Houston Criminal Defense Lawyers James Sullivan and Associates http://www.houstoncriminaltriallawyer.net 12345 Jones Rd., Suite 288, Houston, TX 77070. Tel. 281-546-6428 Sun, 18 Jun 2017 17:49:16 +0000 en-US hourly 1 https://wordpress.org/?v=4.8 29379950 Houston First Arrest Criminal Defense Attorney http://www.houstoncriminaltriallawyer.net/houston-first-arrest-criminal-defense-attorney/ Sat, 13 May 2017 23:34:38 +0000 http://www.houstoncriminaltriallawyer.net/?p=8966 Harris County First Time Offender

Your first time being arrested can be a scary experience. Whether you were arrested because of a misunderstanding or because of an impulsive act, the entire process is stressful, rushed and confusing. Since law enforcement in Texas is well known for cracking down on crime, it is important to contact an experienced criminal defense lawyer to defend you.

If you been arrested and charged with your first offense in Harris County, Montgomery County, Fort Bend County, Waller County, Brazoria County or any of the surrounding areas, you should not go to court alone. Call an experienced Houston criminal defense attorney who will protect your legal rights and use your first time circumstances to mitigate the possible consequences in your case.

Harris County First Time Arrest Lawyer

The lawyers at James G. Sullivan and Associates have thousands of case successes, and they review each case on a personalized, result-oriented basis to determine the best approach for you. They will work hard to achieve a favorable result for you.

Call James G. Sullivan and Associates at (281) 546-6428 for a free phone consultation for your first time offender case in Houston, Hempstead, The Woodlands, Conroe, Cypress, Spring, Humble, Katy, Channelview, Pasadena, Sugar Land, Richmond, Pearland, Angleton, or the surrounding areas today.

Common First Time Offenses in Houston

Harris County has a large, multicultural population spread over a vast area. There are many different first time offenses for which people are frequently arrested. Whether you reside in the Greater Houston area or are visiting from the surrounding counties of Montgomery, Fort Bend, Waller or Brazoria, these are a few of the many first time offenses–

Texas prosecutors take all of these crimes very seriously, however Harris County has several different programs available to first time offenders. An experienced Houston criminal attorney can guide you through the defense process, apply the best legal defense or suggest the appropriate program for your case.

Options for First Time Offenders in Harris County

Since prosecutors and judges focus on putting dangerous criminals behind bars, an experienced Houston criminal defense lawyer can use your lack of a prior record and any other mitigating facts to persuade for leniency. There are various possible options available for first time offenders, including–

  • Apply for Pre-Trial Diversion with the prosecution with or without the filing of criminal charges.
  • Programs, Services and Specialty Courts – these are designed to provide education, counseling and other services instead of or along with community supervision (probation) and jail time. Your defense lawyer can negotiate with the prosecutor on securing these options.
  • Fight the case at a jury trial or a suppression hearing if the facts and law support a good defense.
  • Plea bargaining – if all other options fail, a dedicated criminal defense attorney can usually use your status as a first offender and improbability to become a repeat offender to make a case for deferred adjudication or probation in exchange for a plea of guilty or no contest.

Once you complete the terms of your negotiated deal, you may be eligible to have your record expunged or sealed (non-disclosed to the public). This process is usually not automatic, so consult your attorney about the specific method for your case.

Harris County Specialized Diversion and Intervention Programs

As a first time offender and depending on the facts of your case, you may be eligible for the following specific diversion and intervention programs—

Misdemeanor

DWI Pre-Trial Intervention Program – if you are a first time offender charged with a Class B DWI or BWI, you may be eligible for this 12-month voluntary supervision program available through the Harris County District Attorney’s Office. If you successfully complete the program, your DWI case will be dismissed, you will avoid paying DPS surcharges and you can apply for an expunction 2 years after dismissal.

Retail Theft Pre-Trial Intervention Program – if you are a first time shoplifter (retail theft offender), this 90-day program offers the opportunity to get your case dismissed. If you are accepted, you will be required to pay a $130 fee, take an anti-theft class and stay out of trouble during those three months. If successful, you can then seek an expunction of your criminal case.

Misdemeanor Marijuana Diversion Program (MMDP) – this is a pre-charge diversion program offered by the Harris County District Attorney’s Office to offenders who would otherwise be arrested and charged with possession of misdemeanor marijuana, regardless of criminal history. If eligible and accepted into the program, you must pay a $150 program fee and complete a 4-hour “Cognitive Decision Making” class within 90 days. If successful, your record will remain clear of any arrest or charge for the offense.

Prostitution Prevention Program – this program, known as called SAFE Court (Survivors Acquiring Freedom and Empowerment), targets young adults age 17-25 who are first time offenders, although some repeat prostitution offenders in that age group will also be eligible. Their goal is to provide these young people life skills needed to transition out of the prostitution lifestyle and to become a contributing member of society.

Misdemeanor Veterans’ Court – this specialty court program provides veterans who are honorably discharged from their military service, with treatment, and intense court supervision in lieu of a conviction and jail time. Defendants who qualify for the program are provided treatment and counseling for 6 months or more. Upon successful completion of the program, participants will be eligible for an expunction of their Class B or A misdemeanor offense.

Felony

Felony Mental Health Court (FMHC) – this is a voluntary specialty court program. If an offender meets the program requirements and is accepted, he receive pre-trial intervention, deferred adjudication or probation. He must be willing to undergo a clinical evaluation and agree to follow an individualized Re-Entry Plan. Individualized incentives and sanctions are applied in order to encourage following the Re-Entry Plan and to modify behavior leading to potential criminal activity. He must complete at least 18 months in the court; the judge will consider early termination of probation as allowed by law.

Harris County Veterans’ Court (HCVC) – this voluntary specialty court program aims to habilitate veterans and active service members that suffer from homelessness, mental illness, mental disorders, traumatic brain injury, and/or substance use disorder due to military service, which was a contributing factor in their felony criminal offense. The program accepts first time felony offenders and/or veterans who have served in combat or under hazardous conditions. The program excludes any offenders with a current charge or previous conviction for a violent crime (other than aggravated assault), sexual assault or delivery of a controlled substance. Those admitted to the court will receive pre-trial intervention, deferred adjudication or community supervision, and it will take a minimum of 18 months to complete the program followed by a 6 month aftercare phase.

STAR Drug Court Program – The STAR (Success Through Addiction Recovery) program treats non-violent, repeat drug offenders and consists of a three-phase intensive, highly structured treatment program, followed by a 12-month aftercare program. During all phases, participants attend 12-step programs or an approved alternative, participate in group and individual treatment and counseling programs, submit to frequent random drug testing and appear frequently before their judge. Graduates have their cases disposed of on a case-by-case basis by the STAR program judges.

James G. Sullivan and Associates | Harris County First Time Offender Lawyer

Even if you are a first time offender, Texas punishment is harsh on offenders. The good news is that in Harris County and many other counties you have several options available.

If you are charged with a first time criminal offense in the Greater Houston area including Harris County, Montgomery County, Fort Bend County, Waller County, Brazoria County or any of the surrounding areas, call James G. Sullivan and Associates today at (281) 546-6428.

