee of future results.

CRIMINAL OFFENSERESULTCASE #
ALL CASES DISMISSED BY GRAND JURY OR THE STATE WERE BASED ON DEFENSE PACKETS
AGGRAVATED ASSAULT FAMILY MEMBERNO BILLED BY GRAND JURY (Client accused of threatening his girlfriend with a knife and inflicting a serious wound on the back of her head)1539739
AGGRAVATED SEXUAL ASSAULT OF A CHILD in Galveston CountyNO BILLED BY GRAND JURY (Client, a 17 year old teen with autism, accused of forcing his younger special needs brother to give him oral sex)17-CR-0197
ASSAULT FAMILY MEMBER/IMPEDING BREATHINGNO BILLED BY GRAND JURY (Client accused of suffocating his wife with a pillow)1535634
ASSAULT FAMILY MEMBER/IMPEDING BREATHINGNO BILLED BY GRAND JURY (Client accused of choking his immigrant wife, however she actually attacked him and tried to goad him into hitting her. When he refused, she called 911. He believes she did this so she could then claim she was a battered spouse under mmigration law and petition to stay in the U.S. after a divorce)1537660
AGGRAVATED ROBBERYNO BILLED BY GRAND JURY (Client accused of being the driver in an aggravated robbery)1523678
INJURY TO A CHILDNO BILLED BY GRAND JURY (Client accused of causing bodily injury to her 9 year old daughter. The grand jury agreed that her daughter's injury was the result of being reasonably disciplined)1522880
AGGRAVATED ASSAULT (2° Felony)NO BILLED BY GRAND JURY (Client, a disabled vet, shot and seriously wounded a former friend who was high on drugs, broke in his house right after being ordered to leave the premises and attempted to attack him)1505948
AGGRAVATED ASSAULT in Montgomery CountyNO BILLED BY GRAND JURY (Client shot and seriously wounded a violent felon who was trying to steal his car at nighttime)16-03-02825
AGGRAVATED ASSAULT FAMILY MEMBERNO BILLED BY GRAND JURY (Client accused of throwing a 12 lb glass trophy at his father and hitting him in the back)1480035
AGGRAVATED ASSAULT FAMILY MEMBER (Felony Habitual)NO BILLED BY GRAND JURY AFTER FACING 25 YEARS TO LIFE IN PRISON (Client accused of slashing her ex-girlfriend's face. A witness at the scene supported client's version that her ex-girlfriend attacked her first with a broken wine bottle and cut her wrist and that her ex-girlfriend was accidentally injured in a struggle over the bottle)1478883
ASSAULT FAMILY MEMBER/IMPEDING BREATHINGNO BILLED BY GRAND JURY (Client accused of choking his wife during an argument)1479091
ASSAULT FAMILY MEMBER enhanced with a prior Assault FM caseNO BILLED BY GRAND JURY (Client used reasonable discipline against his 15 year old daughter and was accused of abusing her. She was being rebellious and he spanked her with a belt to discipline her)1459744
AGGRAVATED ASSAULT FAMILY MEMBERNO BILLED BY GRAND JURY (Client accused of trying to run her baby's daddy over with her Jeep and with their young son on the front passenger seat and in view of two nearby independent witnesses. In reality, he threw his bicycle in front of her Jeep to cause her to come to a screeching halt and then cursed at her. After she drove off, he lied to the witnesses about what happened)1467006
INJURY TO A CHILDNO BILLED BY GRAND JURY (Client accused of causing bodily injury to his 10 year old nephew)1446872
SEXUAL ASSAULTCASE CLOSED BY THE STATE (16 year old juvenile client and 17 year old adult client were both accused of raping a 17 year old female friend. After reading the defense packet for the grand jury, the State chose to close the file without any charges being filed)CASE NOT YET FILED
ASSAULT FAMILY MEMBER/IMPEDING BREATHING in Montgomery CountyDISMISSED BY THE STATE (Client accused of choking his wife during an argument. The State refused to present the case to the grand jury, dismissed the felony and refiled it as a misdemeanor)14-08-09346-CR
AGGRAVATED ASSAULT FAMILY MEMBERNO BILLED BY GRAND JURY (Client shot his brother in the side after his brother stabbed him in the arm. The client's brother was high on synthetic marihuana)1443039
AGGRAVATED ASSAULT NO BILLED BY GRAND JURY (Client accused of shooting another guy's motorcycle twice while the guy was on it after the guy had broken the client's custom table)1431964
AGGRAVATED ROBBERY NO BILLED BY GRAND JURY (Client accused of shooting a gun into the ceiling of a restaurant and robbing patrons of their cell phones)1419975
INJURY TO A CHILDNO BILLED BY GRAND JURY (Client, an officer in law enforcement, used reasonable discipline against his teenage daughter and was accused of abusing her)CASE NOT YET FILED
SEXUAL ASSAULT in Brazoria CountyNO BILLED BY GRAND JURY (Client, an elected official, was accused of sexual assault by his girlfriend)CASE NOT YET FILED
INJURY TO A CHILD in Matagorda CountyNO BILLED BY GRAND JURY (Client used reasonable discipline against her 10 year son and was accused of abusing him after she accidentally slapped him on his side when he was resisting the hand spanking)CASE NOT YET FILED
INDECENCY WITH A CHILD in Montgomery CountyNO BILLED BY GRAND JURY (Client accused of sexually abusing his 16 year old nephew)CASE NOT YET FILED
ASSAULT FAMILY MEMBER/IMPEDING BREATHINGNO BILLED BY GRAND JURY (Client accused of choking his girlfriend during an argument)1356656
INJURY TO A CHILDNO BILLED BY GRAND JURY (Client accused of breaking his infant son’s leg and 3 ribs. The hospital ER physician did not consider other medical disorders as a cause)1340646
ASSAULT FAMILY MEMBER/IMPEDING BREATHINGNO BILLED BY GRAND JURY (Client accused of choking his wife during an argument)1336650
AGGRAVATED ASSAULT FAMILY MEMBERNO BILLED BY GRAND JURY (Client accused of intentionally trying to drive into and strike her girlfriend)1341002
EVADING BY MOTOR VEHICLENO BILLED BY GRAND JURY (Client accused of evading police in her car when she drove about ½  mile after the officer switched on his strobe lights)1338389
SEXUAL ASSAULT OF A CHILDNO BILLED BY GRAND JURY (Client accused of having sex with 16 year old girl who falsely claimed she was 18)1332791
BURGLARY OF A HABITATIONNO BILLED BY GRAND JURY (Client accused breaking into home while homeowner was home, however client had credible alibi witnesses at the time of the alleged burglary)1321679
AGGRAVATED ASSAULTNO BILLED BY GRAND JURY (Client accused of intentionally driving into and striking the new girlfriend of her ex-boyfriend)1302447
AGGRAVATED ASSAULTNO BILLED BY GRAND JURY (Client accused of hitting man in head with beer bottle outside a bar; client claimed self-defense)1302814
AGGRAVATED ASSAULT AGAINST PUBLIC SERVANTNO BILLED BY GRAND JURY (Police Officer shot at 4 unarmed teenagers in a truck and claimed that client pointed a gun at him)1291937
AGGRAVATED ASSAULTNO BILLED BY GRAND JURY (Client accused of hitting other woman in head with metal pole)1281977
ASSAULT FAMILY VIOLENCE 2 nd OFFENDER (Felony Habitual)NO BILLED BY GRAND JURY AFTER FACING 25 YEARS TO LIFE IN PRISON (Client accused of hitting wife multiple times after both had been drinking)1281428
SEXUAL ASSAULT OF A CHILDNO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)1283460
AGGRAVATED ASSAULTNO BILLED BY GRAND JURY (Client accused of injuring another man, using knuckles)1275771
AGGRAVATED ASSAULTNO BILLED BY GRAND JURY (Client was accused of using a knife to threaten another man who the client accused of stealing his property from his apartment)1270564
SEXUAL ASSAULT OF A CHILDNO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)1264919
FORGERY OF A FINANCIAL INSTRUMENTNO BILLED BY GRAND JURY (Client accused of knowingly passing a counterfeit $100 bill at store)1252585
AGGRAVATED SEXUAL ASSAULT OF A CHILDNO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law)1241754
AGGRAVATED SEXUAL ASSAULT OF A CHILDNO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law)1241755
SEXUAL ASSAULT OF A CHILDNO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)1231727
AGGRAVATED ASSAULTNO BILLED BY GRAND JURY1203539
BURGLARY OF A HABITATION WITH INTENT TO COMMIT ASSAULTNO BILLED BY GRAND JURY (Client was accused of breaking into an apartment and attacking the occupants after a drug deal went bad)1182231

Attorney James Sullivan is an experienced Houston Criminal Defense Attorney serving Greater Houston and Texas since 1994.  Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.  Contact James Sullivan and Associates at (281) 546-6428 to discuss your case.

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Houston Criminal Lawyer for Employee Theft Embezzlement Defense http://www.texascriminaltriallawyer.org/2013/09/03/houston-criminal-lawyer-for-employee-theft-embezzlement-defense/ Tue, 03 Sep 2013 23:52:28 +0000 http://www.texascriminaltriallawyer.org/?p=8953 Houston Criminal Defense Attorneys

 

Fighting to Defend You Against Employee Theft and Embezzlement Charges Throughout Texas

Employee Theft and Embezzlement Defense

If you have been charged with employee theft, embezzlement or other felony theft crime, you should hire an experienced Houston Criminal Defense Attorney who can zealously defend against employee theft, embezzlement and felony theft crime charges throughout Texas.

With over 45 years of criminal defense experience, Houston Criminal Defense Lawyers at James Sullivan and Associates aggressively fight to protect the rights, freedom and future of people throughout the Greater Houston area, as well as throughout the state of Texas, against employee theft, embezzlement and felony theft offenses.

Being convicted or accused of a felony theft crime can have devastating consequences. Hiring an experienced Harris County Criminal Defense Attorney can make the difference between being found guilty or not guilty.

To discuss your felony theft crime involving employee theft, embezzlement or any other felony defense matter with an experienced Houston Criminal Defense Attorney, call James Sullivan and Associates for a free confidential consultation at (281) 546-6428.

Experienced Houston Embezzlement Criminal Defense Lawyer

Do not be intimidated and do not give up hope.  You may have been arrested and charged for employee theft or embezzlement, but that does not mean that the police followed proper procedure or that the prosecutor has sufficient evidence to prove you guilty beyond a reasonable doubt.  James Sullivan and Associates have succeeded in getting hundreds of criminal cases dismissed, no billed (dismissed) by the grand jury and in obtaining not guilty verdicts from juries. When this happens, you can seek an expunction of the criminal record.  Talk to an experienced Houston Criminal Trial Lawyer before you even consider giving up and entering a plea of guilty.

The Houston Criminal Defense lawyers at James Sullivan and Associates work as a team and will fight to get you justice.  They will answer all of your questions so that you will know what to expect in a criminal case and help you and your family to make informed decisions.  They will use their 45 years of combined experience and extensive legal knowledge to zealously defend you against serious felony charges of employee theft, embezzlement or other white collar crime cases throughout Texas.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

If you have been charged with employee theft or embezzlement, or if you are being investigated for a theft or white collar crime, it is critical that you retain an experienced Houston criminal  lawyer to defend you.

Contact an Experienced Houston Embezzlement Defense Attorney

James Sullivan and Associates use their extensive trial experience and knowledge of the law to defend their clients.  If you are facing a felony theft or embezzlement charge and need an experienced Houston Criminal Trial Lawyer, they can help.

To discuss your case in confidence with an experienced Harris County Criminal Attorney, call for a free consultation at (281) 546-6428.

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Houston Criminal Lawyer for Auto Theft Charges http://www.texascriminaltriallawyer.org/2013/09/03/houston-criminal-lawyer-for-auto-theft-charges/ Tue, 03 Sep 2013 22:38:10 +0000 http://www.texascriminaltriallawyer.org/?p=8947 Houston Auto Theft Defense Lawyers

Houston Criminal Defense Attorneys Fighting for Your Rights, Freedom and Future

Harris County Auto Theft Attorney James Sullivan represents people charged with all types of misdemeanor and felony offenses.  If you are charged with any felony crime in the State of Texas, then you need an experienced Harris County criminal lawyer because all felony offenses are serious.

James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

How Is Auto Theft Charged in Texas?

From a legal standpoint, there is no charge for “Auto Theft” or “Grand Theft Auto” because all theft crimes are charged as either misdemeanors or felonies based on the value of the item or items stolen. Since most cars or trucks are worth at least $2,500, it is most likely that you would be charged for a felony offense for stealing a car or other motor vehicle. However, even being charged with stealing an old clunker worth less than $2,500 is a serious misdemeanor crime because any theft conviction of your record can result in the loss of a job or not being able to work in certain professions which require a professional license.

Contact Houston Criminal Defense Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

Is Auto Theft Charged as a Misdemeanor or a Felony?

If the value of the motor vehicle stolen is worth $1,500 or more, you will be charged with a felony offense and will face time in jail, state jail or prison if you are convicted.  Depending on the value of the motor vehicle stolen, you will be charged with either a misdemeanor or felony offense:

  • The value is $100 or more but less than $750 (class B misdemeanor)
  • The value is $750 or more but less than $2,500 (class A misdemeanor)
  • The value is $2,500 or more but less than $30,000 (State Jail Felony)
  • The value is $30,000 or more but less than $150,000 (3rd Degree Felony)
  • The loss is $150,000 or more but less than $300,000 (2nd Degree Felony)
  • The loss is $300,000 or more (1st Degree Felony)

If you are charged with a felony, it may be possible for your defense attorney to investigate and present a winning defense at the grand jury level.  If successful, this is usually the best way to win a felony case because if the grand jury votes to no bill the case then you have the immediate right to seek an expunction of the charge from your record.  Time is of the essence to take this approach because prosecutors either seek an indictment from the grand jury before an arrest warrant is issued or between the first and second court settings.  If an experienced defense attorney is not retained early on then the accused may not have an opportunity to do this.  Houston Criminal Attorney James Sullivan has a very successful record at winning felony cases at the grand jury level.

If you or a family member has been charged in Harris County with a misdemeanor or felony theft crime, you can call the law office of James Sullivan and Associates right now at (281) 546-6428.

Contact a Harris County Criminal Lawyer

James Sullivan & Associates | Houston Texas Auto Theft Attorney

Contact James Sullivan and Associates for a free consultation at (281) 546-6428 about your allegations of auto theft in the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac) and Jefferson County (Beaumont). 

James Sullivan is an experienced Houston criminal trial lawyer who gets results and will work hard to get you the best result for your particular situation.

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Houston Criminal Lawyer for Assault Family Violence Charges http://www.texascriminaltriallawyer.org/2013/09/03/houston-criminal-lawyer-for-assault-family-violence-charges/ Tue, 03 Sep 2013 22:18:45 +0000 http://www.texascriminaltriallawyer.org/?p=8943 Assault Family Violence Charges Defense

Houston Domestic Assault Lawyers James Sullivan & Associates

Most couples learn to resolve their differences or even end their relationships without resorting to domestic assault or family violence.  Sometimes, however, even good people gets so stressed out and feel so overwhelmed that they lose it even for a moment and strike out at their partner or another family member in a physical way.

The Consequences for Assault Family Violence

Depending on the circumstances, the prosecutors can charge Assault Family Violence either as a:
  • misdemeanor, or a
  • felony.
A Class A Misdemeanor Assault means that a person caused bodily injury (or pain) to their partner.  If the person used a deadly weapon in the domestic assault, then it is a Felony Aggravated Assault.  If the person choked their partner or impeded their breathing, then it is also a Felony.  No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner, spouse or family member.  Punishment for those who are found guilty of misdemeanor assault family violence may also include:
  • Community Supervision (Probation)
  •  A fine of up to $4,000.00
  •  Jail confinement of up to one year
  •  Community service
  •  Anger management counseling
The Harris County District Attorney’s Office has a Family Criminal Law Division that focuses solely on domestic violence.  The prosecutors immediately call the alleged victim to get their statement as to what happened.  The prosecutors lock in the emotional stress of the event by obtaining their immediate statement.  However, facts tend to change and the importance of the incidence significantly lessens frequently after a short cooling off time.