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Phone Numbers | Harris County Criminal Courts http://www.houstoncriminaltriallawyer.net/phone-numbers-harris-county-criminal-courts/ Sat, 13 May 2017 23:24:22 +0000 http://www.houstoncriminaltriallawyer.net/?p=8964 CRIMINAL COUNTY COURTS

County Criminal Court No. 1          713-755-6180     Judge Paula Goodhart       8th Floor

County Criminal Court No. 2          713-755-6184     Judge William Harmon     8th Floor

County Criminal Court No. 3          713-755-6188     Judge Natalie Fleming       8th Floor

County Criminal Court No. 4          713-755-6192     Judge John Clinton             8th Floor

County Criminal Court No. 5          713-755-6196     Judge Margaret Harris       9th Floor

County Criminal Court No. 6          713-755-6200     Judge Larry Standley         9th Floor

County Criminal Court No. 7          713-755-6204     Judge Pam Derbyshire       9th Floor

County Criminal Court No. 8          713-755-6208     Judge Jay Karahan             9th Floor

County Criminal Court No. 9          713-755-6212     Judge Analia Wilkerson    10th Floor

County Criminal Court No. 10        713-755-6216     Judge Dan Spjut                  10th Floor

County Criminal Court No. 11        713-755-7780     Judge Diane Bull                  10th Floor

County Criminal Court No. 12        713-755-7738     Judge Robin Brown             10th Floor

County Criminal Court No. 13        713-755-7950     Judge Don Smyth                 11th Floor

County Criminal Court No. 14        713-755-5683     Judge Michael Fields           11th Floor

County Criminal Court No. 15        713-755-4760     Judge Jean Hughes              11th Floor

County Criminal Court No. 16        713-755-3575     Judge  Darrell Jordan          11th Floor

CRIMINAL DISTRICT COURTS

174th District Court           832-927-4200     Judge Hazel Jones                      19th Floor

176th District Court           832-927-4225     Judge Nikita Harmon                 19th Floor

177th District Court           832-927-4250     Judge Robert Johnson                19th Floor

178th District Court           832-927-4275     Judge Kelli Johnson                    19th Floor

179th District Court           832-927-4100     Judge Randy Roll                         18th Floor

180th District Court           832-927-4125     Judge Catherine Evans               18th Floor

182nd District Court          832-927-4150     Judge Jeannine Barr                   18th Floor

183rd District Court           832-927-4175     Judge Vanessa Velasquez           18th Floor

184th District Court           832-927-3900     Judge Jan Krocker                      17th Floor

185th District Court           832-927-3925     Judge Susan Brown                     17th Floor

208th District Court           832-927-3950     Judge Denise Collins                 17th Floor

209th District Court           832-927-3975     Judge Michael McSpadden       17th Floor

228th District Court           832-927-3800     Judge Marc Carter                      17th Floor

230th District Court           832-927-3825     Judge Bradley Hart                     17th Floor

232nd District Court          832-927-3850     Judge Presiding                           16th Floor

248th District Court           832-927-3875     Judge Katherine Cabiness         16th Floor

262nd District Court          832-927-3700     Judge Denise Bradley                 15th Floor

263rd District Court           832-927-3725     Judge Jim Wallace                       15th Floor

337th District Court           832-927-3750     Judge Herb Ritchie                      15th Floor

338th District Court           832-927-3775     Judge Ramona Franklin             15th Floor

339th District Court           832-927-3650     Judge Maria T. Jackson             14th Floor

351st District Court           832-927-3675     Judge George Powell                    14th Floor

(Updated in May 2017)

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James G. Sullivan & Associates

Call 281-546-6428 for a free phone consultation.

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White Collar Crime http://www.houstoncriminaltriallawyer.net/white-collar-crime/ Mon, 05 Dec 2016 15:01:50 +0000 http://www.houstoncriminaltriallawyer.net/?p=8929 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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Houston Stalking Defense | Harris County Family Violence Lawyers http://www.houstoncriminaltriallawyer.net/houston-stalking-defense-harris-county-family-violence-lawyers/ Mon, 19 Sep 2016 00:23:12 +0000 http://www.houstoncriminaltriallawyer.net/?p=8921 Harris County Stalking Defense

Stalking is a serious felony offense. Stalking allegations in Houston can arise from different situations, such as from a failed relationship where one partner still wants to maintain contact with the other partner.  And, stalking charges are often filed based solely on the accusations of the alleged victim.

If a law enforcement officer in Texas has probable cause that an accused committed the offense, the officer has authority to immediately arrest that person without a warrant. Even if a proper investigation did not take place, an immediate arrest for stalking could still occur based on the accusations.

Stalking charges can result in serious punishment and consequences, 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. However, if you have been charged with a stalking offense, it is important to know that you do not necessarily have to face a criminal conviction.

It is important to hire an experienced Houston criminal defense lawyer because criminal charges for stalking 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 stalking 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.

Stalking in Houston

According to section 42.072 of the Texas Penal Code, a person can be charged with stalking if the person, on more than one occasion and in the same course of conduct that is directed specifically at another person, knowingly engages in conduct that:

  • the person knows or reasonably should know will be regarded as threatening bodily injury or death to the alleged victim, a family member or household member of the alleged victim, or another person the alleged victim is dating;
  • the person knows or reasonably should know will be regarded as threatening damage to the alleged victim’s property;
  • causes the alleged victim, a family member or household member, or person they are dating to be fearful of death, serious bodily injury or property damage;
  • would cause a reasonable person to fear bodily injury or death to themselves, a family or household member, or person they are dating; and/or
  • would cause a reasonable person to fear their property will be damaged.

Punishment for Stalking in Houston

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

A first stalking offense is 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.

A second stalking offense is 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.

In addition to the punishment described above, a person that has been convicted of a stalking offense may suffer any of the following penalties and consequences:

  • A criminal record;
  • Unable to apply for certain jobs, professions or occupations;
  • Unable to be admitted into certain educational programs;
  • Ineligible to own or possess a gun or firearm;
  • Ineligible to receive certain kinds of governmental assistance;
  • Ineligible to vote or hold public office;
  • Loss of certain professional licenses; and/or
  • Public humiliation and embarrassment.

James G. Sullivan and Associates | Harris County Stalking Lawyer

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.

Contact James Sullivan & Associates for a free phone consultation at 281-546-6428 about your stalking 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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Montgomery County Texas Juvenile Sex Crime Defense Attorney http://www.houstoncriminaltriallawyer.net/montgomery-county-texas-juvenile-sex-crime-defense-attorney/ Tue, 07 Jun 2016 22:09:25 +0000 http://www.houstoncriminaltriallawyer.net/?p=8916 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.
TBLS-Logo-tag-R
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 Attorney http://www.houstoncriminaltriallawyer.net/houston-firearm-defense-lawyer-harris-county-weapon-attorney/ Wed, 30 Mar 2016 15:27:56 +0000 http://www.houstoncriminaltriallawyer.net/?p=8910 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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Criminal Trespass http://www.houstoncriminaltriallawyer.net/criminal-trespass/ Mon, 07 Mar 2016 02:44:07 +0000 http://www.houstoncriminaltriallawyer.net/?p=8905 Houston Criminal Trespass Lawyers

Criminal Trespass is a property crime that is frequently committed in Texas. The potential consequences to offenders can be much greater than what they realize as most people wrongly assume that the crime is not that serious. In fact, if convicted of Criminal Trespass to a Habitation, an individual can face up to one year in jail and be ordered to pay up to $4,000 in fines. These penalties, along with having a criminal record, can be devastating and it is important to hire an experienced Houston property crimes lawyer to defend you against these allegations.

To have a realistic chance of getting your criminal charges dismissed, being found not guilty at trial or even avoiding a conviction through pretrial diversion or deferred adjudication, it is important to hire an experienced Houston property crimes lawyer to fight for you against these allegations.

Harris County Criminal Trespass Defense Attorney

The defense attorneys at James G. Sullivan & Associates are passionate about defending cases like yours and have over 45 years of criminal defense trial experience. If you have been charged with Criminal Trespass in the Greater Houston area, contact our office today at 281-546-6428 to schedule a free confidential consultation.

Criminal Trespass in Houston

According to Texas Penal Code § 30.05, an individual commits criminal trespass if the person enters or remains on another person’s property without the consent of the owner, and had notice or did not leave after being given notice that the entry was forbidden.

Criminal trespass commonly occurs on residential and agricultural land, and in recreational vehicles, buildings, aircrafts, vehicles or habitations.

Under Texas law, “notice” means any oral or written communication by the owner of the property or someone with apparent authority to act for the owner. Proper notice can include but is not limited to fencing or other enclosure that is clearly designed to keep people out or livestock within, a sign posted on the property or at the entrance to a building that can be reasonably seen by intruders, and the presence of agriculture that is being cultivated or harvested.

In Texas, criminal trespassing is usually a Class B misdemeanor, however the charges can either be upgraded or reduced under certain circumstances. If the trespass occurred on agricultural land within 100 feet of its boundary or on residential land within 100 feet of a protected freshwater area, it can be reduced to a Class C misdemeanor.

Criminal trespass can be upgraded to a Class A misdemeanor if it is committed in a habitation, shelter center, critical infrastructure facility, or if the defendant was in possession of a deadly weapon during the commission of the trespass.

Penalties for Criminal Trespass in Harris County

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

Take your Criminal Trespass Charge Seriously

Individuals often taken criminal trespass charges lightly, however that is a mistake because the possible penalties are very serious. If you are charged with criminal trespass in the counties of Harris, Montgomery, Fort Bend, Waller, Brazoria, Liberty or Galveston, protect your rights by retaining the experienced Houston criminal defense lawyers at James G. Sullivan & Associates.

James (Jim) Sullivan is an experienced Houston criminal defense attorney. For 22 years, Sullivan has successfully fought the government in jury trials on behalf of clients in criminal and juvenile courts. Sullivan has also been able to get hundreds of serious criminal and juvenile cases dismissed or reduced from a felony to a misdemeanor.

James Sullivan graduated from Gerry Spence’s Trial Lawyers College, the most selective and prestigious trial advocacy program in America. Sullivan was also recognized by 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 for a free confidential consultation.

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Houston Juvenile Attorney James Sullivan Defends Children with Mental Illness and Substance Abuse http://www.houstoncriminaltriallawyer.net/houston-juvenile-attorney-james-sullivan-defends-children-with-mental-illness-and-substance-abuse/ Sun, 28 Feb 2016 21:47:26 +0000 http://www.houstoncriminaltriallawyer.net/?p=8903 Harris County Juvenile Defense of Teens with Mental Illness and Substance Abuse

Houston Juvenile Attorney James Sullivan is very knowledgeable in various mental health and substance disorders and how they impact a juvenile. Behavior, mood, anxiety and substance disorders are common with children brought into the juvenile system. These children often have more than one disorder; substance abuse is the most common “co-occurence” with a mental illness. These disorders frequently put children at risk for risky behavior and delinquent acts.

If your child needs a juvenile defense lawyer, contact Houston Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

Behavioral Disorders

Behavioral disorders are characterized by actions that harm or disturb others and that cause distress or disability. Typical behavioral disorders are ADHD (attention deficit hyperactivity disorder) and conduct disorders.

Emotional Disorders

Emotional disorders occur when a child’s ability to function is impaired by depression or anxiety. The occurrence of depression is significantly higher among juvenile offenders than among other young people.

Substance Abuse

Many juvenile offenders have a history of substance abuse. Studies also have shown that up two-thirds of juveniles in the justice system with a mental health diagnosis had dual disorders, most often including substance abuse.

According to the National Mental Health Association, between 30 and 50 percent of juvenile in the justice system have disruptive behavior disorders.

Anxiety Disorder, PTSD, Asperger’s Sydrome, Autism Spectrum Disorder

Anxiety disorders and PTSD (post traumatic stress disorder) are also prevalent among juvenile offenders, especially girls. Asperger’s syndrome and higher levels of Autism spectrum disorder are less common in juvenile offenders. Psychotic disorders such as schizophrenia, however, are rare in juveniles in the justice system.

According to the CDC (Centers for Disease Control), children aged 3-17 years have:

  • ADHD (6.8%)
  • Behavioral or conduct problems (3.5%)
  • Anxiety (3.0%)
  • Depression (2.1%)
  • Autism spectrum disorders (1.1%)
  • Tourette syndrome (0.2%) (among children aged 6–17 years)

Adolescents aged 12–17 years have:

  • Illicit drug use disorder in the past year (4.7%)
  • Alcohol use disorder in the past year (4.2%)

Approximately 65 to 70 percent of the 2 million children and adolescents arrested each year in the United States have a mental health disorder. Approximately one in four suffers from a mental illness so severe that it impairs his or her ability to function as a young person and grow into a responsible adult. Without treatment, the child may continue on a path of delinquency and eventually adult crime.

Childhood Trauma

There is a stronger link between childhood trauma and addiction that than there is between obesity and diabetes. Two thirds of addicts report being abused as children.

For a good understanding of childhood trauma and how it impacts the brain and behavior, read The Boy Who Was Raised as a Dog by Dr. Bruce D. Perry and Maia Szalavitz. Dr. Perry treated the 21 children who were released from the Branch Davidian compound in Waco, Texas prior to the horrific conflagration that killed 80 people (including 23 children) on April 19, 1993.

Contact Attorney James Sullivan

Harris County Juvenile Defense Attorney James (Jim) Sullivan is a recognized expert in juvenile law and fights to defend children accused of delinquency offenses.  Since 1994, James Sullivan has fought to defend thousands of children accused of delinquency.  He has defended children in juvenile court on virtually every kind of delinquency case, ranging from misdemeanor cases such as possession of marihuana, theft and assault to felony cases such as aggravated sexual assault of a child, robbery and murder.  He provides a strong legal defense and is appreciative of the many reviews that parents of juvenile clients have written.

TBLS-Logo-tag-RAttorney James Sullivan has been Board Certified in Juvenile Law by the Texas Board of Legal Specialization since 2004.  Sullivan is a recognized expert in the highly specialized area of juvenile law.  In Texas, there are only 38 lawyers such certified lawyers in private practice.  Sullivan also graduated from the Trial Lawyers College founded by legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization.

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

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Drug Crimes http://www.houstoncriminaltriallawyer.net/drug-crimes/ Sun, 20 Sep 2015 03:53:29 +0000 http://www.houstoncriminaltriallawyer.net/?p=8886 Houston Drug Crimes Lawyer

Aggressive Defense Against Drug Charges

If you are charged with a drug crime, you need an experienced and top Harris County Drug Attorney on your side. Since 1988, Nancy Botts has successfully defended hundreds of clients charged with felony and misdemeanor drug cases throughout Texas.

Nancy Botts is well versed in state and federal search and seizure law and has successfully defended a wide range of drug cases. Having fought the Harris County District Attorney’s office for many years, Nancy is familiar with the strategies and tactics prosecutors will use to try to convict you. Based on the circumstances of your case, she will determine and implement the best strategy to defend you and protect your rights.

Contact Nancy Botts directly at 713-835-1194 to discuss your case.

In Texas, the war on drugs is alive and well. Law enforcement does their best to search as many persons and vehicles as they can. With their aggressive behavior, the police may very well violate your constitutional rights. The right to be secure against unreasonable search and seizures is guaranteed by the 4th Amendment to the United States constitution, however many law enforcement officers do not believe in these rights and frequently violate them.

Because of that, you need a lawyer who is extremely knowledgeable in search and seizure law. Nancy Botts has the experience and knowledge to protect your constitutional rights and make sure that illegally seized evidence does not result in your conviction.

In Texas, a drug conviction can result in harsh punishment. The type and amount of drugs seized determines the possible punishment for a drug charge. The punishment for drug offenses can range from a fine only all the way up to life in prison.

DRUG PUNISHMENT RANGES:

Class C MisdemeanorPossession of Drug ParaphernaliaFine $0 - 500
Class B MisdemeanorPossession of Marihuana (0-2 oz)0 - 180 days in county jail
Class A MisdemeanorPossession of Marihuana (2 - 4 oz)0 - 365 days in county jail
State Jail FelonyPossession of Marihuana (4 oz - 5 lbs) and Possession of Penalty Group 1 less than 1 gram (e.g. Cocaine, Heroin)180 days to 2 years in state jail
3rd Degree FelonyPossession of Marihuana (5 lbs - 50 lbs) and Possession of Penalty Group 1 between 1 - 4 grams (e.g. Cocaine, Heroin)2 - 10 years in prison
2nd Degree FelonyPossession of Marihuana (50 lbs - 2,000 lbs) and Possession of Penalty Group 1 of 4 - 200 grams (e.g. Cocaine, Heroin)2 - 20 years in prison
1st Degree FelonyPossession of Penalty Group 1 of 200 to 400 grams (e.g. Cocaine, Heroin)5 years - life in prison
1st Degree Felony EnhancedPossession of Penalty Group 1 of over 400 grams (e.g. Cocaine, Heroin)10 years - life in prison

Nancy Botts can guide you through the defense of a drug charge. You may be eligible for a diversion program for some charges. This program would allow you to have your case dismissed and later expunged upon successful completion of the program. Based on the circumstances of your arrest, Nancy may be able to get your case reduced to a misdemeanor or dismissed.

If you have been charged with any drug related crime, contact Nancy Botts for a free initial consultation. Once you hire Nancy, she will get to work immediately on your case—reviewing the offense report, gathering evidence, interviewing witnesses, talking with prosecutors to determine the best legal strategy to defend you. Nancy may be able to get your felony no billed (dismissed) by the grand jury prior to indictment. Even if indicted, Nancy will do everything possible she can to get your case dismissed by the government or reduced to a misdemeanor.