Arrested for Assault Family Violence? Contact James Sullivan & Associates at (281) 546-6428

Defending a Houston Assault Family Violence Charge

Assault against a family member is very serious and can have far reaching consequences.  The accused may be permanently barred from working in certain industries.  The accused may be denied housing in apartment complexes.  If you are charged with assault family violence, you should seek legal advice from a experienced criminal defense lawyers.

The defense lawyers of James Sullivan & Associates fight to get their client’s assault family violence charges dismissed or won at trial.  Other domestic assault lawyers may choose to arrange a plea bargain for their clients; however, this may not be in the client’s best interest.  While it is true that a defendant who successfully completes a deferred adjudication probation will not have a conviction on their record, it is also true that if that person ever gets arrested again for assault family violence then he or she will be charged with a third degree felony and if found guilty could be sentenced to between 2 to 10 years in prison.

Negotiating a plea deal with prosecutors should be the last resort.  A good domestic assault lawyer will first investigate the case, interview witnesses, analyze physical evidence and review witness statements in the offense report for inconsistencies.  Such a defense attorney will also consider possible motives for making false allegations, such as jealousy, revenge or child custody issues.

Need Legal Advice?  Call James Sullivan & Associates at (281) 546-6428

Contact a Houston Assault Family Violence LawyerNTL-top-100-member2

The best way to resolve the case is by first talking with an Assault Family Violence Lawyer.  Houston Criminal Lawyer James Sullivan will consider the merits of your case and give you an honest evaluation.  He will aggressively defend you.  He gets results and fights cases at trial.  His legal fees are affordable, reasonable and fair.
James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.
Actual Family Violence Case Results
CRIMINAL OFFENSEACTUAL RESULTS - FAMILY VIOLENCE CASESCT #
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client was accused of slashing her ex-girlfriend's face. A witness at the scene supported client's version that her ex-girlfriend attacked her first with a broken wine bottle and cut her wrist and that her ex-girlfriend was accidentally injured in a struggle over the bottle)180th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of trying to run her baby's daddy over with her Jeep and with their young son on the front passenger seat and in view of two nearby independent witnesses. In reality, he threw his bicycle in front of her Jeep to cause her to come to a screeching halt and then cursed at her. After she drove off, he lied to the witnesses about what happened)180th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client shot his brother in the side after his brother stabbed him in the arm. The client's brother was high on synthetic marihuana)248th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of threatening his girlfriend with a knife and inflicting a serious wound on the back of her head)177th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of intentionally trying to drive into and strike his girlfriend)183rd
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client was accused of throwing a 12 lb glass trophy at his father and hitting him in the back)178th
AGGRAVATED ASSAULT FAMILY MEMBERPSI HEARING: RECEIVED DEFERRED ADJUDICATION PROBATION (Client with mental illness stabbed his girlfriend in the arm and upper back. State only offered prison time)174th
AGGRAVATED ASSAULT FAMILY MEMBERJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT (Client was accused of stabbing her boyfriend with a knife)232nd
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED BY GRAND JURY (Client accused of hitting wife multiple times after both had been drinking. As a felony habitual, client faced 25 years to Life in prison)174th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED (Client accused of hitting his girlfriend. As a felony habitual, client faced 25 years to Life in prison)176th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED BY GRAND JURY (Client was accused of abusing his 15 year old daughter even though he used reasonable discipline against her. She was being rebellious and he spanked her with a belt to discipline her)208th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT (Client was accused of hitting his girlfriend. As a felony habitual, client faced 25 years to Life in prison)338th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERREDUCED TO CLASS A MISDEMEANOR ASSAULT with jail time already served (3 days)(Client had 2 previous Assault family violence convictions involving a different complainant. Client accused of injuring his wife's neck)182nd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client was accused of choking his wife during an argument)180th
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client was accused of choking his wife during a physical altercation in which the client was slapped and scratched)351st
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client accused of suffocating his wife with a pillow)263rd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client accused of choking his immigrant wife, however she actually attacked him and tried to goad him into hitting her. When he refused, she called 911. He believes she did this so she could then claim she was a battered spouse under mmigration law and petition to stay in the U.S. after a divorce)182nd
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT conviction with jail time already served (two days). Best offer prior to trial was 4 years in prison (Client accused of choking his wife and breaking one of her ribs)178th
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT with one year of defeferred adjudication probation (Client accused of choking his wife)179th
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGCASE REDUCED TO MISDEMEANOR ASSAULT with jail time already served (6 days) (Client was accused of choking his spouse)351st
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE REDUCED TO MISDMEANOR ASSAULT by reckless conduct with 1 year of deferred adjudication probation at trial setting (Client was accused of choking his spouse)339th
CONTINUOUS ASSAULT FAMILY VIOLENCE in Montgomery CountyREDUCED TO MISDEMEANOR ASSAULT with one year of deferred adjudication probation and no finding of family violence (Client accused of hitting his wife on two different days of the same week)221st
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client slapped his adult daughter after she cursed him to his face)8
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client allegedly committed an assault against her spouse)7
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client was falsely accused of assault by his girlfriend)6
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client was falsely accused of assault by his wife in order for her to justify an emergency job transfer back to her hometown)13
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of injuring his girlfriend at the time they had a heated argument and broke up)4
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of his injuring his pregnant wife. Prosecutor agreed to dismiss the case after some marital counseling)6
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of hitting his adult son after his son stole his work truck to buy drugs)5
ASSAULT FAMILY MEMBER in Montgomery CountyCASE DISMISSED (Client allegedly attacked her husband. When Sullivan was going to set the case for a jury trial at the first setting, the State agreed to dismiss the case after some brief counseling that did not involve the BIPP program)2
ASSAULT FAMILY MEMBER in Montgomery CountyCASE DISMISSED (Client allegedly attacked his girlfriend. When Sullivan was going to set the case for a jury trial at the first setting, the State agreed to dismiss the case after some brief counseling that did not involve the BIPP program)2
ASSAULT FAMILY MEMBER in Waller CountyCASE DISMISSED (Client was accused of injuring ex-wife after divorce was final. Client insisted he was innocent. State dismissed the case in the interests of justice)County Court
ASSAULT FAMILY MEMBER in Liberty CountyCASE DISMISSED (Client was accused of hitting his spouse)County Court

Call James Sullivan right now at (281) 546-6428.

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Houston Criminal Lawyer for Burglary of a Habitation http://www.texascriminaltriallawyer.org/2013/09/03/houston-criminal-lawyer-for-burglary-of-a-habitation/ Tue, 03 Sep 2013 21:57:22 +0000 http://www.texascriminaltriallawyer.org/?p=8937 Harris County Burglary Defense Attorney

If you have been charged with burglary of a habitation, take immediate action and call an attorney.  Even if you are being investigated by the police and charges have not yet been filed, you should not wait.  An experienced Houston criminal attorney may be able to fight and win your case at the grand jury level.  If that happens, you would have the immediate right to get the criminal records expunged.

If you wait until you are arrested, this option may no longer be available.  Also, burglary cases are complex and punishment is severe.  The court could impose huge fines.  You could lose your freedom.  You need the counseling, guidance and defense of an experienced Houston criminal trial lawyer to fight for the best result.

Houston Attorney for Burglary of a Habitation

At the Law Office of James Sullivan & Associates, we know what is at stake when our clients face serious felony charges.   Our job is to fight for your rights, freedom and future.  We have experience fighting burglary cases at the grand jury level and at jury trial.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your burglary charges.

What is Burglary of a Habitation in Houston?

Texas law defines burglary under Texas Penal Code §30.02 as unlawful entry into (or remaining concealed within) a home, business or any type of enclosed structure with the intent to commit a felony, theft or an assault.  Although most burglary cases involve theft, the act itself is not limited to theft.  For example, if a person breaks into an apartment in order to attack someone, that person would be charged with burglary of a habitation.

Burglary of a habitation is a second degree felony.  You could be sentenced to 2 to 20 years in prison. The burglary is enhanced to a first degree felony with imprisonment up to 99 years or life if you entered the habitation with the intent to commit or actual commission of a felony other than felony theft (for example, aggravated assault or sexual assault).  In addition, you could be fined $10,000.

Houston Criminal Attorney James Sullivan has been fighting the State on felony criminal cases since 1994 and gets proven results.  With an available team of experienced investigators and experts, Sullivan prepares a strong defense and fights to get you the best result.  Depending on the facts and circumstances of your case, that could include reduced charges, dismissal or acquittal at trial.

James Sullivan & Associates | Houston Burglary Defense Lawyer

Contact James Sullivan & Associates for a free consultation at (281) 546-6428 about your burglary charges in the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.  Our principal office is in northwest Houston near FM 1960 and Jones Road.  James Sullivan & Associates are experienced Houston felony lawyers who will work hard to get you the best result for your particular situation.

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Houston Criminal Lawyer for Aggravated Robbery http://www.texascriminaltriallawyer.org/2013/09/03/houston-criminal-lawyer-for-aggravated-robbery/ Tue, 03 Sep 2013 17:15:43 +0000 http://www.texascriminaltriallawyer.org/?p=8932 Houston Aggravated Robbery Lawyer

Harris County Robbery Defense Attorney

Robbery itself is a serious felony that occurs when you injure someone or threaten to injure or kill someone while in the course of committing theft (Texas Penal Code §29.02).  If convicted of robbery, you face 2 to 20 years in prison and a fine up to $10,000. 

Aggravated robbery is more serious and the penalties more severe.  If convicted of aggravated robbery, you face 5 to 99 years or life in prison and a fine up to $10,000 (Texas Penal Code §29.03). 

Robbery cases are complex and the penalties are severe.  It is important to retain a Houston criminal lawyer with the experience in defending these cases.  Attorney James Sullivan has fought aggravated robbery cases at trial and has also been successful in persuading prosecutors to dismiss robbery cases.  Sullivan also has experience in getting several such cases no billed (dismissed) by the grand jury.  Of course, each case is different and the results depend on the unique facts and circumstances of each case.

The Houston criminal trial lawyers at the Law Office of James G. Sullivan and Associates have over 45 combined years of defending felony and misdemeanor cases at trial.  They are dedicated to obtaining the best result for their clients either through litigation or negotiation.

Houston Aggravated Robbery Lawyer

Fighting for Your Rights, Freedom and Future

A robbery becomes aggravated robbery when a knife, gun or other deadly weapon is used, or when you cause serious bodily injury to another.  Other factors that can increase the robbery to an aggravated robbery involve the age or disability of the alleged victim.

At the Law Office of James Sullivan & Associates, we know what is at risk when our clients face aggravated robbery charges.  Our job is to fight for your rights, freedom and future.  Attorney James Sullivan has been fighting felony and misdemeanor charges at trial since 1994, and we will use our extensive experience to get you the best possible result.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Actual Robbery Case Results

CRIMINAL OFFENSEACTUAL RESULTS - CRIMINAL AND JUVENILE CASESCT #
Aggravated Robbery (1° Felony)DISMISSED BY GRAND JURY (Client allegedly robbed a restaurant with a handgun)228th
Aggravated Robbery (1° Felony)REDUCED TO AGGRAVATED ASSAULT AT PRE-TRIAL CONFERENCE SETTING (Client allegedly struck a teenager in the face with a rifle and stole his cell phone)209th
Aggravated Robbery (1° Felony) (2 Cases)3 YEARS OF DETERMINATE PROBATION AT HOME (16 year old client drove 2 guys on a crime spree--robbing several people at knifepoint in a short period of time. One guy got away and the other who was 17 received 3 years at TDC on a reduced aggravated assault charge)315th
Robbery (2° Felony)REDUCED TO MISDEMEANOR ASSAULT ON JURY TRIAL SETTING (Client accused of stealing cell phone after attacking his girlfriend)(State only offered 4 years in prison before trial) – Case # 1306891339th
Theft from a Person (State Jail Felony)REDUCED TO MISDEMEANOR THEFT and granted 2 years DADJ – Case # 1317454337th
Motion to Adjudicate Guilt (Robbery) (2° Felony)MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION – Case # 1284911337th
Motion to Adjudicate Guilt (Aggravated Robbery) (1° Felony)MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION – Case # 1287859337th
Robbery (2° Felony)REDUCED TO MISDEMEANOR ASSAULT313th
Robbery (2° Felony)CASE DISMISSED – Case # 1260791232nd
Robbery (2° Felony)REDUCED TO THEFT FROM A PERSON (State Jail Felony)232nd
Robbery (4 separate cases) (Felony Habitual enhanced)SENTENCED TO 10 YEARS TDC ON JURY TRIAL SETTING (Client was facing 25 years to Life in prison. Client was accused of committing 4 separate robberies within 24 hours of being released from prison. Client still had 10 years left on his parole, so for him a 10 year sentence was an extraordinary result)179th
Aggravated Robbery (2 cases) (1 case dismissed) (1° Felony)CASE REDUCED TO AGGRAVATED ASSAULT AND CLIENT RECEIVED DEFERRED ADJUDICATION PROBATION – Case # 1205480177th
Robbery (2° Felony)CASE REDUCED TO MISDEMEANOR THEFT – Case # 1194487179th
Aggravated Robbery (2 cases) (1 case found Not Guilty and 1 case dismissed) (1° Felony)NOT GUILTY VERDICT BY JURY (James Sullivan represented a 25 year old man accused of 2 separate armed robberies, including a home invasion across the street from the South Houston Police Department. The chief of police and another police officer testified in trial that they positively identified Sullivan's client as one of the three armed robbers who fled on foot from the scene. The police initially suspected Sullivan’s client because his vehicle was left behind at the scene. After the jury returned a not guilty verdict in Case # 781193, the prosecutor dismissed a second prior aggravated robbery charge in Case # 780649. If convicted of either robbery case, the accused faced 25 years to life in prison. Sullivan then represented his client at a parole revocation hearing and his client was kept on parole)174th

Contact James Sullivan & Associates for a free initial consultation at (281) 546-6428 about your robbery charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

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Houston Child Abuse Defense Attorney James Sullivan Can Defend You http://www.texascriminaltriallawyer.org/2013/07/08/houston-child-abuse-harris-county-injury-child-lawyer/ Mon, 08 Jul 2013 01:37:35 +0000 http://www.texascriminaltriallawyer.org/?p=8890 Houston Child Abuse

Parents, family members, guardians or caretakers of children are often alarmed or stunned that they are accused of child abuse or neglect in the Greater Houston area.  Because of reporting requirements in Texas, law enforcement officers usually will investigate almost all reports of discipline or physical abuse, including slapping, hitting, spanking, kicking, beating, broken bones or any welts, bruises or marks on the child.

Although bruises and marks alone are insufficient evidence for a child abuse conviction, allegations of child neglect or abuse can result in serious consequences if the alleged abuser is convicted or placed on probation, including jail time, fines, irreparable harm to reputation, humiliation, loss of parental rights and/or  a permanent criminal record.

Charges or accusations of child neglect or abuse do not have to result in a criminal conviction.  To do so, each and every element of the offense has to be proved beyond a reasonable doubt by the state prosecutor.   This burden of proof is very high and the State often has difficult in meeting it.  If the jury has a reasonable doubt you committed every element of the offense, you will be found not guilty.  If the State does not believe they can prove their case at trial, the State may offer to reduce the charges to a misdemeanor or even dismiss the charges outright.  Therefore, it is extremely important that you contact an experienced criminal trial lawyer in the Greater Houston area who will investigate your case and suggest the best legal strategy to defend you.