Houston Drug Crime Lawyer

Contact Nancy Botts today for a free consultation. Call Nancy directly at 713-835-1194 to talk about your case.

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Harris County Evading Arrest Lawyer | Houston Evading Detention Attorney James Sullivan http://www.houstoncriminaltriallawyer.net/harris-county-evading-arrest-lawyer-houston-evading-detention-attorney-james-sullivan/ Fri, 03 Jul 2015 21:07:20 +0000 http://www.houstoncriminaltriallawyer.net/?p=8869 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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Fort Bend County Juvenile Law http://www.houstoncriminaltriallawyer.net/fort-bend-county-juvenile-law/ Sun, 31 May 2015 04:03:13 +0000 http://www.houstoncriminaltriallawyer.net/?p=8866 Sugar Land Board Certified Lawyer James Sullivan Explains Juvenile Law

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.

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 Fort Bend County 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 Sugar Land Juvenile Attorney 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, 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.

Fort Bend County Juvenile Defense Attorney James Sullivan 

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.

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.

Contact Fort Bend County Juvenile Lawyer James Sullivan

James Sullivan handles all juvenile offenses in the county courts in Fort Bend County and throughout southeast Texas.

Whether 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 Sugar Land Juvenile Attorney James Sullivan at (281) 546-6428.

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Could the Grand Jury Dismiss Your Case? Yes http://www.houstoncriminaltriallawyer.net/could-the-grand-jury-dismiss-your-case/ Mon, 18 May 2015 14:33:34 +0000 http://www.houstoncriminaltriallawyer.net/?p=8856 Houston Felony Defense Lawyer

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 the government (prosecutors) often rushes to get their felony cases indicted by the grand jury within one to two weeks after an arrest,  it is important to hire a Houston criminal lawyer with experience winning cases at the grand jury level as soon as you are arrested or know you are under investigation.  Your attorney can then sign onto your case in court and ask the State to hold the case from the grand jury in order to prepare a defense.

Proven Record of Felony Case Dismissals

Houston Criminal 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 realistic 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 32 of those felony cases that were either no billed by the Grand Jury or dismissed by the State based upon the defense packet since November 2008.

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
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Houston Murder / Manslaughter Charge Defense http://www.houstoncriminaltriallawyer.net/houston-murder-manslaughter-charge-defense/ Sun, 22 Mar 2015 18:35:43 +0000 http://www.houstoncriminaltriallawyer.net/?p=8662 Harris County Homicide Defense Lawyer

Murder | Manslaughter | Negligent Homicide

James (Jim) Sullivan is an experienced Harris 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.

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.

Located in northwest Houston, and serving the counties of southeast Texas, James G. Sullivan and Associates provides those accused of murder, manslaughter and negligent homicide with an aggressive, experienced defense. Since 1994, Sullivan has defended at trial several clients accused of murder and homicide related charges.

In his most recent murder case in February 2015, Sullivan forced the State to agree to 15 years in prison on the second jury trial setting. Prior to trial, the State only offered 45 years. Sullivan’s client carried a gun to a college age party held in a family’s backyard. To scare off several hostile men that wanted to fight him, the client fired a warning shot over them and accidentally struck and killed an innocent bystander.

In 2014, Sullivan assisted his associate Nancy Botts in a murder trial in which the accused initially lied to the investigating officer and even tried to hide the firearm and cover up the physical evidence. Their client claimed self defense in killing a drug addict with a shotgun at close range, however his credibility was destroyed by the lies he initially told to investigators. Even though the jury did find their client guilty, Botts was able to secure a 16 year prison sentence. Prior to trial, the State again only offered 45 years.

Homicide charges, ranging from manslaughter and negligent homicide to capital murder, are very serious and carry serious consequences if convicted.

When facing murder charges, it is essential to have an experienced criminal defense attorney at your side to get the best possible outcome.

The different homicide charges carry the following penalties:

  • Capital Murder: Life imprisonment or the death penalty
  • Murder: 5 years to Life in prison
  • Manslaughter: 2 to 20 years in prison
  • Negligent Homicide: 180 days to 2 years in a state jail. However, if a deadly weapon is found to have been used, the range is 2 to 10 years in prison.

Contact a Skilled Houston Murder Defense Lawyer

The outcome of your case is significantly affected by the experience of the criminal defense lawyer you hire. It is important to hire a reputable attorney with extensive trial experience, especially murder trial experience. James Sullivan will help you understand the charges against you and discuss your options.

To consult in confidence with an experienced Houston criminal defense lawyer, contact Attorney James Sullivan at 281-546-6428.

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Harris County Juvenile Law FAQs http://www.houstoncriminaltriallawyer.net/harris-county-juvenile-law-faqs/ Sat, 21 Mar 2015 03:18:58 +0000 http://www.houstoncriminaltriallawyer.net/?p=8584 Answers to frequently asked questions concerning Houston juvenile law—

My child was arrested.  What kind of a lawyer does he need?

Your child needs a juvenile defense attorney who is experienced in this specialized area of law. Juvenile law is different from criminal law and family law. For this reason, it is important to retain an experienced juvenile lawyer to represent your child, as many criminal lawyers and family lawyers simply do not have the experience and understanding of the different rules and procedures in this specialized area of law. Few attorneys are experienced in juvenile law and fewer still are lawyers that are experts in this area of law. In the state of Texas, there are about 40 attorneys in private practice that are certified in juvenile law by the Texas Board of Legal Specialization.

At James G. Sullivan and Associates, the Houston defense attorneys are experienced trial lawyers in both juvenile and criminal courts. They have successfully defended thousands of clients and fought for hundreds of clients at jury trial on all kinds of charges ranging from misdemeanor theft to felony murder. Unlike many colleagues who practice criminal or juvenile law, James 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.

TBLS-Logo-tag-RJames Sullivan has been Board Certified in Juvenile Law by the Texas Board of Legal Specialization since 2004. In order to be certified, a lawyer has to devote a substantial percentage of his practice to juvenile law, handle a wide variety of matters in juvenile law to demonstrate experience and involvement, attend continuing education seminars to keep legal training up to date, be evaluated by fellow lawyers and judges and pass a six (6) hour written examination related to juvenile law.

Why should I hire you to represent my child?

In addition to being Board Certified in Juvenile Law, James Sullivan has the heart to help others and has over 20 years of experience defending juveniles in court. Sullivan cares deeply for his juvenile clients and personally interviews each client and their parents at his office for a minimum of one hour and this initial consultation frequently lasts two or three hours. The initial focus is on the juvenile case, the possible legal defenses and its resolution—dismissal, deferred prosecution, jury trial or stipulation (plea). Sullivan is an experienced defense trial attorney and gets proven results. Sullivan may be the only Houston juvenile attorney who has tried and won felony jury trials in all three Harris County Juvenile District Courts. These cases include aggravated sexual assault of a child, burglary of a habitation and assault against a public servant.  Sullivan has also had over 30 felony and misdemeanor cases dismissed on the date of a jury trial in the juvenile courts and many more in the criminal district courts.

The second focus is on the child and his future. Sullivan counsels them from his own experience on how to get on the right path and be successful in life. Sullivan also draws upon the experiences of some of his adult and juvenile clients who did not heed his counsel and are now either in prison or deceased.

James Sullivan chose to become a juvenile defense 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. Because of his own troubled childhood, Sullivan connects with juvenile clients in ways that other attorneys simply cannot and has been instrumental in leading juveniles to a successful future. As one client wrote in a review,

Sullivan connected with our son immediately. It was apparent he cared about him as a whole person, not just the kid who suddenly found himself in trouble. He was more than just a lawyer to my son. He shared his own experiences and his positive attitude about life and relationships. Sullivan is not only a good lawyer but a good role model for our children.

GerrySpence-JimSullivan2

Gerry Spence and James Sullivan in 2012

In 1990, James Sullivan graduated from Baylor University with honors. In 1993, Sullivan earned his law degree from South Texas College of Law. Sullivan also graduated from Gerry Spence’s Trial Lawyers College, the most selective and prestigious trial advocacy program in America.