Houston Child Abuse Lawyer

Contact James Sullivan & Associates for a consultation at (281) 546-6428 about your allegations of child abuse or child neglect.

What is Child Abuse in Houston?

Texas law defines abuse under Texas Family Code §261.001(1) as any of the following acts or omissions:

  • Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning;
  • Allowing a child to be in a situation where the child receives mental or emotional injury;
  • Physical injury or threat of substantial harm to the child;
  • Failure to make a reasonable effort to prevent the acts of another person that results in physical injury that results in substantial harm to the child;
  • Sexual conduct harmful to a child’s emotional, mental or physical welfare including conduct that constitutes the offense of continuous sexual abuse of young child or children (Texas Penal Code §21.02), indecency with a child (TPC § 21.11) sexual assault (TPC §22.011) or aggravated sexual assault (TPC § 22.021);
  • Failure to make a reasonable effort to prevent sexual conduct harmful to a child;
  • Compelling or encouraging a child to engage in sexual conduct such as prostitution or pornography;
  • Using a controlled substance by a person in a way that the use results in mental, emotional or physical injury to a child;
  • Causing, allowing or encouraging a child to use a controlled substance; and/or
  • Causing, allowing, encouraging, or engaging in a sexual performance by a child (TPC § 43.25).

What is Child Neglect in Houston?

Neglect is defined by TFC §261.001(4) as:

  • Leaving a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;
  • Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm or harmful sexual conduct;
  • The failure to seek medical care for a child that results in a substantial risk of death, disfigurement or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; and/or
  • The failure to provide a child with food, clothing or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused.

Houston Child Abuse Crimes

According to TPC § 22.04, an individual can be charged with child abuse, injury to a child or child neglect if they intentionally, knowingly, recklessly or with criminal negligence cause a child:

  • Serious bodily injury,
  • Serious mental deficiency, impairment or injury, or
  • Bodily injury.

An individual can also be charged with child abuse if they fail to act on behalf of or care for a child the alleged offender had a legal or statutory duty to act on behalf of or if they have assumed care for the child, such as parent or an owner of or an employee of a child day care.

Texas law defines as a child as anyone 14 years of age or younger, according to TPC § 22.04(c)(1).

Bodily injury is defined as any physical pain, illness or impairment of any physical condition, according to TPC § 1.07(a)(8) .  Serious bodily injury is defined as any bodily injury that causes permanent impairment or loss of any body part or organ, substantial risk of death, or serious permanent disfigurement, according to TPC § 1.07(a)(46).

Houston Child Abuse Punishment

The possible punishments and penalties for child abuse offenses are defined in Chapter 12 of the Texas Penal Code.  The degree of conviction and punishment varies depending on the alleged offender’s mental state and the degree of injury caused to the child as a result of the abuse or neglect.

An individual charged with a child abuse offense involving criminal negligence by the alleged offender can be convicted of a state jail felony.  A state jail felony is punishable by 180 days to two years in jail and/or a fine up to $10,000.

An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in bodily injury can be convicted of state jail felony.  A state jail felony is punishable by a fine up to $10,000 and/or a jail sentence ranging from 180 days to two years.

An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in bodily injury can be convicted of a felony of the third degree. A felony of the third degree is punishable by two to ten years in prison and/or a fine up to $10,000.

An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in serious bodily injury or serious mental injury can be convicted of a felony of the second degree. A felony of the second degree is punishable by two to 20 years in prison and/or a fine up to $10,000.

An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in serious mental injury or serious bodily injury can be convicted of a felony of the first degree. A felony of the first degree is punishable by a prison sentence ranging from five to 99 years and/or a fine not more than $10,000.

What are the Duty to Report Child Abuse Laws in Texas?

According to TFC §261.101, anyone who has reason to believe a child’s mental or physical health or welfare has been adversely affected by abuse or neglect is required to make a report with the Texas Department of Family and Protective Services.

Additionally, anyone who is considered a child care professional is required to make the report within 48 hours.  A professional in Texas is anyone who is licensed or certified by the state or is an employee of a facility licensed or certified by the state and has direct contact with children in the normal course of their job.  

Child care professionals can include

  • nurses,
  • doctors,
  • mental health practitioners,
  • attorneys,
  • members of the clergy,
  • teachers,
  • reproductive service clinic or facility employees,
  • juvenile probation officers,
  • juvenile detention or correctional officers, and/or
  • day-care employees.

Failure to make a report of child abuse or neglect as provided by Texas law can result in being charged with a misdemeanor or state jail felony offense.

James Sullivan & Associates | Houston Child Neglect Attorney

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact James Sullivan & Associates for a free consultation at (281) 546-6428 about your allegations of child abuse or child neglect in the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac), Jefferson County (Beaumont) and throughout the State of Texas. James Sullivan is an experienced Houston family crimes lawyer who will work hard to get you the best result for your particular situation.
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Sexual Assault of a Child – Houston Criminal Defense Attorney James Sullivan Can Help http://www.texascriminaltriallawyer.org/2013/07/05/sexual-assault-child-houston-criminal-defense-attorney-james-sullivan-can-help/ Fri, 05 Jul 2013 10:50:42 +0000 http://www.texascriminaltriallawyer.org/?p=8582 Houston Sexual Assault Defense Lawyers

In Texas, Statutory Rape is charged as Sexual Assault of a Child, a serious felony offense. If convicted as an adult, the defendant is required to register as a sex offender for life. If the alleged child victim is between 14 to 16 years of age, the crime is a second degree felony and punishable by 2 to 20 years in prison for each count in the indictment. If the alleged child victim is under 14 years of age, the crime is a first degree felony and punishable by 5 to 99 years in prison for each count in the indictment.

Arrested?  Contact Houston Sexual Assault Defense Attorney James Sullivan at (281) 546-6428.

These cases seem to be more and more common. A 23 year old male name “John” goes to a friend’s house party and meets an attractive, willing woman who says she is 18 years of age. They have consensual sex in one of the bedrooms. Several days later, he learns that she is really 14 years of age and that her mother found out about it and called the police.
John now faces serious sex offense charges. There are several important legal issues to consider:

  • In Texas, for purposes of the Sexual Assault of a Child and Indecency with a Child crimes, a child does not become an adult until age 17. For other sexual-related offenses, including Possession of Child Pornography and Sexual Performance of a Child, the age of an adult is 18 years.
  • In Texas, it is not a defense that the accused did not know the child’s real age. So, the alleged victim could have lied about her age to the accused and the accused will still face criminal charges.
  • The alleged victim cannot legally consent to sexual relations unless the alleged victim is 14 years of age or older and there is only a 3 year or less difference between the ages of the alleged victim and the accused.
  • In Texas, only one eye-witness, the alleged victim, is sufficient for conviction, so long as the jury believes the alleged victim beyond a reasonable doubt.
  • In Texas, neither genital trauma nor DNA evidence is required for a conviction.
  • In Texas, voluntary intoxication is not a defense. So, if the accused goes to a party, gets drunk and sleeps with an underage girl, he cannot use his intoxication as a defense to the crime of Sexual Assault of a Child.
  • In Texas, each separate sexual act can be separately charged within one indictment and, if there is a conviction, each Count can be stacked or served consecutively.

With these types of sexual offenses, there are many other legal issues involved. If a person is charged with sexual assault of a child, possession of child pornography or any type of sex offense, it is important to retain a criminal defense attorney who is experienced defending Texas sex offenses.

NTL-top-100-member2James Sullivan and Associates are Houston Criminal Defense and Houston Juvenile Defense Attorneys with over 45 years of defense experience. Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas. Sullivan is also board certified in Juvenile Law by the Texas Board of Legal Specialization.  Juvenile Law is different than criminal law . Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.

Contact James Sullivan and Associates at (281) 546-6428 for a free confidential consultation.

Houston Sex Crimes Lawyer James Sullivan Fights Cases at the Grand Jury Level

Houston Sex Crimes Defense Attorney James Sullivan has been very successful in getting Sexual Assault of a Child cases No Billed (dismissed) by the Grand Jury.  In just the past three years, Sullivan has fought these cases and prevailed in 5 such cases in Harris County as detailed below.  When a case is No Billed by the Grand Jury, the accused has the right to immediately seek an expunction of his criminal record.  Because prosecutors generally seek to present the case to the Grand Jury between the first and setting court setting, it is extremely important to hire a defense attorney right away.  Unless a defense attorney requests that the prosecutor hold the case from the Grand Jury in order to prepare a defense packet, the prosecutor will seek an indictment from the Grand Jury.

Once an accused is indicted, this option is no longer available.  If found guilty by a jury or if placed on deferred adjudication probation for this type of offense, the accused would be required to register as a sex offender for life.  Time is of the essence in retaining a knowledgeable defense attorney.

DATE CASE # CT # TEXAS CRIMINAL OFFENSE ACTUAL RESULT
         
04/19/12 1332791 185th SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of having consensual sex with underage girl he met on online after she falsely claimed that she was 18)
12/03/10 1283460 232nd SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)
08/24/10 1264919 232ND SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)
04/28/10 1220515 179TH SEXUAL ASSAULT OF A CHILD (2° Felony) DISMISSED BY STATE PRIOR TO TRIAL SETTING (Client accused of committing sexual assault against a young relative)
11/23/09 1231727 179TH SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)
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Houston Criminal Records Expungement Attorney James Sullivan http://www.texascriminaltriallawyer.org/2013/06/04/houston-criminal-records-expungement-attorney-james-sullivan/ Tue, 04 Jun 2013 23:10:23 +0000 http://www.texascriminaltriallawyer.org/?p=8859 Houston Criminal Records Expunction Lawyer

Texas Expunction / Expungement Lawyer James Sullivan helps people get their criminal and juvenile records expunged so that they can get good jobs, go to good colleges or join the military.  The process of criminal record expungement involves filing a civil lawsuit against agencies maintaining your criminal records.  The lawsuit seeks to clear your record of the state criminal charges listed in the lawsuit.  If the civil district court judge signs the expungement order, any agency which maintains your listed criminal record will be ordered to destroy it.

A criminal record can only be ordered expunged in a few situations, including:

  • You were found not guilty at trial,
  • a grand jury no bills (dismisses) your felony case,
  • the prosecutor drops charges before going to trial,
  • a judge dismissed your case before going to trial,
  • your conviction was overturned on appeal and
  • your case was dismissed after successfully completing a Pretrial Diversion program.

Differences Between Expungement and Non-Disclosure

Expungement is much better than non-disclosure (record sealing).  When a judge orders a criminal record to be non-disclosed (i.e. sealed), that means that your criminal record will not be accessible by the general public, however the criminal charges still remain on your record.  Expungement wipes those criminal records clean.  That means that if the police pull you over for a traffic violation, then they will not know about your prior criminal record and therefore will not treat you differently.

Need an Expungement? Contact Attorney James Sullivan at (281) 546-6428.

If you are being adversely affected by criminal records, your best option may be expungement.  You can call the law offices of James Sullivan and Associates for a free consultation to discuss your criminal case and explain the legal process.  Houston Criminal Defense Attorneys James Sullivan and Associates have over 45 combined years of experience practicing Texas criminal law as defense lawyers.  They will evaluate your case, and if you qualify for an expungement, they will fight hard to clear your good name.

A Pretrial Diversion program can also help keep your record clean.  James Sullivan fights hard to make sure that participation in a pretrial diversion program is an option for almost all of his clients who are charged as first-time misdemeanor offenders.  When you successfully complete a diversion program, then your charges are dismissed and you can then file to have the charge expunged from your record.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Houston Criminal Records Expungement Lawyer James Sullivan represents clients in criminal and juvenile courts throughout the state of Texas.  If you want experienced criminal and juvenile lawyers to protect your legal rights and safeguard your future, you can call Attorneys James Sullivan and Associates at (281) 546-6428.

 

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Fort Bend County Child Abuse Lawyer | Sugar Land Injury to a Child Attorney http://www.texascriminaltriallawyer.org/2013/05/15/fort-bend-county-child-abuse-lawyer-sugarland-injury-child-attorney/ Wed, 15 May 2013 22:51:48 +0000 http://www.texascriminaltriallawyer.org/?p=8847

Fort Bend County Child Abuse

Parents, family members, guardians or caretakers of children are often alarmed or stunned that they are accused of child abuse or neglect in the Greater Houston area.  Because of reporting requirements in Texas, law enforcement officers usually will investigate almost all reports of discipline or physical abuse, including slapping, hitting, spanking, kicking, beating, broken bones or any welts, bruises or marks on the child.
Although bruises and marks alone are insufficient evidence for a child abuse conviction, allegations of child neglect or abuse can result in serious consequences if the alleged abuser is convicted or placed on probation, including jail time, fines, irreparable harm to reputation, humiliation, loss of parental rights and/or  a permanent criminal record.
Charges or accusations of child neglect or abuse do not have to result in a criminal conviction.  To do so, each and every element of the offense has to be proved beyond a reasonable doubt by the state prosecutor.   This burden of proof is very high and the State often has difficult in meeting it.  If the jury has a reasonable doubt you committed every element of the offense, you will be found not guilty.  If the State does not believe they can prove their case at trial, the State may offer to reduce the charges to a misdemeanor or even dismiss the charges outright.  Therefore, it is extremely important that you contact an experienced criminal trial lawyer in the Greater Houston area who will investigate your case and suggest the best legal strategy to defend you.
Sugar Land Child Abuse Lawyer
Contact James Sullivan & Associates for a consultation at (281) 546-6428 about your allegations of child abuse or child neglect through Texas, including the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac) and Jefferson County (Beaumont).