At the Trial Lawyers College, Sullivan shared his life story with Gerry Spence. Spence himself also experienced tragedy during his formative years, yet went on to become America’s most celebrated and winningest trial lawyer. Spence shared his own wisdom on this transformation from suffering to success—those who have overcome great pain and suffering have the heart to help others. And those words of wisdom sum up Sullivan’s life story and vocation. Sullivan is passionate and zealous in defending his clients in court and in guiding them to a successful future.

Sullivan was also interviewed by The Trial Lawyers College for their blog regarding a juvenile jury trial win on a felony case of deadly conduct, his experiences learning their methods and his unique insight into juvenile defenses.

Contact James Sullivan to consult with a board certified Harris County Juvenile Attorney at (281) 546-6428.

How much do you charge?

Attorney fees are an important factor in selecting a juvenile defense attorney, but do you really want the cheapest lawyer when your child’s rights, freedom and future are on the line? The old saying that you get what you pay for is definitely true when it comes to hiring a defense lawyer. Exceptional representation is what your child deserves, but that level of representation should come at a fair price.

James G. Sullivan and Associates strive to provide each juvenile client with exceptional representation at a reasonable cost. Unlike many of their colleagues, they charge separate trial and non-trial fees. They do not believe it is reasonable to charge a trial fee unless the case is actually set for trial. Sullivan, however, is not a pro bono lawyer, i.e. he does not represent people for free. If you cannot afford to hire an attorney, you should ask the judge to appoint an attorney to represent you.

What can I do to get my child released from detention?

Call a juvenile lawyer who has experience in getting their clients released in detention hearings. An experienced juvenile lawyer should be able to explain the legal process to you and to guide you on how to best prepare for the detention hearing. It is important for you to attend the detention hearing while your child’s lawyer argues the many reasons why the judge should release your child.

What does the Judge consider when deciding whether or not to release my child?

At the hearing, the judge considers five factors in determining whether to hold your child in the detention center pending a resolution of the case in court or to release your child to a parent or guardian: (1) whether the child is likely to abscond or be removed from the jurisdiction of the court, (2) whether a parent or guardian can provide suitable supervision, care, and protection for the child, (3) whether the child has a parent or guardian who is able to return him to court when required, (4) whether the child may be a danger to himself or others if released, and (5) whether the child has previously been found to have engaged in delinquent conduct and is likely to commit a new offense if released.

What is the difference between juvenile court and adult criminal court?

In Texas, children from 10 to 16 years of age are charged in juvenile court. In Harris County, the children are tried in Juvenile District Courts, whereas in other counties they may be charged in juvenile district or county courts. Juvenile court is considered a civil court, although certain sections of criminal law are applicable. In the juvenile system, a child is charged with a “delinquency” by way of petition whether than with a “crime” by way of complaint or indictment. At trial, a jury or judge returns a verdict of “true” or “not true” instead of “guilty” or “not guilty”. Also, unless a juvenile is certified to stand trial as an adult and transferred to criminal court, juveniles are not released on “bond” but are released or detained depending upon the circumstances of their. Finally, the juvenile system primarily focuses on rehabilitation. Instead of a “punishment” hearing, if a juvenile is found to have engaged in delinquent conduct, the juvenile then has a “disposition” hearing where the consequences for his behavior are based upon guidelines and levels, not necessarily upon the offense as in criminal court.

Because juvenile law proceedings are hybrid in that they involve both civil and criminal law, you should retain an attorney that specializes in this unique area of law. The Houston defense attorneys at James G. Sullivan and Associates devote a significant portion of their practice to defending juveniles and have significant trial experience in both juvenile and criminal courts.

At what age is a teenager charged and tried as an adult?

  1. Texas is one of only 10 states where 17 year olds are tried and sentenced as adults. Because of this, it is extremely important that a juvenile mature quickly before his wayward path takes him into the adult system. For many children, the juvenile system becomes a pipeline to adult prison.

Does my child really have to have a lawyer?

Yes. The law requires that children in juvenile court must be represented by an attorney during most proceedings. In some circumstances, the judge may appoint an attorney to represent the child and require the parents to reimburse the county for the court-appointed lawyer however this process has been heavily criticized by the local press.

What happens in court?

The first court setting of your child is referred to as the arraignment setting. If your attorney did not make an appointment to review the District Attorney’s file prior to court, then this is an opportunity for him to do so. Your attorney may also make a written request for a copy of the police report. The District Attorney also may offer a “plea deal” on this first setting to avoid a trial, however before any possible resolution can be considered your attorney must first exhaust all possible defenses. Sullivan considers a plea deal to be the last resort.

At this setting, your attorney may also receive and review a copy of the juvenile probation report. Prior to court, a representative of the probation report will call you to ask about your child’s behavior at home and in school. The representative will also contact your child’s school to get his grades, attendance and disciplinary records. As the probation report will be relied upon by the court for case disposition purposes, it is important that the information be accurate. It is a good idea to hire an experienced juvenile lawyer right after your child is arrested so that he can advise you on these important matters in advance.

It is possible to resolve a juvenile case on the first court setting if your attorney has investigated the case, reviewed the District Attorney’s file, researched the applicable law and tested the prosecutor’s evidence in advance. This is only possible if your attorney is hired early on, signs on in court as attorney of record and then off dockets your child’s case to a later date to get more time to prepare. Sullivan frequently does this on juvenile cases so that his juvenile client and his parents do not have to needlessly miss work or school.

Sometimes, the initial court setting will result in a reset of the case to a future date for reasons beyond the defense attorney’s control. For example, in every case involving a complainant, the prosecutor is required to contact the complainant to gather information regarding any restitution amount, any injuries sustained and his feelings on punishment. It is not uncommon for a prosecutor to not be able to reach a complainant prior to court.

At James G. Sullivan and Associates, the Houston juvenile attorneys will strive to complete your child’s case with as few court settings as necessary, without compromising your child’s rights, freedom and future.

What happens if my child is found guilty?

Juveniles cannot be found “guilty” because the juvenile court is considered civil, not criminal. Instead, a juvenile could be found to have “engaged in delinquent conduct” if the jury or judge finds beyond a reasonable doubt that the juvenile committed the offense. Of course, an experienced juvenile defense attorney will work hard to avoid a finding of delinquency, preferably by persuading the prosecutor to dismiss the charge or the jury or the judge to acquit his client at trial.

If a juvenile did commit the offense, your defense attorney may be able to avoid a finding of delinquency by persuading the prosecutor or the judge to grant a deferred prosecution. This is a contract between the juvenile and the District Attorney whereby if the juvenile follows the rules of probation for six months then the District Attorney dismisses the case. The prosecutor cannot agree to a deferred prosecution for certain misdemeanor offenses and all felony offenses, however James Sullivan has been successful in persuading judges to grant deferred prosecution in many such cases anyway.

When a juvenile is found to have engaged in delinquent conduct, the court judgment following a disposition hearing can range from (1) a probation where the child is left in the custody of his parents (or guardians), (2) a probation where the child is removed from the home and placed in a local juvenile facility, or (3) the child in felony cases may be committed to the Texas Juvenile Justice Department (formerly known as the Texas Youth Commission). In serious felony cases, depending on the circumstances, the juvenile may face certification or transfer to criminal district court to stand trial as an adult.

Can my child’s juvenile records be sealed?

Depending on the circumstances, your child’s juvenile records may be sealed.

In a misdemeanor case with a finding of delinquent conduct, the juvenile must wait two years and have no other convictions or adjudications before the records can be sealed.

In a felony case, the juvenile must wait until he is at least 19 years of age and have no other convictions or adjudications before the records may be sealed. The judge has the discretion whether or not to seal the records. In cases where there was a “determinate sentence”, the records can never be sealed.

When a case results in a dismissal such as when a juvenile successfully completes a deferred prosecution, the juvenile can get his records sealed immediately. The juvenile does not have to wait two years or until age 19.

Can I post a bond to get my child out of detention?

No. Juveniles cannot be released on “bond”. They are either detained or released depending upon the circumstances of their case.

The police arrested my child for a delinquency.  What is going to happen? 

The police often take juveniles into custody. Sometimes, the child is released by the police to parents (or guardians). When this occurs, the parents can take their child home but they are told that their child is still being charged. The police then send their information to the District Attorney over the next few days or weeks. If the District Attorney accepts charges, a petition is filed with the juvenile courts. In Harris County, the case is then randomly assigned to one of the three Juvenile District Courts. A Deputy Constable usually will then come to your home and “serve” or deliver the petition to you and your child. The paperwork tell you what your child is accused or and will direct you and your child to appear at a specific court on a particular day.

At the same time, the juvenile probation department begins to gather information about your family and your child to prepare a report for the court. In addition to requesting records from your child’s school, a probation officer will contact you to gather information. Before speaking with the probation officer, it is important that you and your child talk with a juvenile defense lawyer in order to protect your child’s rights. While you want to appear cooperative with the probation department, you must also keep in mind that information provided to the probation officer will be put in the report that is given to the court and the prosecutor for consideration.

Do you have experience defending children with mental health disorders?

Yes. James Sullivan is very knowledgeable in various mental health and substance disorders and how they impact a juvenile. Behavior, mood, anxiety and substance disorders are common with children brought into the juvenile system. These children often have more than one disorder; substance abuse is the most common “co-occurence” with a mental illness.These disorders frequently put children at risk for risky behavior and delinquent acts.

Behavioral disorders are characterized by actions that harm or disturb others and that cause distress or disability. Typical behavioral disorders are ADHD (attention deficit hyperactivity disorder) and conduct disorders.

Emotional disorders occur when a child’s ability to function is impaired by depression or anxiety. The occurrence of depression is significantly higher among juvenile offenders than among other young people.

Many juvenile offenders have a history of substance abuse. Studies also have shown that up two-thirds of juveniles in the justice system with a mental health diagnosis had dual disorders, most often including substance abuse.

According to the National Mental Health Association, between 30 and 50 percent of juvenile in the justice system have disruptive behavior disorders.

Anxiety disorders and PTSD (post traumatic stress disorder) are also prevalent among juvenile offenders, especially girls. Asperger’s syndrome and higher levels of Autism spectrum disorder are less common in juvenile offenders. Psychotic disorders such as schizophrenia, however, are rare in juveniles in the justice system.

According to the CDC (Centers for Disease Control), children aged 3-17 years have:

  • ADHD (6.8%)
  • Behavioral or conduct problems (3.5%)
  • Anxiety (3.0%)
  • Depression (2.1%)
  • Autism spectrum disorders (1.1%)
  • Tourette syndrome (0.2%) (among children aged 6–17 years)

Adolescents aged 12–17 years have:

  • Illicit drug use disorder in the past year (4.7%)
  • Alcohol use disorder in the past year (4.2%)

Approximately 65 to 70 percent of the 2 million children and adolescents arrested each year in the United States have a mental health disorder. Approximately one in four suffers from a mental illness so severe that it impairs his or her ability to function as a young person and grow into a responsible adult. Without treatment, the child may continue on a path of delinquency and eventually adult crime.

Serving Texans Since 1994

Serving clients throughout southeast Texas, including Alvin, Anahuac, Angleton, Atascocita, Baytown, Bellaire, Brookshire, Bunker Hill Village, Clear Lake, Channelview, Conroe, Corpus Christi, Cypress, Deer Park, El Campo, El Lago, Friendswood, Galena Park, Galveston, Hedwig Village, Hempstead, Hilshire Village, Houston, Humble, Hunters Creek Village, Huntsville, Jacinto City, Jersey Village, Katy, Liberty, La Porte, League City, Liberty, Missouri City, Nassau Bay, Pasadena, Pearland, Piney Point Village, Richmond, Rosenberg, Seabrook, Shoreacres, South Houston, Southside Place, Spring, Spring Valley, Sugar Land, Taylor Lake Village, Texas City, Tomball, Waller, Webster, West University Place and The Woodlands, and other communities in Austin County, Brazoria County, Chambers County, Colorado County, Fort Bend County, Galveston County, Harris County, Liberty County, Montgomery County, Waller County and Wharton County.

Defending juveniles arrested in all Harris County independent school districts (ISDs) including Aldine, Alief, Channelview, Clear Creek, Crosby, Cypress-Fairbanks (Cy-Fair), Deer Park, Galena Park, Goose Creek, Houston, Huffman, Humble, Katy, Klein, LaPorte, North Forest, Pasadena, Sheldon, Spring, Spring Branch, Tomball and Waller.

Contact James Sullivan to consult with an experienced Houston Juvenile Lawyer at (281) 546-6428.

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Fort Bend County Criminal Lawyers http://www.houstoncriminaltriallawyer.net/fort-bend-county-criminal-lawyers/ Sat, 21 Mar 2015 02:58:26 +0000 http://www.houstoncriminaltriallawyer.net/?p=8577 IMG_2934BRichmond, Texas Criminal Trial Lawyers Fighting for Your Rights, Freedom and Future

James (Jim) Sullivan is an experienced Fort Bend 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.

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 Lawyers

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 proven results. Since 1994, Sullivan has defended more than 3,000 people charged in Texas county and district courts with every kind of criminal and juvenile case, including theft, assault, family violence, drug crimes, sex crimes, robbery and murder. Sullivan, however, does not represent clients charged in municipal or justice of the peace courts.

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. Sullivan charges separate fees on trial and non-trial cases, however he is not a pro bono attorney.

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 over an hour. He listens to their concerns, answers all of their questions and discusses legal strategies on how to get the best result. Because he understands that people need to honor work and family commitments, Sullivan offers afternoon, early evening and same day appointments along with free parking.

ReputationAVVO logo

James Sullivan has a good reputation in the legal community. Sullivan is humbled by the 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 Sullivan to represent them.

I cannot thank you enough for your help with my case in Montgomery county. It was a very serious accusation against me. My teenage nephew falsely accused me of molesting him. You took our initial call on a weekend and assured us then that everything would turn out fine. You explained that it was very important for a good attorney to get involved before indictment because you believed a good defense attorney could get the case no billed (dismissed) by the grand jury. And, that’s exactly what you did. You are very talented and professional at what you do. I cannot thank you enough for standing beside me, believing in me and and most importantly, your confidence. You are truly a super lawyer. ~K.M., Dallas (AVVO review)

The law practice of James Sullivan is devoted solely to criminal and juvenile defense. Sullivan has tried many cases in Harris and surrounding counties. About 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 James Sullivan to discuss your case.

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 today.

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. Incredibly, Sullivan has worked to get 32 felony cases dismissed by the grand jury just since November 2008.

Board Certified in Juvenile Law

Houston 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 James 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 his number in my phone and will call him immediately if the need arises. ~Concerned Mom

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. 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

Aggravated Assault, Aggravated Robbery, Arson, Assault, Assault by Impeding Breathing, Assault with a Deadly Weapon, Auto Theft, Burglary of a Habitation, Child Abuse, Child Porn Possession, Computer Crime, Credit Card Abuse, Cruelty to Animals, Domestic Violence, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Employee Theft / Embezzlement, Evading, Felony, Fraud, Grand Jury, Indecency with a Child, Insurance Fraud, Harassment, Homicide, Identity Theft, Insurance Fraud, 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 Crimes.

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Houston Prostitution Lawyer | Harris County Solicitation of Prostitution Attorney James Sullivan http://www.houstoncriminaltriallawyer.net/houston-prostitution-lawyer-harris-county-solicitation-of-prostitution-attorney-james-sullivan/ Sat, 03 May 2014 21:58:48 +0000 http://www.houstoncriminaltriallawyer.net/?p=8443 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.

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 Possession of Child Pornography Attorneys | Harris County Sex Crimes Lawyers http://www.houstoncriminaltriallawyer.net/houston-possession-of-child-pornography-attorneys-harris-county-sex-crimes-lawyers/ Tue, 25 Feb 2014 00:22:27 +0000 http://www.houstoncriminaltriallawyer.net/?p=8439 Houston Possession of 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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Aggravated Robbery, Theft from a Person | Houston Robbery Defense Lawyer James Sullivan http://www.houstoncriminaltriallawyer.net/aggravated-robbery-theft-from-a-person-houston-robbery-defense-lawyer-james-sullivan/ Tue, 22 Oct 2013 02:23:25 +0000 http://www.houstoncriminaltriallawyer.net/?p=8431 Aggravated Robbery, Theft from Person Case Results | Criminal and Juvenile Court

CRIMINAL OFFENSE

ACTUAL RESULTS

CT #

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)

31532315th

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 # 1306891

339th

Theft from a Person (State Jail Felony)

REDUCED TO MISDEMEANOR THEFT and granted 2 years DADJ – Case # 1317454

337th

Motion to Adjudicate Guilt (Robbery) (2° Felony)

MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION – Case # 1284911

337th

Motion to Adjudicate Guilt (Aggravated Robbery) (1° Felony)

MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION – Case # 1287859

337th

Robbery (2° Felony)

REDUCED TO MISDEMEANOR ASSAULT

313th

Robbery (2° Felony)

CASE DISMISSED Case # 1260791

232nd

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 # 1205480

177th

Robbery (2° Felony)

CASE REDUCED TO MISDEMEANOR THEFT – Case # 1194487

179th

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

Houston Criminal Attorney James Sullivan has represented more than 3,000 clients in criminal and juvenile courts in Harris and surrounding counties since 1994.  All of the robbery related cases except one in the graph above were defended in criminal and juvenile court since January 2008.  A graph covering the cases represented over the past 19 years would be much lengthier.