James (Jim) Sullivan is an experienced Sugar Land Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

What is Child Abuse in Fort Bend County?
Texas law defines abuse under Texas Family Code §261.001(1) as any of the following acts or omissions:
  • Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning;
  • Allowing a child to be in a situation where the child receives mental or emotional injury;
  • Physical injury or threat of substantial harm to the child;
  • Failure to make a reasonable effort to prevent the acts of another person that results in physical injury that results in substantial harm to the child;
  • Sexual conduct harmful to a child’s emotional, mental or physical welfare including conduct that constitutes the offense of continuous sexual abuse of young child or children (Texas Penal Code §21.02), indecency with a child (TPC § 21.11) sexual assault (TPC §22.011) or aggravated sexual assault (TPC § 22.021);
  • Failure to make a reasonable effort to prevent sexual conduct harmful to a child;
  • Compelling or encouraging a child to engage in sexual conduct such as prostitution or pornography;
  • Using a controlled substance by a person in a way that the use results in mental, emotional or physical injury to a child;
  • Causing, allowing or encouraging a child to use a controlled substance; and/or
  • Causing, allowing, encouraging, or engaging in a sexual performance by a child (TPC § 43.25).
What is Child Neglect in Fort Bend County?
Neglect is defined by TFC §261.001(4) as:
  • Leaving a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;
  • Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm or harmful sexual conduct;
  • The failure to seek medical care for a child that results in a substantial risk of death, disfigurement or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; and/or
  • The failure to provide a child with food, clothing or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused.
Sugar Land Child Abuse Crimes
According to TPC § 22.04, an individual can be charged with child abuse, injury to a child or child neglect if they intentionally, knowingly, recklessly or with criminal negligence cause a child:
  • Serious bodily injury,
  • Serious mental deficiency, impairment or injury, or
  • Bodily injury.
An individual can also be charged with child abuse if they fail to act on behalf of or care for a child the alleged offender had a legal or statutory duty to act on behalf of or if they have assumed care for the child, such as parent or an owner of or an employee of a child day care.
Texas law defines as a child as anyone 14 years of age or younger, according to TPC § 22.04(c)(1).  Bodily injury is defined as any physical pain, illness or impairment of any physical condition, according to TPC § 1.07(a)(8) .  Serious bodily injury is defined as any bodily injury that causes permanent impairment or loss of any body part or organ, substantial risk of death, or serious permanent disfigurement, according to TPC § 1.07(a)(46).
Sugar Land Child Abuse Punishment
The possible punishments and penalties for child abuse offenses are defined in Chapter 12 of the Texas Penal Code.  The degree of conviction and punishment varies depending on the alleged offender’s mental state and the degree of injury caused to the child as a result of the abuse or neglect.
    An individual charged with a child abuse offense involving criminal negligence by the alleged offender can be convicted of a state jail felony.  A state jail felony is punishable by 180 days to two years in jail and/or a fine up to $10,000.
    An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in bodily injury can be convicted of state jail felony.  A state jail felony is punishable by a fine up to $10,000 and/or a jail sentence ranging from 180 days to two years.
    An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in bodily injury can be convicted of a felony of the third degree. A felony of the third degree is punishable by two to ten years in prison and/or a fine up to $10,000.
    An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in serious bodily injury or serious mental injury can be convicted of a felony of the second degree. A felony of the second degree is punishable by two to 20 years in prison and/or a fine up to $10,000.
    An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in serious mental injury or serious bodily injury can be convicted of a felony of the first degree. A felony of the first degree is punishable by a prison sentence ranging from five to 99 years and/or a fine not more than $10,000.
What are the Duty to Report Child Abuse Laws in Texas?
According to TFC §261.101, anyone who has reason to believe a child’s mental or physical health or welfare has been adversely affected by abuse or neglect is required to make a report with the Texas Department of Family and Protective Services.
Additionally, anyone who is considered a child care professional is required to make the report within 48 hours.  A professional in Texas is anyone who is licensed or certified by the state or is an employee of a facility licensed or certified by the state and has direct contact with children in the normal course of their job.  
Child care professionals can include
  • nurses,
  • doctors,
  • mental health practitioners,
  • attorneys,
  • members of the clergy,
  • teachers,
  • reproductive service clinic or facility employees,
  • juvenile probation officers,
  • juvenile detention or correctional officers, and/or
  • day-care employees.
Failure to make a report of child abuse or neglect as provided by Texas law can result in being charged with a misdemeanor or state jail felony offense.
James Sullivan & Associates | Sugar Land Child Neglect Attorney
Contact James Sullivan & Associates for a free consultation at (281) 546-6428 about your allegations of child abuse or child neglect in the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac) and Jefferson County (Beaumont).  James Sullivan is an experienced Sugarland family crimes lawyer who will work hard to get you the best result for your particular situation.
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Brazoria County Child Abuse Lawyer | Angleton Injury to a Child Attorney James Sullivan Fights for his Clients http://www.texascriminaltriallawyer.org/2013/05/15/brazoria-county-child-abuse-lawyer-angleton-injury-child-attorney/ Wed, 15 May 2013 22:31:03 +0000 http://www.texascriminaltriallawyer.org/?p=8841 Brazoria County Child Abuse
Parents, family members, guardians or caretakers of children are often alarmed or stunned that they are accused of child abuse or neglect in the Greater Houston area. Because of reporting requirements in Texas, law enforcement officers usually will investigate almost all reports of discipline or physical abuse, including slapping, hitting, spanking, kicking, beating, broken bones or any welts, bruises or marks on the child.
Although bruises and marks alone are insufficient evidence for a child abuse conviction, allegations of child neglect or abuse can result in serious consequences if the alleged abuser is convicted or placed on probation, including jail time, fines, irreparable harm to reputation, humiliation, loss of parental rights and/or  a permanent criminal record.
Charges or accusations of child neglect or abuse do not have to result in a criminal conviction.  To do so, each and every element of the offense has to be proved beyond a reasonable doubt by the state prosecutor.   This burden of proof is very high and the State often has difficult in meeting it.  If the jury has a reasonable doubt you committed every element of the offense, you will be found not guilty.  If the State does not believe they can prove their case at trial, the State may offer to reduce the charges to a misdemeanor or even dismiss the charges outright.  Therefore, it is extremely important that you contact an experienced criminal trial lawyer in the Greater Houston area who will investigate your case and suggest the best legal strategy to defend you.

James (Jim) Sullivan is an experienced Angleton Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Angleton Child Abuse Lawyer
Contact James Sullivan & Associates for a consultation at (281) 546-6428 about your allegations of child abuse or child neglect through Texas, including the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac) and Jefferson County (Beaumont).
What is Child Abuse in Brazoria County?
Texas law defines abuse under Texas Family Code §261.001(1) as any of the following acts or omissions:
  • Mental or emotional injury to a child that results in an observable and material impairment in the child’s growth, development, or psychological functioning;
  • Allowing a child to be in a situation where the child receives mental or emotional injury;
  • Physical injury or threat of substantial harm to the child;
  • Failure to make a reasonable effort to prevent the acts of another person that results in physical injury that results in substantial harm to the child;
  • Sexual conduct harmful to a child’s emotional, mental or physical welfare including conduct that constitutes the offense of continuous sexual abuse of young child or children (Texas Penal Code §21.02), indecency with a child (TPC § 21.11) sexual assault (TPC §22.011) or aggravated sexual assault (TPC § 22.021);
  • Failure to make a reasonable effort to prevent sexual conduct harmful to a child;
  • Compelling or encouraging a child to engage in sexual conduct such as prostitution or pornography;
  • Using a controlled substance by a person in a way that the use results in mental, emotional or physical injury to a child;
  • Causing, allowing or encouraging a child to use a controlled substance; and/or
  • Causing, allowing, encouraging, or engaging in a sexual performance by a child (TPC § 43.25).
What is Child Neglect in Brazoria County?
Neglect is defined by TFC §261.001(4) as:
  • Leaving a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;
  • Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm or harmful sexual conduct;
  • The failure to seek medical care for a child that results in a substantial risk of death, disfigurement or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; and/or
  • The failure to provide a child with food, clothing or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused.
Angleton Child Abuse Crimes
According to TPC § 22.04, an individual can be charged with child abuse, injury to a child or child neglect if they intentionally, knowingly, recklessly or with criminal negligence cause a child:
  • Serious bodily injury,
  • Serious mental deficiency, impairment or injury, or
  • Bodily injury.
An individual can also be charged with child abuse if they fail to act on behalf of or care for a child the alleged offender had a legal or statutory duty to act on behalf of or if they have assumed care for the child, such as parent or an owner of or an employee of a child day care.
Texas law defines as a child as anyone 14 years of age or younger, according to TPC § 22.04(c)(1).  Bodily injury is defined as any physical pain, illness or impairment of any physical condition, according to TPC § 1.07(a)(8) .  Serious bodily injury is defined as any bodily injury that causes permanent impairment or loss of any body part or organ, substantial risk of death, or serious permanent disfigurement, according to TPC § 1.07(a)(46).
Angleton Child Abuse Punishment
The possible punishments and penalties for child abuse offenses are defined in Chapter 12 of the Texas Penal Code.  The degree of conviction and punishment varies depending on the alleged offender’s mental state and the degree of injury caused to the child as a result of the abuse or neglect.
    An individual charged with a child abuse offense involving criminal negligence by the alleged offender can be convicted of a state jail felony.  A state jail felony is punishable by 180 days to two years in jail and/or a fine up to $10,000.
    An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in bodily injury can be convicted of state jail felony.  A state jail felony is punishable by a fine up to $10,000 and/or a jail sentence ranging from 180 days to two years.
    An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in bodily injury can be convicted of a felony of the third degree. A felony of the third degree is punishable by two to ten years in prison and/or a fine up to $10,000.
    An individual charged with a child abuse offense involving reckless actions by the alleged offender that resulted in serious bodily injury or serious mental injury can be convicted of a felony of the second degree. A felony of the second degree is punishable by two to 20 years in prison and/or a fine up to $10,000.
    An individual charged with a child abuse offense involving intentional or knowing actions by the alleged offender that resulted in serious mental injury or serious bodily injury can be convicted of a felony of the first degree. A felony of the first degree is punishable by a prison sentence ranging from five to 99 years and/or a fine not more than $10,000.
What are the Duty to Report Child Abuse Laws in Texas?
According to TFC §261.101, anyone who has reason to believe a child’s mental or physical health or welfare has been adversely affected by abuse or neglect is required to make a report with the Texas Department of Family and Protective Services.
Additionally, anyone who is considered a child care professional is required to make the report within 48 hours.  A professional in Texas is anyone who is licensed or certified by the state or is an employee of a facility licensed or certified by the state and has direct contact with children in the normal course of their job.
Child care professionals can include
  • nurses,
  • doctors,
  • mental health practitioners,
  • attorneys,
  • members of the clergy,
  • teachers,
  • reproductive service clinic or facility employees,
  • juvenile probation officers,
  • juvenile detention or correctional officers, and/or
  • day-care employees.
Failure to make a report of child abuse or neglect as provided by Texas law can result in being charged with a misdemeanor or state jail felony offense.
James Sullivan & Associates | Angleton Child Neglect Attorney
Contact James Sullivan & Associates for a free consultation at (281) 546-6428 about your allegations of child abuse or child neglect in the areas of Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Matagorda County (Bay City),  Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty),  Chambers County (Anahuac) and Jefferson County (Beaumont).  James Sullivan is an experienced Angleton family crimes lawyer who will work hard to get you the best result for your particular situation.
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Montgomery County Family Violence Lawyer | Conroe Texas James Sullivan Fights for his Clients http://www.texascriminaltriallawyer.org/2013/04/19/montgomery-county-family-violence-lawyer-conroe-texas/ Fri, 19 Apr 2013 01:05:42 +0000 http://www.texascriminaltriallawyer.org/?p=8835 Texas Assault Family Violence Charges Defense

Montgomery County  Domestic Assault Lawyers James Sullivan & Associates
Most couples learn to resolve their differences or even end their relationships without resorting to domestic assault or family violence.  Sometimes, however, even good people gets so stressed out and feel so overwhelmed that they lose it even for a moment and strike out at their partner or another family member in a physical way.
The Consequences for Assault Family Violence
Depending on the circumstances, the prosecutors can charge Assault Family Violence either as:
  • a misdemeanor, or
  • a felony.

A Class A Misdemeanor Assault means that a person caused bodily injury (or pain) to their partner.  If the person used a deadly weapon in the domestic assault, then it is a Felony Aggravated Assault.  If the person choked their partner or restricted their breathing, then it is also a Felony.  No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner, spouse or family member.  Punishment for those who are found guilty of misdemeanor assault family violence may also include:

  • Community Supervision (Probation
  •  A fine of up to $4,000.00
  •  Jail confinement of up to one year
  •  Community service
  •  Anger management counseling

The Montgomery County District Attorney’s Office immediately calls the alleged victim to get their statement as to what happened.  The prosecutors lock in the emotional stress of the event by obtaining their immediate statement.  However, facts tend to change and the importance of the incidence significantly lessens frequently after a short cooling off time.

Arrested for Assault Family Violence? Call James Sullivan at (281) 546-6428. 

Defending a Conroe Texas Assault Family Violence Charge

Assault against a family member is very serious and can have far reaching consequences.  The accused may be permanently barred from working in certain industries.  The accused may be denied housing in apartment complexes.  If you are charged with assault family violence, you should seek legal advice from a experienced criminal defense lawyers.
The defense lawyers of James Sullivan & Associates fight to get their client’s assault family violence charges dismissed or won at trial.  Other domestic assault lawyers may choose to arrange a plea bargain for their clients; however, this may not be in the client’s best interest.  While it is true that a defendant who successfully completes a deferred adjudication probation will not have a conviction on their record, it is also true that if that person ever gets arrested again for assault family violence then he or she will be charged with a third degree felony and if found guilty could be sentenced to between 2 to 10 years in prison.
Negotiating a plea deal with prosecutors should be the last resort.  A good domestic assault lawyer will first investigate the case, interview witnesses, analyze physical evidence and review witness statements in the offense report for inconsistencies.  Such a defense attorney will also consider possible motives for making false allegations, such as jealousy, revenge or child custody issues.
Call a Conroe Texas Assault Family Violence Lawyer
The best way to resolve the case is by first talking with an Assault Family Violence Lawyer.  Conroe Texas Criminal Lawyer James Sullivan will consider the merits of your case and give you an honest evaluation.  He will aggressively defend you.  His legal fees are affordable, reasonable and fair.
James (Jim) Sullivan is an experienced Conroe Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Call James Sullivan at (281) 546-6428 for a free confidential consultation.
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Waller County Domestic Violence Lawyer | Hempstead Texas Family Violence Attorney James Sullivan http://www.texascriminaltriallawyer.org/2013/04/19/waller-county-domestic-violence-lawyer-hempstead-texas-family-violence-attorney/ Fri, 19 Apr 2013 00:41:50 +0000 http://www.texascriminaltriallawyer.org/?p=8830 Assault Family Violence Charges Defense
Waller County Domestic Assault Lawyers James Sullivan & Associates
Most couples learn to resolve their differences or even end their relationships without resorting to domestic assault or family violence.  Sometimes, however, even good people gets so stressed out and feel so overwhelmed that they lose it even for a moment and strike out at their partner or another family member in a physical way.
The Consequences for Assault Family Violence
Depending on the circumstances, the prosecutors can charge Assault Family Violence either as:
  • a misdemeanor, or
  • a felony.

A Class A Misdemeanor Assault means that a person caused bodily injury (or pain) to their partner.  If the person used a deadly weapon in the domestic assault, then it is a Felony Aggravated Assault.  If the person choked their partner or restricted their breathing, then it is also a Felony.  No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner, spouse or family member.  Punishment for those who are found guilty of misdemeanor assault family violence may also include:

  • Community Supervision (Probation
  •  A fine of up to $4,000.00
  •  Jail confinement of up to one year
  •  Community service
  •  Anger management counseling

The Waller County District Attorney’s Office immediately calls the alleged victim to get their statement as to what happened.  The prosecutors lock in the emotional stress of the event by obtaining their immediate statement.  However, facts tend to change and the importance of the incidence significantly lessens frequently after a short cooling off time.

Arrested for Assault Family Violence? Call James Sullivan at (281) 546-6428 for a free confidential consultation.

Defending a Hempstead Texas Assault Family Violence Charge

Assault against a family member is very serious and can have far reaching consequences.  The accused may be permanently barred from working in certain industries.  The accused may be denied housing in apartment complexes.  If you are charged with assault family violence, you should seek legal advice from a experienced criminal defense lawyers.
The defense lawyers of James Sullivan & Associates fight to get their client’s assault family violence charges dismissed or won at trial.  Other domestic assault lawyers may choose to arrange a plea bargain for their clients; however, this may not be in the client’s best interest.  While it is true that a defendant who successfully completes a deferred adjudication probation will not have a conviction on their record, it is also true that if that person ever gets arrested again for assault family violence then he or she will be charged with a third degree felony and if found guilty could be sentenced to between 2 to 10 years in prison.
Negotiating a plea deal with prosecutors should be the last resort.  A good domestic assault lawyer will first investigate the case, interview witnesses, analyze physical evidence and review witness statements in the offense report for inconsistencies.  Such a defense attorney will also consider possible motives for making false allegations, such as jealousy, revenge or child custody issues.
Call a Hempstead Texas Assault Family Violence Lawyer
The best way to resolve the case is by first talking with an Assault Family Violence Lawyer.  Hempstead Texas Criminal Lawyer James Sullivan will consider the merits of your case and give you an honest evaluation.  He will aggressively defend you.  His legal fees are affordable, reasonable and fair.