TBLS-Logo-tag-RAttorney James Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization.  Sullivan is one of only 38 such certified lawyers in private practice in Texas.

__________________________________________________________________________

Facing Robbery or Theft from a Person Charges?

Contact James Sullivan, a Houston Criminal Lawyer, at (281) 546-6428 for a free consultation

___________________________________________________________________________

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Aggravated Assault | Houston Assault Defense Attorney James Sullivan http://www.houstoncriminaltriallawyer.net/aggravated-assault-houston-assault-defense-attorney-james-sullivan/ Tue, 22 Oct 2013 01:22:51 +0000 http://www.houstoncriminaltriallawyer.net/?p=8426 Aggravated Assault Case Results | Criminal and Juvenile

TEXAS CRIMINAL OFFENSE

ACTUAL RESULTS

CT #

Aggravated Assault (2° felony)

CASE DISMISSED (Client ran over drug dealer to save friend’s life.  The complainant suffered a broken hip. The case was re-filed as a Failure to Stop and Render Aid and then the new case was also later dismissed)

315th

Aggravated Assault Family Violence (2° felony)

CASE DISMISSED (Client was accused threatening her mother with a steak knife)

315th

Aggravated Assault Family Violence (2° felony)

CASE DISMISSED BY GRAND JURY (Client was accused of intentionally trying to drive into and strike his girlfriend) – Case # 1341002

183rd

Aggravated Assault (2° felony)

CASE DISMISSED (Client was accused of threatening to stab classmate in the neck with a pair of sharp scissors)

314th

Aggravated Assault (2° felony)

REDUCED TO MISDEMEANOR ASSAULT – Case # 1317892

232nd

Aggravated Assault Family Violence (2° felony)

REDUCED TO MISDEMEANOR  ASSAULT

314th

Aggravated Assault (1° Felony enhanced based on prior penitentiary trips) (2 cases)

CLIENT SENTENCED TO 5 YEARS TDC ON JURY TRIAL SETTING AFTER FACING 5 YEARS TO LIFE IN PRISON (State’s best  offer was 10 years prior to trial) Cases # 1281492 and

1281493

174th

Aggravated Assault Family Violence (2° felony)

CLIENT RECEIVED DEFERRED ADJUDICATION PROBATION AFTER SENTENCING HEARING (Client with mental illness stabbed his girlfriend in the arm and upper back.  State only offered prison time) – Case # 1287564

174th

Aggravated Assault Family Violence (2° felony)

CASE DISMISSED BY GRAND JURY(Client accused of intentionally driving into and hitting the new girlfriend of her ex-boyfriend) – Case # 1302447

232nd

Aggravated Assault (2° felony)

REDUCED TO MISDEMEANOR ASSAULT – Case # 1303747

232nd

Aggravated Assault (2° felony)

CASE DISMISSED BY GRAND JURY (Client accused of hitting man in head with beer bottle outside a bar;  client claimed self-defense) – Case # 1302814

232nd

Aggravated Assault (2° felony)

CASE REDUCED TO MISDEMEANOR ASSAULT AFTER IT WAS SET FOR JURY TRIAL – Case # 1265758

178th

Aggravated Assault Against a Public Servant (1° Felony)

CASE DISMISSED BY GRAND JURY (Police Officer shot at 4 unarmed teenagers in a truck and claimed that client pointed a gun at him) – Case # 1291937

263rd 

Aggravated Assault (2° felony)

NOT GUILTY VERDICT BY JURY (Client believed he was about to be robbed by 2 men outside a bar; client claimed self-defense) – Case Expunged

232nd

Aggravated Assault (2° felony)

REDUCED TO MISDEMEANOR DEADLY CONDUCT – Case # 1290201

338th

Aggravated Assault (Felony Habitual)

CASE DISMISSED AFTER CLIENT FACED 25 YEARS TO LIFE IN PRISON – Case # 1239044

338th

Aggravated Assault (2° felony)

REDUCED TO MISDEMEANOR DEADLY CONDUCT– Case # 1285161

174th

Motion to Adjudicate Guilt (Aggravated Assault)(2° Felony)

MOTION TO ADJUDICATE DISMISSED AND  CLIENT RE-INSTATED ON PROBATION– Case # 1260519

174th

Aggravated Assault (2° felony)

CASE DISMISSED BY GRAND JURY (Client accused of hitting other woman in head with metal pole) – Case #  1281977

174th

Aggravated Assault (2° felony)

REDUCED TO MISDEMEANOR DEADLY CONDUCT– Case #  1290201

338th

Aggravated Assault (2° felony)

CASE DISMISSED BY GRAND JURY– Case #  1290201

180th

Aggravated Assault (2° felony)

REDUCED TO MISDEMEANOR ASSAULT– Case #  1280607

178th

Aggravated Assault (2° felony)

CASE DISMISSED BY GRAND JURY– Case #  1270564

176th

Aggravated Assault (2° felony)

CASE REDUCED TO MISDEMEANOR TERRORISTIC THREAT

315th

Aggravated Assault (2° felony)

CASE REDUCED TO MISDEMEANOR DEADLY CONDUCT ON DAY OF JURY TRIAL – Case #  1226099

179th

Aggravated Assault Family Violence (2° felony)

CASE REDUCED TO MISDEMEANOR ASSAULT

315th

Aggravated Assault (2° felony)

CASE REDUCED TO MISDEMEANOR DEADLY CONDUCT – Case #  1221493

339th

Aggravated Assault Family Violence (2° felony)

CASE REDUCED TO MISDEMEANOR ASSAULT – Case #  1194679

179th

Aggravated Assault (2° felony)

CASE DISMISSED

315th

Aggravated Assault Family Violence (2° felony)

CASE REDUCED TO MISDEMEANOR DEADLY CONDUCT – Case #  1222418

339th

Aggravated Assault (2° felony)

CASE DISMISSED BY GRAND JURY– Case #  1203539

337th

Aggravated Assault Family Violence (2° felony)

CASE REDUCED TO MISDEMEANOR ASSAULT – Case #  1203539

232nd

Assault Against a Public Servant (3° felony)

CASE REDUCED TO MISDEMEANOR ATTEMPTED ASSAULT AGAINST PUBLIC SERVANT – Case #  1182184

179th

Aggravated Assault (2° felony)

CASE REDUCED TO MISDEMEANOR ASSAULT – Case #  1173402

337th

Harris County Criminal Lawyer James Sullivan has represented more than 3,000 clients in criminal and juvenile courts in Harris and surrounding counties since 1994.  All of the aggravated assault cases in the graph above were defended in criminal and juvenile courts since January 2008.  A graph covering the cases represented over the past 19 years would be much lengthier.

Note: When a Grand Jury dismisses a felony complaint (by way of no bill), it means that the grand jury did not find probable cause and the accused can seek an expunction of the criminal record.  All felony cases dismissed by the grand jury were no billed after the grand jury reviewed an extensive defense packet prepared by Attorney James Sullivan.

Attorney James Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization.  Sullivan is one of only 38 such certified lawyers in private practice in Texas.

__________________________________________________________________________

Facing Aggravated Assault Charges?