James (Jim) Sullivan is an experienced Waller County Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Call James Sullivan at (281) 546-6428 for a free confidential consultation.
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Brazoria County Family Violence Attorney | Alvin Domestic Assault Lawyer http://www.texascriminaltriallawyer.org/2013/04/19/brazoria-county-family-violence-attorney-alvin-domestic-assault-lawyer/ Fri, 19 Apr 2013 00:32:05 +0000 http://www.texascriminaltriallawyer.org/?p=8826 Assault Family Violence Charges Defense
Alvin Domestic Assault Lawyers James Sullivan & Associates
Most couples learn to resolve their differences or even end their relationships without resorting to domestic assault or family violence.  Sometimes, however, even good people gets so stressed out and feel so overwhelmed that they lose it even for a moment and strike out at their partner or another family member in a physical way.
The Consequences for Assault Family Violence
Depending on the circumstances, the prosecutors can charge Assault Family Violence either as:
  • a misdemeanor, or
  • a felony.
A Class A Misdemeanor Assault means that a person caused bodily injury (or pain) to their partner.  If the person used a deadly weapon in the domestic assault, then it is a Felony Aggravated Assault.  If the person choked their partner or restricted their breathing, then it is also a Felony.  No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner, spouse or family member.  Punishment for those who are found guilty of misdemeanor assault family violence may also include:
  • Community Supervision (Probation)
  •  A fine of up to $4,000.00
  •  Jail confinement of up to one year
  •  Community service
  •  Anger management counseling
The Brazoria County District Attorney’s Office immediately calls the alleged victim to get their statement as to what happened.  The prosecutors lock in the emotional stress of the event by obtaining their immediate statement.  However, facts tend to change and the importance of the incidence significantly lessens frequently after a short cooling off time.

Arrested for Assault Family Violence? Call James Sullivan & Associates at (281) 546-6428.

Defending a Brazoria County Assault Family Violence Charge

Assault against a family member is very serious and can have far reaching consequences.  The accused may be permanently barred from working in certain industries.  The accused may be denied housing in apartment complexes.  If you are charged with assault family violence, you should seek legal advice from a experienced criminal defense lawyers.
The defense lawyers of James Sullivan & Associates fight to get their client’s assault family violence charges dismissed or won at trial.  Other domestic assault lawyers may choose to arrange a plea bargain for their clients; however, this may not be in the client’s best interest.  While it is true that a defendant who successfully completes a deferred adjudication probation will not have a conviction on their record, it is also true that if that person ever gets arrested again for assault family violence then he or she will be charged with a third degree felony and if found guilty could be sentenced to between 2 to 10 years in prison.
Negotiating a plea deal with prosecutors should be the last resort.  A good domestic assault lawyer will first investigate the case, interview witnesses, analyze physical evidence and review witness statements in the offense report for inconsistencies.  Such a defense attorney will also consider possible motives for making false allegations, such as jealousy, revenge or child custody issues.
Call an Alvin Assault Family Violence Lawyer
The best way to resolve the case is by first talking with an Assault Family Violence Lawyer.  Alvin Criminal Lawyer James Sullivan will consider the merits of your case and give you an honest evaluation.  He will aggressively defend you.  His legal fees are affordable, reasonable and fair.

James (Jim) Sullivan is an experienced criminal defense attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Call James Sullivan at (281) 546-6428 for a free confidential consultation.
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Fort Bend County Domestic Violence Attorney http://www.texascriminaltriallawyer.org/2013/04/19/fort-bend-county-domestic-violence-attorney/ Fri, 19 Apr 2013 00:17:15 +0000 http://www.texascriminaltriallawyer.org/?p=8821 Assault Family Violence Charges Defense
Fort Bend County Domestic Assault Lawyers James Sullivan & Associates
Most couples learn to resolve their differences or even end their relationships without resorting to domestic assault or family violence.  Sometimes, however, even good people gets so stressed out and feel so overwhelmed that they lose it even for a moment and strike out at their partner or another family member in a physical way.
The Consequences of Assault Family Violence
Depending on the circumstances, the prosecutors can charge Assault Family Violence either as:
  • a misdemeanor, or
  • a felony.

A Class A Misdemeanor Assault means that a person caused bodily injury (or pain) to their partner.  If the person used a deadly weapon in the domestic assault, then it is a Felony Aggravated Assault.  If the person choked their partner or restricted their breathing, then it is also a Felony.  No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner, spouse or family member.  Punishment for those who are found guilty of misdemeanor assault family violence may also include:

  • Community Supervision (Probation
  •  A fine of up to $4,000.00
  •  Jail confinement of up to one year
  •  Community service
  •  Anger management counseling

The Fort Bend County District Attorney’s Office immediately calls the alleged victim to get their statement as to what happened.  The prosecutors lock in the emotional stress of the event by obtaining their immediate statement.  However, facts tend to change and the importance of the incidence significantly lessens frequently after a short cooling off time.

Arrested for Assault Family Violence? Call James Sullivan & Associates at (281) 546-6428

Defending a Sugar Land Assault Family Violence Charge

Assault against a family member is very serious and can have far reaching consequences.  The accused may be permanently barred from working in certain industries.  The accused may be denied housing in apartment complexes.  If you are charged with assault family violence, you should seek legal advice from a experienced criminal defense lawyers.
The defense lawyers of James Sullivan & Associates fight to get their client’s assault family violence charges dismissed or won at trial.  Other domestic assault lawyers may choose to arrange a plea bargain for their clients; however, this may not be in the client’s best interest.  While it is true that a defendant who successfully completes a deferred adjudication probation will not have a conviction on their record, it is also true that if that person ever gets arrested again for assault family violence then he or she will be charged with a third degree felony and if found guilty could be sentenced to between 2 to 10 years in prison.
Negotiating a plea deal with prosecutors should be the last resort.  A good domestic assault lawyer will first investigate the case, interview witnesses, analyze physical evidence and review witness statements in the offense report for inconsistencies.  Such a defense attorney will also consider possible motives for making false allegations, such as jealousy, revenge or child custody issues.
Need Legal Advice?  Call James Sullivan & Associates at (281) 546-6428.
Call a Sugar Land Assault Family Violence Lawyer
The best way to resolve the case is by first talking with an Assault Family Violence Lawyer.  Sugar Land Criminal Lawyer James Sullivan will consider the merits of your case and give you an honest evaluation.  He will aggressively defend you.  His legal fees are affordable, reasonable and fair.

James (Jim) Sullivan is an experienced Fort Bend County Criminal Lawyer. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Call James Sullivan at (281) 546-6428 for a confidential consultation.
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8821
Liberty County Assault Family Violence Lawyer James Sullivan Fights for his Clients http://www.texascriminaltriallawyer.org/2013/04/18/liberty-county-assault-family-violence-lawyer/ Thu, 18 Apr 2013 23:47:26 +0000 http://www.texascriminaltriallawyer.org/?p=8817 Assault Family Violence Charges Defense
Liberty County Domestic Assault Lawyers James Sullivan and Associates
Most couples learn to resolve their differences or even end their relationships without resorting to domestic assault or family violence.  Sometimes, however, even good people gets so stressed out and feel so overwhelmed that they lose it even for a moment and strike out at their partner or another family member in a physical way.
The Consequences of Assault Family Violence

Depending on the circumstances, the prosecutors can charge Assault Family Violence either as

  • a misdemeanor, or
  • a felony.

A Class A Misdemeanor Assault means that a person caused bodily injury (or pain) to their partner.  If the person used a deadly weapon in the domestic assault, then it is a Felony Aggravated Assault.  If the person choked their partner or restricted their breathing, then it is also a Felony.  No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner, spouse or family member.  Punishment for those who are found guilty of misdemeanor assault family violence may also include:

  • Community Supervision (Probation
  •  A fine of up to $4,000.00
  •  Jail confinement of up to one year
  •  Community service
  •  Anger management counseling

The Liberty County District Attorney’s Office immediately calls the alleged victim to get their statement as to what happened.  The prosecutors lock in the emotional stress of the event by obtaining their immediate statement.  However, facts tend to change and the importance of the incidence significantly lessens frequently after a short cooling off time.

Arrested for Assault Family Violence? Call James Sullivan & Associates at (281) 546-6428

Defending a Liberty Texas Assault Family Violence Charge

Assault against a family member is very serious and can have far reaching consequences.  The accused may be permanently barred from working in certain industries.  The accused may be denied housing in apartment complexes.  If you are charged with assault family violence, you should seek legal advice from a experienced criminal defense lawyers.
The defense lawyers of James Sullivan & Associates fight to get their client’s assault family violence charges dismissed or won at trial.  Other domestic assault lawyers may choose to arrange a plea bargain for their clients; however, this may not be in the client’s best interest.  While it is true that a defendant who successfully completes a deferred adjudication probation will not have a conviction on their record, it is also true that if that person ever gets arrested again for assault family violence then he or she will be charged with a third degree felony and if found guilty could be sentenced to between 2 to 10 years in prison.
Negotiating a plea deal with prosecutors should be the last resort.  A good domestic assault lawyer will first investigate the case, interview witnesses, analyze physical evidence and review witness statements in the offense report for inconsistencies.  Such a defense attorney will also consider possible motives for making false allegations, such as jealousy, revenge or child custody issues.
Call a Liberty Texas Assault Family Violence Lawyer
The best way to resolve the case is by first talking with an Assault Family Violence Lawyer.  Liberty Texas Criminal Lawyer James Sullivan will consider the merits of your case and give you an honest evaluation.  He will aggressively defend you.  His legal fees are affordable, reasonable and fair.

James (Jim) Sullivan is an experienced Houston Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Call James Sullivan at (281) 546-6428 for a free consultation.
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8817
Arrested in Houston for Assault Family Violence? Attorney James Sullivan Fights for his Clients http://www.texascriminaltriallawyer.org/2013/04/10/arrested-houston-assault-family-violence-defense-lawyer/ Wed, 10 Apr 2013 16:07:15 +0000 http://www.texascriminaltriallawyer.org/?p=8810 Harris County Domestic Assault Defense

WHEN LOVE TURNS VIOLENT

Most couples learn to resolve their differences or even end their relationships without resorting to violence.  Sometimes, however, even good people gets so stressed out and feel so overwhelmed that they lose it even for a moment and strike out at their partner in a physical way.

Depending on the nature of the violent act, the prosecutors can charge it either as a misdemeanor or a felony.  A class A misdemeanor assault means that one person caused bodily injury (or pain) to their partner.  If the person used a deadly weapon, then it is a felony assault.  If the person choked their partner or restricted their breathing, then it is also a felony.  No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner or spouse.

The Harris County District Attorney’s Office has a Family Criminal Law Division that focuses solely on domestic violence.  The prosecutors immediately call the alleged victim to get their statement as to what happened.  The prosecutors lock in the emotional stress of the event by obtaining their immediate statement.  However, facts tend to change and the importance of the incidence significantly lessens frequently after a short cooling off time.

The best way to resolve the case is by first talking with a criminal defense attorney.  Houston Criminal Lawyer James Sullivan will consider the merits of your case and give you an honest evaluation.  He will aggressively defend you.   Contact James Sullivan at 281-546-6428 for a confidential consultation.

James (Jim) Sullivan is an experienced Houston Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

The results below list a few of the Criminal and Juvenile Assault Family Violence cases that James Sullivan has defended in Harris and surrounding counties since 2008.  He has represented criminal and juvenile clients since 1994.

 
CRIMINAL OFFENSEACTUAL RESULTS - FAMILY VIOLENCE CASESCT #
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client was accused of slashing her ex-girlfriend's face. A witness at the scene supported client's version that her ex-girlfriend attacked her first with a broken wine bottle and cut her wrist and that her ex-girlfriend was accidentally injured in a struggle over the bottle)180th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of trying to run her baby's daddy over with her Jeep and with their young son on the front passenger seat and in view of two nearby independent witnesses. In reality, he threw his bicycle in front of her Jeep to cause her to come to a screeching halt and then cursed at her. After she drove off, he lied to the witnesses about what happened)180th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client shot his brother in the side after his brother stabbed him in the arm. The client's brother was high on synthetic marihuana)248th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of threatening his girlfriend with a knife and inflicting a serious wound on the back of her head)177th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of intentionally trying to drive into and strike his girlfriend)183rd
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client was accused of throwing a 12 lb glass trophy at his father and hitting him in the back)178th
AGGRAVATED ASSAULT FAMILY MEMBERPSI HEARING: RECEIVED DEFERRED ADJUDICATION PROBATION (Client with mental illness stabbed his girlfriend in the arm and upper back. State only offered prison time)174th
AGGRAVATED ASSAULT FAMILY MEMBERJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT (Client was accused of stabbing her boyfriend with a knife)232nd
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED BY GRAND JURY (Client accused of hitting wife multiple times after both had been drinking. As a felony habitual, client faced 25 years to Life in prison)174th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED (Client accused of hitting his girlfriend. As a felony habitual, client faced 25 years to Life in prison)176th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED BY GRAND JURY (Client was accused of abusing his 15 year old daughter even though he used reasonable discipline against her. She was being rebellious and he spanked her with a belt to discipline her)208th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT (Client was accused of hitting his girlfriend. As a felony habitual, client faced 25 years to Life in prison)338th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERREDUCED TO CLASS A MISDEMEANOR ASSAULT with jail time already served (3 days)(Client had 2 previous Assault family violence convictions involving a different complainant. Client accused of injuring his wife's neck)182nd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client was accused of choking his wife during an argument)180th
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client was accused of choking his wife during a physical altercation in which the client was slapped and scratched)351st
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client accused of suffocating his wife with a pillow)263rd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client accused of choking his immigrant wife, however she actually attacked him and tried to goad him into hitting her. When he refused, she called 911. He believes she did this so she could then claim she was a battered spouse under mmigration law and petition to stay in the U.S. after a divorce)182nd
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT conviction with jail time already served (two days). Best offer prior to trial was 4 years in prison (Client accused of choking his wife and breaking one of her ribs)178th
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT with one year of defeferred adjudication probation (Client accused of choking his wife)179th
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGCASE REDUCED TO MISDEMEANOR ASSAULT with jail time already served (6 days) (Client was accused of choking his spouse)351st
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE REDUCED TO MISDMEANOR ASSAULT by reckless conduct with 1 year of deferred adjudication probation at trial setting (Client was accused of choking his spouse)339th
CONTINUOUS ASSAULT FAMILY VIOLENCE in Montgomery CountyREDUCED TO MISDEMEANOR ASSAULT with one year of deferred adjudication probation and no finding of family violence (Client accused of hitting his wife on two different days of the same week)221st
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client slapped his adult daughter after she cursed him to his face)8
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client allegedly committed an assault against her spouse)7
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client was falsely accused of assault by his girlfriend)6
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client was falsely accused of assault by his wife in order for her to justify an emergency job transfer back to her hometown)13
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of injuring his girlfriend at the time they had a heated argument and broke up)4
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of his injuring his pregnant wife. Prosecutor agreed to dismiss the case after some marital counseling)6
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of hitting his adult son after his son stole his work truck to buy drugs)5
ASSAULT FAMILY MEMBER in Montgomery CountyCASE DISMISSED (Client allegedly attacked her husband. When Sullivan was going to set the case for a jury trial at the first setting, the State agreed to dismiss the case after some brief counseling that did not involve the BIPP program)2
ASSAULT FAMILY MEMBER in Montgomery CountyCASE DISMISSED (Client allegedly attacked his girlfriend. When Sullivan was going to set the case for a jury trial at the first setting, the State agreed to dismiss the case after some brief counseling that did not involve the BIPP program)2
ASSAULT FAMILY MEMBER in Waller CountyCASE DISMISSED (Client was accused of injuring ex-wife after divorce was final. Client insisted he was innocent. State dismissed the case in the interests of justice)County Court
ASSAULT FAMILY MEMBER in Liberty CountyCASE DISMISSED (Client was accused of hitting his spouse)County Court

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8810
Houston Theft Attorney | Harris Count Theft Crime Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2013/04/04/houston-theft-attorney-lawyer-jim-sullivan/ Thu, 04 Apr 2013 05:23:00 +0000 http://www.texascriminaltriallawyer.org/?p=8804 Houston Theft Crimes

Theft is the most common crime in Texas.  Theft is a crime of dishonesty (moral turpitude).  For that reason, a theft conviction can prevent one from landing a good job, and a felony theft conviction can lead to a lengthy prison sentence.

Stealing from one’s employer, also known as employee theft, is prosecuted more severely.  The consequences of a theft conviction can be harsh and affect a person the rest of their life.   Because a conviction cannot be expunged or sealed (non-disclosed) to the public, it is important to hire the best Houston theft defense attorney possible to represent you.

Here are some of Sullivan’s recent theft-related case results:

CRIMINAL OFFENSEACTUAL RESULTSCT #
TheftCASE DISMISSED (Client allegedly stole from her employer), Case # 19149956
Burglary of a Habitation with intent to commit aggravated assault (1° Felony)CASE REDUCED TO BURGLARY OF HABITATION WITH INTENT TO COMMIT MISDEMEANOR ASSAULT (2° Felony) when Sullivan was setting the case for trial (Client was accused of breaking into a neighbor’s downstairs apartment through the air vent and then threatening a 17 year old girl who was home alone. Client was originally offered 12 years on the aggravated felony through his court-appointed attorney) , Case # 1370138228th
Theft (2° Felony)CASE REDUCED TO MISDEMEANOR THEFT (Client was accused of stealing over $170,000 in property from his employer. Thorough investigation by defense counsel revealed serious discrepancies in company inventory records), Case # 1369319262nd
TheftCASE DISMISSED WITHOUT A TRIAL SETTING (Client was accused of stealing an I-Pad from a restaurant), Case # 18612387
Auto TheftCASE DISMISSED (Client was accused of stealing an acquaintance’s car)314
Theft (State Jail Felony) in Jefferson County (Beaumont)CASE REDUCED TO MISDEMEANOR THEFT with no restitution (Client was accused of stealing over $10,000 from his employer and allegedly signed a voluntary confession. Thorough investigation by defense counsel cast serious doubt on the State’s ability to prove their case at trial), Case # 08-02655District Court
TheftCASE DISMISSED (Client accused of shoplifting), Case # 17652594
TheftCASE DISMISSED (Client accused of stealing a cell phone at a party), Case # 18121304
Burglary of a Habitation (2° Felony)CASE DISMISSED BY GRAND JURY (Client accused breaking into home while homeowner was home, however client had credible alibi witnesses at the time of the alleged burglary), Case # 1321679184th
Motion to Adjudicate Guilt (Theft)( State Jail Felony)PROBATION REVOKED AND SENTENCED TO TIME SERVED (100 days HCJ under §12.44a)(Client had a reasonable due diligence argument regarding failure of the police to arrest the defendant soon after the violation of probation), Case # 926980337th
Theft from a Person (State Jail Felony)CASE REDUCED TO MISDEMEANOR THEFT and granted 2 years DADJ, Case # 1317454337th
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION, Case # 1278554337th
Burglary of a Habitation (2° Felony)CASE REDUCED TO BURGLARY OF A BUILDING (State Jail Felony), Case # 1245594232nd
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION, Case # 1303014337th
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION, Case # 1219184337th
Burglary of a Habitation (2° Felony)REDUCED TO MISDEMEANOR TRESPASS, Case # 1298554232nd
Burglary of a Habitation (2° Felony)CASE DISMISSED (Client was accused of being the lookout on a burglary of a habitation)315th
Attempted Burglary of a Habitation (3° Felony)CASE REDUCED TO MISDEMEANOR TRESPASS OF A HABITATION (Client was accused of trying to break into an apartment. The tenant was inside and observed window screens being removed from the side of the apartment) , Case # 1289876232nd
Theft (State Jail Felony)CASE REDUCED TO MISDEMEANOR THEFT and client received a deferred adjudication probation, Case # 1261476338th
Burglary of a Habitation (2° Felony)CASE DISMISSED , Case # 1268926339th
Burglary of a Habitation (2° Felony)CASE DISMISSED, Case # 1277540232nd
Motion to Adjudicate Guilt (Theft)MADJ DISMISSED. Probation terminated without a conviction, Case # 12310973
Burglary of a Habitation (2° Felony)CASE REDUCED TO MISDEMEANOR TRESPASS and client received deferred prosecution313th
Forgery of a Financial Instrument (3° FELONY)CASE DISMISSED BY GRAND JURY (Client accused of passing a counterfeit $100 bill at liquor store) , Case # 1252585262nd
Forgery of a Financial Instrument (3° FELONY)CASE REDUCED TO MISDEMEANOR FORGERY, Case # 1247461232nd
Unauthorized Use of a Motor Vehicle (State Jail Felony)CASE DISMISSED PRIOR TO TRIAL SETTING, Case # 1251123232nd
Trespass to a HabitationCASE DISMISSED313th
Theft (State Jail Felony)REDUCED TO MISDEMEANOR THEFT, Case # 1238796262nd
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)MADJ DISMISSED. Probation terminated without a conviction, Case # 1072666177th
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION, Case # 1179695179th
Burglary of a Habitation (2° Felony)CASE DISMISSED315th
Burglary of a Habitation (2° Felony)REDUCED TO MISDEMEANOR TRESPASS TO HABITATION prior to jury trial setting, Case # 1200321337th
Forgery (State Jail Felony)CASE DISMISSED, Case # 1205243337th
TheftCASE DISMISSED, Case # 155825013
Theft (State Jail Felony)REDUCED TO MISDEMEANOR THEFT and client received deferred adjudication probation, Case # 1201179339th
Theft (State Jail Felony)CASE DISMISSED, Case # 1197048351st
Credit Card Abuse (State Jail Felony)CASE DISMISSED, Case # 1197049351st
Theft (State Jail Felony)REDUCED TO MISDEMEANOR THEFT and client received deferred adjudication probation, Case # 1202504178th
Burglary of a Habitation (2° Felony)CASE REDUCED TO MISDEMEANOR THEFT, Case # 1185149232nd
Motion to Adjudicate Guilt (Burglary of a Habitation)(2° Felony)MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION, Case # 1092900232nd
Burglary of a Habitation with Intent to Commit Assault (2° Felony)CASE DISMISSED BY GRAND JURY (Client accused of breaking into house after a drug deal went bad) , Case # 1182231179th
TheftCASE DISMISSED, Case # 149153814
TheftCASE DISMISSED, Case # 99133488
TheftCASE DISMISSED315th
Insurance Fraud (State Jail Felony)CASE DISMISSED, Case # 1119948208th

Category of Offense Based on Value

The punishment range for theft is based on the alleged value taken:

Value of Property Taken
Punishment Punishment Range
Over $200,000 First Degree Felony 5 to 99 years in TDC
$100,000 to $200,000 Second Degree Felony 2 to 20 years in TDC
$20,000 to $100,000 Third Degree Felony 2-10 years in TDC
$1500 to $20,000 State Jail Felony 6 months to 2 years in State Jail Facility
$500 to $1500 Class A Misdemeanor up to one year in County Jail
$50 to $500 Class B Misdemeanor up to 6 months in County Jail

Probation, including deferred adjudication, is also a possible punishment to theft.  In some cases, a pretrial diversionary contract with the DA’s office may be possible.

Texas Theft Law (see Texas Penal Code Sec. 31.03)

In Texas, a person commits theft if he unlawfully appropriates property with intent to deprive the owner of the property.  “Appropriate” means to acquire or otherwise exercise control over property other than real property.

Appropriation of property is unlawful if it is without the owner’s effective consent.  Essentially, the prosecutor must prove beyond a reasonable doubt that the defendant took or exercised control over property without the owner’s consent.

The offense of theft is broad and includes theft by false pretext, theft from the person, shoplifting, acquisition of property by threat, swindling, passing a bad check, embezzlement, extortion and receiving or concealing stolen property.

Theft Crime Defenses

There are several defenses to theft charges.  Each theft case is different based on its own facts and circumstances.  For example, whether or not the prosecutor can prove the actual value alleged could mean the difference between a felony or a misdemeanor.  In an employee theft case, the employer may not have kept documents proving ownership of the property allegedly taken or may not have persuasive evidence connecting the defendant to the missing property or money.

Houston Theft Lawyer

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

If you need an experienced theft defense attorney in the greater Houston area, you can call James Sullivan at 281-546-6428.

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8804
Houston Assault Family Violence Lawyer | Harris County Domestic Assault Attorney James Sullivan http://www.texascriminaltriallawyer.org/2012/12/01/houston-family-violence-lawyer-domestic-assault-attorney-in-harris-county-james-sullivan/ Sat, 01 Dec 2012 22:17:30 +0000 http://www.texascriminaltriallawyer.org/?p=8769 WHEN LOVE TURNS VIOLENT

Most couples learn to resolve their differences or even end their relationships without resorting to violence.  Sometimes, however, even good people gets so stressed out and feel so overwhelmed that they lose it even for a moment and strike out at their partner in a physical way.

Depending on the nature of the violent act, the prosecutors can charge it either as a misdemeanor or a felony.  A class A misdemeanor assault means that one person caused bodily injury (or pain) to their partner.  If the person used a deadly weapon, then it is a felony assault.  If the person choked their partner or restricted their breathing, then it is also a felony.  No matter the level of the criminal offense charged, you can expect the court to order you out of your home and have no contact until the case is resolved with your partner or spouse.

The Harris County District Attorney’s Office has a Family Criminal Law Division that focuses solely on domestic violence.  The prosecutors immediately call the alleged victim to get their statement as to what happened.  The prosecutors lock in the emotional stress of the event by obtaining their immediate statement.  However, facts tend to change and the importance of the incidence significantly lessens frequently after a short cooling off time.

The best way to resolve the case is by first talking with a criminal defense attorney.  Houston Criminal Lawyer James (Jim) Sullivan will consider the merits of your case and give you an honest evaluation.  He will aggressively defend you.  His legal fees are affordable, reasonable and fair.  Call Sullivan at 281-546-6428 for a free consultation.

James Sullivan is an experienced Houston Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

The results below list a few of the Criminal and Juvenile Assault Family Violence cases that James Sullivan has defended in Harris and surrounding counties since 2008.  He has represented criminal and juvenile clients since 1994.

CRIMINAL OFFENSEACTUAL RESULTS - FAMILY VIOLENCE CASESCT #
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client was accused of slashing her ex-girlfriend's face. A witness at the scene supported client's version that her ex-girlfriend attacked her first with a broken wine bottle and cut her wrist and that her ex-girlfriend was accidentally injured in a struggle over the bottle)180th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of trying to run her baby's daddy over with her Jeep and with their young son on the front passenger seat and in view of two nearby independent witnesses. In reality, he threw his bicycle in front of her Jeep to cause her to come to a screeching halt and then cursed at her. After she drove off, he lied to the witnesses about what happened)180th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client shot his brother in the side after his brother stabbed him in the arm. The client's brother was high on synthetic marihuana)248th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of threatening his girlfriend with a knife and inflicting a serious wound on the back of her head)177th
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client accused of intentionally trying to drive into and strike his girlfriend)183rd
AGGRAVATED ASSAULT FAMILY MEMBERCASE DISMISSED BY GRAND JURY (Client was accused of throwing a 12 lb glass trophy at his father and hitting him in the back)178th
AGGRAVATED ASSAULT FAMILY MEMBERPSI HEARING: RECEIVED DEFERRED ADJUDICATION PROBATION (Client with mental illness stabbed his girlfriend in the arm and upper back. State only offered prison time)174th
AGGRAVATED ASSAULT FAMILY MEMBERJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT (Client was accused of stabbing her boyfriend with a knife)232nd
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED BY GRAND JURY (Client accused of hitting wife multiple times after both had been drinking. As a felony habitual, client faced 25 years to Life in prison)174th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED (Client accused of hitting his girlfriend. As a felony habitual, client faced 25 years to Life in prison)176th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERCASE DISMISSED BY GRAND JURY (Client was accused of abusing his 15 year old daughter even though he used reasonable discipline against her. She was being rebellious and he spanked her with a belt to discipline her)208th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT (Client was accused of hitting his girlfriend. As a felony habitual, client faced 25 years to Life in prison)338th
ASSAULT FAMILY VIOLENCE 2nd OFFENDERREDUCED TO CLASS A MISDEMEANOR ASSAULT with jail time already served (3 days)(Client had 2 previous Assault family violence convictions involving a different complainant. Client accused of injuring his wife's neck)182nd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client was accused of choking his wife during an argument)180th
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client was accused of choking his wife during a physical altercation in which the client was slapped and scratched)351st
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client accused of suffocating his wife with a pillow)263rd
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE DISMISSED BY GRAND JURY (Client accused of choking his immigrant wife, however she actually attacked him and tried to goad him into hitting her. When he refused, she called 911. He believes she did this so she could then claim she was a battered spouse under mmigration law and petition to stay in the U.S. after a divorce)182nd
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT conviction with jail time already served (two days). Best offer prior to trial was 4 years in prison (Client accused of choking his wife and breaking one of her ribs)178th
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGJURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT with one year of defeferred adjudication probation (Client accused of choking his wife)179th
ASSAULT FAMILY VIOLENCE BY IMPEDING BREATHINGCASE REDUCED TO MISDEMEANOR ASSAULT with jail time already served (6 days) (Client was accused of choking his spouse)351st
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE REDUCED TO MISDMEANOR ASSAULT by reckless conduct with 1 year of deferred adjudication probation at trial setting (Client was accused of choking his spouse)339th
CONTINUOUS ASSAULT FAMILY VIOLENCE in Montgomery CountyREDUCED TO MISDEMEANOR ASSAULT with one year of deferred adjudication probation and no finding of family violence (Client accused of hitting his wife on two different days of the same week)221st
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client slapped his adult daughter after she cursed him to his face)8
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client allegedly committed an assault against her spouse)7
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client was falsely accused of assault by his girlfriend)6
ASSAULT FAMILY MEMBERJURY TRIAL SETTING: CASE DISMISSED BY STATE (Client was falsely accused of assault by his wife in order for her to justify an emergency job transfer back to her hometown)13
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of injuring his girlfriend at the time they had a heated argument and broke up)4
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of his injuring his pregnant wife. Prosecutor agreed to dismiss the case after some marital counseling)6
ASSAULT FAMILY MEMBERCASE DISMISSED (Client was accused of hitting his adult son after his son stole his work truck to buy drugs)5
ASSAULT FAMILY MEMBER in Montgomery CountyCASE DISMISSED (Client allegedly attacked her husband. When Sullivan was going to set the case for a jury trial at the first setting, the State agreed to dismiss the case after some brief counseling that did not involve the BIPP program)2
ASSAULT FAMILY MEMBER in Montgomery CountyCASE DISMISSED (Client allegedly attacked his girlfriend. When Sullivan was going to set the case for a jury trial at the first setting, the State agreed to dismiss the case after some brief counseling that did not involve the BIPP program)2
ASSAULT FAMILY MEMBER in Waller CountyCASE DISMISSED (Client was accused of injuring ex-wife after divorce was final. Client insisted he was innocent. State dismissed the case in the interests of justice)County Court
ASSAULT FAMILY MEMBER in Liberty CountyCASE DISMISSED (Client was accused of hitting his spouse)County Court

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Wharton County Texas Criminal Lawyers http://www.texascriminaltriallawyer.org/2012/10/22/wharton-county-texas-criminal-lawyers/ Mon, 22 Oct 2012 02:35:31 +0000 http://www.texascriminaltriallawyer.org/?p=8765 IMG_2922BWharton, Texas Criminal Trial Lawyers Fighting for Your Rights, Freedom and Future

James (Jim) Sullivan is an experienced Wharton Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Defending Your Freedom

James Sullivan chose to become a criminal lawyer.  It was not by accident.  Fighting the government and defending people come natural to him—he was born into a diverse, dynamic family of conservative Baptists and liberal social activists.  Unlike many colleagues who practice criminal law, Sullivan has never prosecuted anyone and never will.  That is not him.  His entire career is devoted to defending people accused of crimes and delinquencies.

Proven Results

James Sullivan gets results.  Since 1994, Sullivan has defended more than 3,000 people charged with every kind of criminal and juvenile case, including murder, aggravated robbery, drug cases, sex offenses, domestic assault and DWI.

Philosophy

James Sullivan practices criminal law with a simple philosophy.  If a client says he is not guilty, and if the prosecutor will not dismiss the charge, then James Sullivan advises his client that they should fight the case at a jury trial.  Unlike many other attorneys, Sullivan does not try to convince an innocent person to plead guilty.  Instead, Sullivan fights for his clients’ freedom and reputation.

Affordable Legal Services

James Sullivan offers a full range of affordable legal services in his criminal and juvenile defense law practice.  Unlike many other attorneys, Sullivan charges separate fees on trial and non-trial cases.

Cares About His Clients

James Sullivan cares about his adult and juvenile clients and is concerned about their future.  He frequently counsels with clients at his office for hours at a time. He listens to their concerns, answers all of their questions and discusses legal strategies. He also explains how a criminal conviction could affect them and how to get on the right path for a successful life. Because Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

Reputation

James Sullivan has a good reputation in the legal community.  Sullivan is humbled by fine lawyers who endorse him on AVVO. He is also very grateful for clients who write testimonials on his behalf. Most of his business comes from referrals from past clients and other lawyers, although it is not necessary to have a referral for him to defend you.  Anyone can call James Sullivan to represent them.

The law practice of James Sullivan is devoted solely to criminal and juvenile defense.  Sullivan has tried many cases in Texas county criminal and juvenile courthouses. Approximately half of his cases involve criminal charges while the other half involves juvenile charges.

Contact Attorney James Sullivan

If you are under investigation or have been charged with a crime or delinquency, call Wharton criminal defense attorney James Sullivan to discuss your case.

James Sullivan generally tries to answer his own phone so that you can speak to an attorney directly. He wants to hear from you and to help you. Call him right now. Don’t go to court alone. To schedule an appointment or to discuss your case, call Sullivan at (281) 546-6428 for a free consultation.

Grand Jury Defense

If you are charged with a felony offense, James Sullivan may be able to get your case no billed (dismissed) by the grand jury, but you need to hire him before or soon after your first court setting.  If your felony case is dismissed by the grand jury, you have the immediate right to get your criminal record expunged.  Many of Sullivan’s clients have been able to do this within a few months of being arrested.

Board Certified in Juvenile Law

Wharton Juvenile Attorney James Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Juvenile law is different than criminal law (see Juvenile Crime). Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.

Bilingual

James Sullivan is fluent in Spanish and English, having studied Journalism, Latin American and Asian Studies at Baylor University, a nationally ranked Christian school.  He graduated with honors in 1990. He then lived in Mexico City and traveled throughout Mexico prior to entering law school. In 1993, he graduated from South Texas College of Law. He and his wife Araceli have been married over 20 years and have two children. They worship at Christ the Redeemer Catholic Church. James Sullivan is also an Eagle Scout.

Nancy Botts

Associate Attorney Nancy Botts has been licensed since 1988 and obtained her law degree from the University of Houston. She concentrates on criminal law and family law and handles all kinds of cases in these areas. As a criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. She has good results in drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. She aggressively defends all felony and misdemeanor drug possession and drug delivery cases. She has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms. She has also represented numerous people on child sex abuse cases. She also has a strong commitment to offering each client the best possible representation.

AREAS OF PRACTICE

Arson, Assault, Bank Burglary, Computer Crime, Cruelty to Animals, Domestic Violence, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Indecency iwth a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Probation Violation, Record Sealing, Record Expungement, Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, Theft, White Collar Crime, and all Juvenile Crime, Juvenile Certification, Juvenile Record Sealing and Juvenile Sex Offenses.

 

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Livingston / Polk County Texas Criminal Lawyer James Sullivan Can Defend You http://www.texascriminaltriallawyer.org/2012/10/22/livingston-polk-county-texas-criminal-lawyer-jim-sullivan-can-defend-you/ Mon, 22 Oct 2012 02:24:14 +0000 http://www.texascriminaltriallawyer.org/?p=8761 IMG_2922BPolk County Criminal Trial Lawyers Fighting for Your Rights, Freedom and Future

Livingston Criminal Attorney Jim Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven rNTL-top-100-member2ecord of defending people from all walks of life, faiths and countries in courts throughout Texas.

Defending Your Freedom

Jim Sullivan chose to become a criminal lawyer.  It was not by accident.  Fighting the government and defending people come natural to him—he was born into a diverse, dynamic family of conservative Baptists and liberal social activists.  Unlike many colleagues who practice criminal law, Jim Sullivan has never prosecuted anyone and never will.  That is not him.  His entire career is devoted to defending people accused of crimes and delinquencies.

Proven Results

Jim Sullivan gets results.  Over the past 18 years, Jim Sullivan has defended more than 3,000 people charged with every kind of criminal and juvenile case, including murder, aggravated robbery, drug cases, sex offenses, domestic assault and DWI.

Philosophy

Jim Sullivan practices criminal law with a simple philosophy.  If a client says he is not guilty, and if the prosecutor will not dismiss the charge, then Jim Sullivan advises his client that they should fight the case at a jury trial.  Unlike many other attorneys, Jim Sullivan does not try to convince an innocent person to plead guilty.  Instead, Jim Sullivan fights for his clients’ freedom and reputation.

Affordable Legal Services

Jim Sullivan offers a full range of affordable legal services in his criminal and juvenile defense law practice.  Unlike many other attorneys, Jim Sullivan charges separate fees on trial and non-trial cases.

Cares About His Clients

Jim Sullivan cares about his adult and juvenile clients and is concerned about their future.  He frequently counsels with clients at his office for hours at a time. He listens to their concerns, answers all of their questions and discusses legal strategies. He also explains how a criminal conviction could affect them and how to get on the right path for a successful life. Because Jim Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

Reputation

Jim Sullivan has a good reputation in the legal community.  Jim Sullivan is humbled by fine lawyers who endorse him on AVVO. He is also very grateful for clients who write testimonials on his behalf. Most of his business comes from referrals from past clients and other lawyers, although it is not necessary to have a referral for him to defend you.  Anyone can call Jim Sullivan to represent them.

The law practice of Jim Sullivan is devoted solely to criminal and juvenile defense.  Jim Sullivan has tried many cases in the Harris county criminal and juvenile courthouses. Approximately half of his cases involve criminal charges while the other half involves juvenile charges.

Contact Attorney Jim Sullivan

If you are under investigation or have been charged with a crime or delinquency, call Houston criminal defense attorney Jim Sullivan to discuss your case.

Jim Sullivan generally tries to answer his own phone so that you can speak to an attorney directly. He wants to hear from you and to help you. Call him right now. Don’t go to court alone. To schedule an appointment or to discuss your case, call 281-546-6428 for a free consultation.

Grand Jury Defense

If you are charged with a felony offense, Jim Sullivan may be able to get your case no billed (dismissed) by the grand jury, but you need to hire him before or soon after your first court setting.  If your felony case is dismissed by the grand jury, you have the immediate right to get your criminal record expunged.  Many of Jim Sullivan’s clients have been able to do this within a few months of being arrested.

Board Certified in Juvenile Law

Polk County Juvenile Attorney Jim Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Juvenile law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.

As an attorney myself, when concerns arose over an incident involving my son, I knew the extreme importance of finding an attorney who is Board Certified in juvenile law. Board Certified lawyers are highly specialized – enough that the State recognizes them for their expertise. My search led me to Jim Sullivan and I cannot thank him enough. He is extremely well-versed in this highly specialized area of law, kind, compassionate and non-judgmental. He spent a great deal of time understanding the incident involving my son and providing us guidance. Thankfully, it appears that this will turn out to only be a “learning opportunity” for my son but, I have Jim’s number in my phone and will call him immediately if the need arises. ~Concerned Mom (Yahoo Directory Review)

Bilingual

Jim Sullivan is fluent in Spanish and English, having studied Journalism, Latin American and Asian Studies at Baylor University, a nationally ranked Christian school.  He graduated with honors in 1990. He then lived in Mexico City and traveled throughout Mexico prior to entering law school. In 1993, he graduated from South Texas College of Law. He and his wife Araceli have been married over 20 years and have two children. They worship at Christ the Redeemer Catholic Church. Jim Sullivan is also an Eagle Scout.

Nancy Botts

Associate Attorney Nancy Botts has been licensed since 1988 and obtained her law degree from the University of Houston. She concentrates on criminal law and family law and handles all kinds of cases in these areas. As a criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. She has good results in drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. She aggressively defends all felony and misdemeanor drug possession and drug delivery cases. She has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms. She has also represented numerous people on child sex abuse cases. She also has a strong commitment to offering each client the best possible representation.

AREAS OF PRACTICE

Arson, Assault, Bank Burglary, Computer Crime, Cruelty to Animals, Domestic Violence, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Indecency iwth a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Probation Violation, Record Sealing, Record Expungement, Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, Theft, White Collar Crime, and all Juvenile Crime, Juvenile Certification, Juvenile Record Sealing and Juvenile Sex Offenses.

 

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Huntsville & Walker County Texas Criminal Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2012/10/22/huntsville-walker-county-texas-criminal-lawyer-jim-sullivan/ Mon, 22 Oct 2012 02:12:31 +0000 http://www.texascriminaltriallawyer.org/?p=8757 WalkIMG_2922Ber County Criminal Lawyers

 

 

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Columbus & Colorado County Texas Criminal Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2012/10/22/columbus-colorado-county-texas-criminal-lawyer-jim-sullivan/ Mon, 22 Oct 2012 01:57:51 +0000 http://www.texascriminaltriallawyer.org/?p=8753 Colorado County Criminal Lawyers

 

________________________________

COLUMBUS / COLORADO COUNTY TEXAS COURT INFORMATION

25th District Court

Judge Dwight Peschel

101 E. Court Street, #203

Seguin, Texas 78155-5779

Tel: 830-303-4188 Ext. 265

Fax: 830-379-0633

2nd 25th District Court

Judge William C. Kirkendall

113 S. River Road, Suite 102

Seguin, Texas 78155

Tel: 830-303-4188 Ext. 300

Fax: 830-303-0847

Court Coordinator

Dianne Chambers

District Clerk

Harvey Vornsand

Colorado County Courthouse Annex

318 Spring Street, Rm. 111

Columbus, Texas 78934

Tel: 979-732-2536

Fax: 979-732-2591

Colorado County Judge

Judge Ty Prause

P.O.Box 236

Colorado County Courthouse Annex

318 Spring Street, Room 101

Columbus, Texas 78934

Tel: 979-732-2604

Fax: 979-732-9389

Colorado County Attorney

Ken Sparks

Colorado County Agriculture Building

316 Spring, Room 106

Columbus, Texas 78934

Tel: 979-732-8203

Fax: 979-732-9115

Colorado County Sheriff

Sheriff R. H. “Curly” Wied

Mailing Address

P.O. Box 607

Columbus, Texas 78934

Physical

2215 Walnut Street

Columbus, Texas 78934

Tel: 979-732-2388

Fax: 979-732-6431

Enhanced by Zemanta
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San Jacinto County Texas Criminal Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2012/10/22/coldspring-san-jacinto-county-texas-criminal-lawyer-jim-sullivan/ Mon, 22 Oct 2012 01:48:04 +0000 http://www.texascriminaltriallawyer.org/?p=8749

IMG_2922BColdspring Criminal Trial Lawyers Fighting for Your Rights, Freedom and Future

James (Jim) Sullivan is an experienced San Jacinto County Criminal Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

The National Trial LawyersDefending Your Freedom

James Sullivan chose to become a criminal lawyer.  It was not by accident.  Fighting the government and defending people come natural to him—he was born into a diverse, dynamic family of conservative Baptists and liberal social activists.  Unlike many colleagues who practice criminal law, Sullivan has never prosecuted anyone and never will.  That is not him.  His entire career is devoted to defending people accused of crimes and delinquencies.

Proven Results

James Sullivan gets results.  Since 1994, Sullivan has defended more than 3,000 people charged with every kind of criminal and juvenile case, including murder, aggravated robbery, drug cases, sex offenses, domestic assault and DWI.

Philosophy

James Sullivan practices criminal law with a simple philosophy.  If a client says he is not guilty, and if the prosecutor will not dismiss the charge, then Sullivan advises his client that they should fight the case at a jury trial.  Unlike many other attorneys, Sullivan does not try to convince an innocent person to plead guilty.  Instead, Sullivan fights for his clients’ freedom and reputation.

Affordable Legal Services

James Sullivan offers a full range of affordable legal services in his criminal and juvenile defense law practice.  Unlike many other attorneys, Sullivan charges separate fees on trial and non-trial cases.

Cares About His Clients

James Sullivan cares about his adult and juvenile clients and is concerned about their future.  He frequently counsels with clients at his office for hours at a time. He listens to their concerns, answers all of their questions and discusses legal strategies. He also explains how a criminal conviction could affect them and how to get on the right path for a successful life. Because Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

Reputation

James Sullivan has a good reputation in the legal community.  Sullivan is humbled by fine lawyers who endorse him on AVVO. He is also very grateful for clients who write testimonials on his behalf. Most of his business comes from referrals from past clients and other lawyers, although it is not necessary to have a referral for him to defend you.  Anyone can call James Sullivan to represent them.

The law practice of James Sullivan is devoted solely to criminal and juvenile defense.  Sullivan has tried many cases in the Harris county criminal and juvenile courthouses. Approximately half of his cases involve criminal charges while the other half involves juvenile charges.

Contact Attorney James Sullivan

If you are under investigation or have been charged with a crime or delinquency, call Coldspring criminal defense attorney James Sullivan to discuss your case.

James Sullivan generally tries to answer his own phone so that you can speak to an attorney directly. He wants to hear from you and to help you. Call him right now. Don’t go to court alone. To schedule an appointment or to discuss your case, call 281-546-6428.

Grand Jury Defense

If you are charged with a felony offense, James Sullivan may be able to get your case no billed (dismissed) by the grand jury, but you need to hire him before or soon after your first court setting.  If your felony case is dismissed by the grand jury, you have the immediate right to get your criminal record expunged.  Many of Sullivan’s clients have been able to do this within a few months of being arrested.

Board Certified in Juvenile Law

Coldspring Defense Attorney James Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Juvenile law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.

As an attorney myself, when concerns arose over an incident involving my son, I knew the extreme importance of finding an attorney who is Board Certified in juvenile law. Board Certified lawyers are highly specialized – enough that the State recognizes them for their expertise. My search led me to Jim Sullivan and I cannot thank him enough. He is extremely well-versed in this highly specialized area of law, kind, compassionate and non-judgmental. He spent a great deal of time understanding the incident involving my son and providing us guidance. Thankfully, it appears that this will turn out to only be a “learning opportunity” for my son but, I have Jim’s number in my phone and will call him immediately if the need arises. ~Concerned Mom (Yahoo Directory Review)

Bilingual

James Sullivan is fluent in Spanish and English, having studied Journalism, Latin American and Asian Studies at Baylor University, a nationally ranked Christian school.  He graduated with honors in 1990. He then lived in Mexico City and traveled throughout Mexico prior to entering law school. In 1993, he graduated from South Texas College of Law. He and his wife Araceli have been married over 20 years and have two children. They worship at a local Catholic Church. James Sullivan is also an Eagle Scout.

Nancy Botts

Associate Attorney Nancy Botts has been licensed since 1988 and obtained her law degree from the University of Houston. She concentrates on criminal law and family law and handles all kinds of cases in these areas. As a criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. She has good results in drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. She aggressively defends all felony and misdemeanor drug possession and drug delivery cases. She has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms. She has also represented numerous people on child sex abuse cases.

AREAS OF PRACTICE

Arson, Assault, Auto Theft, Bank Burglary, Child Abuse, Computer Crime, Cruelty to Animals, Domestic Violence, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Grand Jury, Indecency wIth a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Probation Violation, Record Sealing (Non-Disclosure), Record Expungement (Expunction), Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, Theft, White Collar Crime, and all Juvenile Crime, Juvenile Certification, Juvenile Record Sealing and Juvenile Sex Offenses.

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8749
Brenham & Washington County Texas Criminal Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2012/10/22/brenham-washington-county-texas-criminal-lawyer-jim-sullivan/ Mon, 22 Oct 2012 01:40:16 +0000 http://www.texascriminaltriallawyer.org/?p=8745 BrenhamIMG_2922B, Texas Criminal Defense Lawyer

James (Jim) Sullivan is an experienced Washington County Criminal Defense Attorney. For over 20 years, Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.

NTL-top-100-member2James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

James Sullivan is also Board Certified in Juvenile Law and recognized statewide as a juvenile law expert.  He has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Defending Your Freedom

James Sullivan chose to become a criminal lawyer.  It was not by accident.  Fighting the government and defending people come natural to him—he was born into a diverse, dynamic family of conservative Baptists and liberal social activists.  Unlike many colleagues who practice criminal law, Jim Sullivan has never prosecuted anyone and never will.  That is not him.  His entire career is devoted to defending people accused of crimes and delinquencies.

Proven Results

James Sullivan gets proven results.  Since 1994, Sullivan has defended more than 3,000 people charged with every kind of criminal and juvenile case, including murder, aggravated robbery, drug cases, sex offenses, domestic assault and DWI.

Philosophy

James Sullivan practices criminal law with a simple philosophy.  If a client says he is not guilty, and if the prosecutor will not dismiss the charge, then Sullivan advises his client that they should fight the case at a jury trial.  Unlike many other attorneys, Sullivan does not try to convince an innocent person to plead guilty.  Instead, Sullivan fights for his clients’ freedom and reputation.

Affordable Legal Services

James Sullivan offers a full range of affordable legal services in his criminal and juvenile defense law practice.  Unlike many other attorneys, Sullivan charges separate fees on trial and non-trial cases.

Cares About His Clients

James Sullivan cares about his adult and juvenile clients and is concerned about their future.  He frequently counsels with clients at his office for hours at a time. He listens to their concerns, answers all of their questions and discusses legal strategies. He also explains how a criminal conviction could affect them and how to get on the right path for a successful life. Because Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

Reputation

James Sullivan has a good reputation in the legal community.  Sullivan is humbled by fine lawyers who endorse him on AVVO. He is also very grateful for clients who write testimonials on his behalf.  Most of his business comes from referrals from past clients and other lawyers, although it is not necessary to have a referral for him to defend you.  Anyone can call James Sullivan to represent them.

The law practice of James Sullivan is devoted solely to criminal and juvenile defense.  Sullivan has tried many cases in the Harris county criminal and juvenile courthouses.  Approximately half of his cases involve criminal charges while the other half involves juvenile charges.

Contact Attorney James Sullivan

If you are under investigation or have been charged with a crime or delinquency, call Houston criminal defense attorney James Sullivan to discuss your case.

James Sullivan generally tries to answer his own phone so that you can speak to an attorney directly. He wants to hear from you and to help you. Call him right now. Don’t go to court alone. To schedule an appointment or to discuss your case, call 281-546-6428 right now.

Grand Jury Defense

If you are charged with a felony offense, James Sullivan may be able to get your case no billed (dismissed) by the grand jury, but you need to hire him before or soon after your first court setting.  If your felony case is dismissed by the grand jury, you have the immediate right to get your criminal record expunged.  Many of Sullivan’s clients have been able to do this within a few months of being arrested.

Board Certified in Juvenile Law

Brenham, Texas Juvenile Attorney James Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Juvenile law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.

As an attorney myself, when concerns arose over an incident involving my son, I knew the extreme importance of finding an attorney who is Board Certified in juvenile law. Board Certified lawyers are highly specialized – enough that the State recognizes them for their expertise. My search led me to Jim Sullivan and I cannot thank him enough. He is extremely well-versed in this highly specialized area of law, kind, compassionate and non-judgmental. He spent a great deal of time understanding the incident involving my son and providing us guidance. Thankfully, it appears that this will turn out to only be a “learning opportunity” for my son but, I have Jim’s number in my phone and will call him immediately if the need arises. ~Concerned Mom (Yahoo Directory Review)

Bilingual

James Sullivan is fluent in Spanish and English, having studied Journalism, Latin American and Asian Studies at Baylor University, a nationally ranked Christian school.  He graduated with honors in 1990. He then lived in Mexico City and traveled throughout Mexico prior to entering law school. In 1993, he graduated from South Texas College of Law. He and his wife Araceli have been married over 20 years and have two children. They worship at a local Catholic church. Sullivan is also an Eagle Scout.

Nancy Botts

Associate Attorney Nancy Botts has been licensed since 1988 and obtained her law degree from the University of Houston. She concentrates on criminal law and family law and handles all kinds of cases in these areas. As a criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. She has good results in drug defense cases. Other Greater Houston criminal lawyers have consulted her for years about these subjects. She aggressively defends all felony and misdemeanor drug possession and drug delivery cases. She has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms. She has also represented numerous people on child sex abuse cases. She also has a strong commitment to offering each client the best possible representation.

AREAS OF PRACTICE

Arson, Assault, Bank Burglary, Computer Crime, Cruelty to Animals, Domestic Violence, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Indecency iwth a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Probation Violation, Record Sealing, Record Expungement, Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, Theft, White Collar Crime, and all Juvenile Crime, Juvenile Certification, Juvenile Record Sealing and Juvenile Sex Offenses.

 

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Austin County Texas Criminal Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2012/10/22/bellville-austin-county-texas-criminal-lawyer-jim-sullivan/ Mon, 22 Oct 2012 01:28:37 +0000 http://www.texascriminaltriallawyer.org/?p=8740 BellvillIMG_2922Be, Texas Criminal Defense Lawyer

James (Jim) Sullivan is an experienced Criminal Defense Attorney.  Austin County Criminal Defense Attorney James (Jim) Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts since 1994.

JNTL-top-100-member2ames Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization.  Sullivan is also Board Certified in Juvenile Law and recognized statewide as a juvenile law expert.  Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Defending Your Freedom

James Sullivan chose to become a criminal lawyer.  It was not by accident.  Fighting the government and defending people come natural to him—he was born into a diverse, dynamic family of conservative Baptists and liberal social activists.  Unlike many colleagues who practice criminal law, Jim Sullivan has never prosecuted anyone and never will.  That is not him.  His entire career is devoted to defending people accused of crimes and delinquencies.

Proven Results

James Sullivan gets results.  Over the past 20 years, Sullivan has defended more than 3,000 people charged with every kind of criminal and juvenile case, including murder, aggravated robbery, drug cases, sex offenses, domestic assault and DWI.

Philosophy

James Sullivan practices criminal law with a simple philosophy.  If a client says he is not guilty, and if the prosecutor will not dismiss the charge, then Jim Sullivan advises his client that they should fight the case at a jury trial.  Unlike many other attorneys, Sullivan does not try to convince an innocent person to plead guilty.  Instead, Sullivan fights for his clients’ freedom and reputation.

Affordable Legal Services

James Sullivan offers a full range of affordable legal services in his criminal and juvenile defense law practice.  Unlike many other attorneys, Sullivan charges separate fees on trial and non-trial cases.

Cares About His Clients

James Sullivan cares about his adult and juvenile clients and is concerned about their future.  He frequently counsels with clients at his office for hours at a time. He listens to their concerns, answers all of their questions and discusses legal strategies. He also explains how a criminal conviction could affect them and how to get on the right path for a successful life. Because Jim Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

Reputation

James Sullivan has a good reputation in the legal community.  Sullivan is humbled by fine lawyers who endorse him on AVVO. He is also very grateful for clients who write testimonials on his behalf.  Most of his business comes from referrals from past clients and other lawyers, although it is not necessary to have a referral for him to defend you.  Anyone can call James Sullivan to represent them.

The law practice of James Sullivan is devoted solely to criminal and juvenile defense.  Jim Sullivan has tried many cases in the Harris county criminal and juvenile courthouses.  Approximately half of his cases involve criminal charges while the other half involves juvenile charges.

Contact Attorney James Sullivan

If you are under investigation or have been charged with a crime or delinquency, call Houston criminal defense attorney James Sullivan to discuss your case.

James Sullivan generally tries to answer his own phone so that you can speak to an attorney directly. He wants to hear from you and to help you. Call him right now. Don’t go to court alone. To schedule an appointment or to discuss your case, call 281-546-6428.

Grand Jury Defense

If you are charged with a felony offense, James Sullivan may be able to get your case no billed (dismissed) by the grand jury, but you need to hire him before or soon after your first court setting.  If your felony case is dismissed by the grand jury, you have the immediate right to get your criminal record expunged.  Many of Jim Sullivan’s clients have been able to do this within a few months of being arrested.

Board Certified in Juvenile Law

Bellville, Texas Juvenile Attorney James Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Juvenile law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.

As an attorney myself, when concerns arose over an incident involving my son, I knew the extreme importance of finding an attorney who is Board Certified in juvenile law. Board Certified lawyers are highly specialized – enough that the State recognizes them for their expertise. My search led me to Jim Sullivan and I cannot thank him enough. He is extremely well-versed in this highly specialized area of law, kind, compassionate and non-judgmental. He spent a great deal of time understanding the incident involving my son and providing us guidance. Thankfully, it appears that this will turn out to only be a “learning opportunity” for my son but, I have Jim’s number in my phone and will call him immediately if the need arises. ~Concerned Mom (Yahoo Directory Review)

Bilingual

James Sullivan is fluent in Spanish and English, having studied Journalism, Latin American and Asian Studies at Baylor University, a nationally ranked Christian school.  He graduated with honors in 1990. He then lived in Mexico City and traveled throughout Mexico prior to entering law school. In 1993, he graduated from South Texas College of Law. He and his wife Araceli have been married over 20 years and have two children. They worship at Christ the Redeemer Catholic Church. Jim Sullivan is also an Eagle Scout.

NANCY BOTTS

Associate Attorney Nancy Botts has been licensed since 1988 and obtained her law degree from the University of Houston. She concentrates on criminal law and family law and handles all kinds of cases in these areas. As a criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. She has good results in drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. She aggressively defends all felony and misdemeanor drug possession and drug delivery cases. She has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms. She has also represented numerous people on child sex abuse cases.  She also has a strong commitment to offering each client the best possible representation.

AREAS OF PRACTICE

Arson, Assault, Bank Burglary, Computer Crime, Cruelty to Animals, Domestic Violence, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Indecency iwth a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Probation Violation, Record Sealing, Record Expungement, Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, Theft, White Collar Crime, and all Juvenile Crime, Juvenile Certification, Juvenile Record Sealing and Juvenile Sex Offenses.

 

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Matagorda County Texas Criminal Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2012/10/22/bay-city-matagorda-county-texas-criminal-lawyer-jim-sullivan/ Mon, 22 Oct 2012 01:15:46 +0000 http://www.texascriminaltriallawyer.org/?p=8735 Matagorda County Criminal Lawyers

 

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Houston Petition for Non-Disclosure Attorney | Texas Criminal Record Sealing Lawyer James Sullivan http://www.texascriminaltriallawyer.org/2012/10/18/houston-petition-for-non-disclosure-attorney-texas-criminal-record-sealing-lawyer-jim-sullivan/ Thu, 18 Oct 2012 00:27:53 +0000 http://www.texascriminaltriallawyer.org/?p=8730 Harris County Petition for Non-Disclosure

Houston Criminal Record Sealing Lawyer James (Jim) Sullivan frequently helps people to get their criminal records sealed (non-disclosed) by filing Petitions for Non-Disclosure.  This is extremely important, especially in these tough economic times.  It is not a surprise that employers are more likely to hire a job applicant who has never been arrested than someone who has been arrested and successfully completed a deferred adjudication probation.  Perception can be everything in this process.  Not having to list an arrest on a job application or to try to explain it away definitely can give that applicant a better chance at being hired.

Harris County Criminal Attorney James Sullivan cares about people.  He wants everyone to have an opportunity to get ahead and to be able to provide for their family.  An arrest without a conviction has negative consequences on a person’s opportunity in life.  A check in the “Have you ever been arrested?” box gives an employer a easy way to narrow down a stack of job applications.

If you were arrested and you successfully completed a deferred adjudication probation, call Attorney James Sullivan about getting your criminal record sealed (non-disclosed) to the public.  Depending on the circumstances, you may have to wait a period of time after the deferred probation is over before you can seek a non-disclosure and some cases are not eligible for sealing.

In Harris County, a Petition for Non-Disclosure is filed in the court which granted the original deferred adjudication probation.  It is important to hire a lawyer who has experience in getting criminal records sealed and expunged properly.  It can be a time consuming process.  All of the information must be correct.  Attorney Jim Sullivan has worked to get criminal records sealed and expunged for many of his clients.

NTL-top-100-member2Attorney James Sullivan has served the Greater Houston area since 1994. Sullivan has also successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts. Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact James Sullivan at 281-546-6428 to discuss your situation.

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Houston Petition for Expunction Lawyer James Sullivan Helps People Expunge Their Criminal Record http://www.texascriminaltriallawyer.org/2012/10/16/houston-petition-for-expunction-lawyer-jim-sullivan-helps-people-expunge-their-criminal-record/ Tue, 16 Oct 2012 16:05:04 +0000 http://www.texascriminaltriallawyer.org/?p=8726 Harris County Criminal Record Expunction

Houston Criminal Lawyer James (Jim) Sullivan frequently helps people to get their criminal records expunged by filing Petitions for Expunction.  This is extremely important, especially in these tough economic times.  It is not a surprise that employers are more likely to hire a job applicant who has never been arrested than someone who has been arrested even when their criminal case was dismissed by the government or their felony case was dismissed (no billed) by the Grand Jury.  Perception can be everything in this process.  Not having to list an arrest on a job application or to try to explain it away definitely can give that applicant a better chance at being hired.

Harris County Criminal Lawyer James Sullivan cares about people.  He wants everyone to have an opportunity to get ahead and to be able to provide for their family.  An arrest without a conviction has negative consequences on a person’s opportunity in life.  A check in the “Have you ever been arrested?” box gives an employer a easy way to narrow down a stack of job applications.

If you were arrested and your criminal case was dismissed, call James Sullivan about getting your criminal record expunged.  Depending on the circumstances and the reason why your case was dismissed, you may have to wait until the statute of limitations has expired on the case.  If the grand jury no billed your case, however, you have the immediate right to get your case expunged.  Once your case is expunged, neither the public nor law enforcement has access to your record.

In Harris County, a Petition for Expunction is filed in the civil district courts.  The government charges charges approximately $270 in filing fees and service fees.  These fees are in addition to the legal fees.  The petition must be done correctly, or the petitioner may have to pay the filing fee a second time, therefore it is important to hire a lawyer who has experience in getting criminal records expunged properly.  It can be a time consuming process.  All of the information must be correct and all of the legal agencies which have the records must be included in the lawsuit.  James Sullivan has worked to get criminal records expunged for many of his clients.

NTL-top-100-member2Houston Criminal Attorney James Sullivan is also successful in getting felony cases no billed by the grand jury, having had more than 30 such cases no billed in just the past few years. Sullivan has served the Greater Houston area since 1994. Sullivan has also successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts. James Sullivan attended the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Contact James Sullivan at 281-546-6428 to discuss your situation.

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