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

___________________________________________________________________________

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Houston Assault with a Deadly Weapon Lawyer | Harris County Violent Crime Defense Attorney James Sullivan http://www.houstoncriminaltriallawyer.net/houston-assault-with-a-deadly-weapon-lawyer-harris-county-violent-crime-defense-attorney-james-sullivan/ Sat, 19 Oct 2013 04:02:16 +0000 http://www.houstoncriminaltriallawyer.net/?p=8419 Assault with a Deadly Weapon

Assault with a deadly weapon is a serious felony offense in Houston.   A conviction for assault with a deadly weapon can result in severe penalties, including lengthy jail or prison time and a large fine.  Such a conviction can also adversely impact your future, such as by removing many educational, employment, housing and public assistance opportunities.

It is important to hire an experienced Houston criminal defense lawyer because criminal charges for assault with a deadly weapon 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 to the felony assault 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 with a deadly weapon 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 about your allegations of assault with a deadly weapon.  Attorney James (Jim) Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.

Assault with a Deadly Weapon in Houston

According to section 22.02 of the Texas Penal Code, an individual can be charged with assault with a deadly weapon if they use or exhibit a deadly weapon during the commission of an assault offense.  In Texas, assault with a deadly weapon is also known as an aggravated assault.

As defined in Tex. Penal Code § 22.01, 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 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 Assault with a Deadly Weapon in Houston

Chapter 12 of the Texas Penal Code lists the felony punishment for assault with a deadly weapon in Houston.  Assault with a deadly weapon is usually charged as aggravated assault, 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, assault with a deadly weapon 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 assault with a deadly weapon 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 Assault with a Deadly Weapon in Houston

Occasionally, and in certain circumstances, there may be legal defenses available to assault with a deadly weapon charges.  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 assault with a deadly weapon 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 assault with a deadly weapon charges against you.

Grand Jury Defense for Assault with a Deadly Weapon Charges

If you are accused of assault with a deadly weapon, 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 over 20 felony cases at the grand jury level 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 | Houston Assault with a Deadly Weapon Attorney

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

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Assault of a Family Member by Impeding Breathing http://www.houstoncriminaltriallawyer.net/houston-assault-family-member-by-impeding-breathing-harris-county-criminal-lawyer-james-sullivan/ Sat, 19 Oct 2013 03:49:21 +0000 http://www.houstoncriminaltriallawyer.net/?p=8415 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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Houston Aggravated Assault Lawyer | Harris County Violent Crime Attorney James Sullivan http://www.houstoncriminaltriallawyer.net/houston-aggravated-assault-lawyer-harris-county-violent-crime-attorney-james-sullivan/ Sat, 19 Oct 2013 03:36:41 +0000 http://www.houstoncriminaltriallawyer.net/?p=8413 Aggravated Assault

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 over 20 years of legal practice, including over 40 felony cases just since November 2008.  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.

One of his many client reviews on AVVO:

An AMAZING lawyer

I must say Mr Sullivan is a man of his word. I have a pretty long record so when I had got arrested for Aggravated assault on a family member for my 3rd time, I seriously believed that there was NO hope, but I was wrong. Mr sullivan made sure to make my case a top priority and reassured me that everything would be just fine when I had my doubts, due to my past convictions. My ex girlfriend tried to assault me with a broken wine bottle when i kept telling her i no longer wanted to be with her but when I kept attempting to keep the glass from cutting either one if us, she accidently got hurt in the process. I helped her clean her wound but I asked her to leave as I felt that night had already brought too much drama, and she was highly intoxicated and persistent about gettin aggressive if I didn’t take her back. A month later a warrant was issued for my arrest and I got picked up by the police at my home one morning. I’m forever grateful that I found out about the warrant right before I got arrested because I read about Mr. Sullivan on Google and I decided that he was the man that I wanted to handle my case. My punishment ranges from 2-20 years and I knew for sure with my long record and the seriousness of that crime that the d.a wouldn’t offer me the minimum. Mr sullivan was very down to earth and really cared about gettin this case dismissed for me so that I could get back in school and continue my life as a productive member of society. Several weeks passed because the prosecutor kept delaying the process, and I started to get a bit discouraged but Mr. Sullivan’s confidence and reassurance about my case and all of the evidence he gathered for me helped me so much. Sure enough everything he told me that he would do, he did. He got my case dismissed and I’m back in school just like he said to me. Thank you so much Mr. Sullivan, youre truly a blessing and I don’t know what I would’ve done without you 🙂

–Posted by Andrea on November 8, 2015

James G. Sullivan and Associates | Houston Aggravated Assault Attorney

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

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

CaseFactsResult
Aggravated AssaultClient believed he was about to be robbed by 2 men outside a bar; client claimed self-defense.Not guilty
Aggravated AssaultClient, 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.No billed
Aggravated Assault in Montgomery CountyClient shot and seriously wounded a violent felon who was trying to steal his car at nighttime.No billed
Aggravated Assault Family ViolenceClient accused of threatening his girlfriend with a knife and inflicting a serious wound on the back of her head.No billed
Aggravated Assault Family ViolenceClient accused of throwing a 12 lb glass trophy at his father and hitting him in the back.No billed
Aggravated Assault Family Violence (Felony Habitual)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.No billed
Aggravated AssaultJuvenile client accused of attacking an older boy with a handmade weapon after the older boy came over to his house to kill him.Dismissed on trial date
Aggravated Assault Family ViolenceClient 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.No billed
Aggravated Assault Family MemberClient shot his brother in the side after his brother stabbed him in the arm. The client's brother was high on synthetic marihuana.No billed
Aggravated AssaultClient accused of shooting another guy's motorcycle twice while the guy was on it after the guy had broken the client's custom table.No billed
Aggravated AssaultJuvenile client ran over drug dealer to save friend's life. The complainant suffered a broken hip. The case was re-filed as a Failure to Stop and Render Aid and then the new case was also later dismissed.Dismissed
Aggravated Assault Family ViolenceJuvenile client was accused of threatening her mother with a steak knife.Dismissed
Aggravated Assault Family ViolenceClient accused of intentionally trying to drive into and strike his girlfriend.No billed
Aggravated AssaultJuvenile client was accused of threatening to stab classmate in the neck with a pair of sharp scissors.Dismissed
Aggravated Assault Family ViolenceClient with mental illness stabbed his girlfriend in the arm and upper back. State only offered prison time.Deferred Adjudication after PSI hearing
Aggravated Assault Family ViolenceClient accused of intentionally driving into and hitting the new girlfriend of her ex-boyfriend.No billed
Aggravated AssaultClient accused of hitting man in head with beer bottle outside a bar; client claimed self-defense.No billed
Aggravated Assault Against a Public ServantPolice Officer shot at 4 unarmed teenagers in a truck and claimed that client pointed a gun at him. State only offered prison time.No billed
Aggravated AssaultClient accused of hitting other woman in head with metal pole.No billed
Aggravated AssaultClient allegedly brandished a knift and threatened another guy who had stolen his property.No billed
Aggravated AssaultJuvenile client accused of threatening several other juveniles with a baseball bat.Dismissed on trial date
Aggravated Assault in Montgomery CountyClient accused of pistol whipping 4 teenagers that endangered him and his family by egging the front windshield of his car early in the morning and causing him to run off the road, causing over $4,000 in damages to his car. Case reduced after case was set for trial.Reduced to misdemeanor unlawful restraint with deferred
Aggravated Assault in Galveston CountyClient was accused of threatening a woman with a firearm. Case reduced to misdemeanor after it was set for trial.Reduced to misdemeanor assault
Aggravated Assault in Brazoria CountyAt age 16, Juvenile client got into a fight with an 18 year old drug dealer that resulted in the dealer requiring brain surgery. The State only offered 5 years determinate probation or to certify him as an adult with deferred adjudication. Sullivan insisted on a jury trial or a regular probation that could be sealed at age 19. The State finally backed down and agreed to 9 months probation.Juvenile probation instead of certification as adult

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Family Violence | Montgomery County Criminal Lawyer James Sullivan Fights Cases at Trial http://www.houstoncriminaltriallawyer.net/family-violence-lawyer-montgomery-county-criminal-lawyer-james-sullivan-fights-cases-trial/ Mon, 23 Sep 2013 23:22:42 +0000 http://www.houstoncriminaltriallawyer.net/?p=8390 Montgomery County Texas Domestic Assault Defense Lawyers

Misdemeanor Domestic Assault Cases are Prosecuted Quickly in Montgomery County

Since the fall 2011, the Montgomery County District Attorney’s office prosecutes misdemeanor domestic assault cases on a dedicated domestic violence docket in County Court-at-Law No. 2.  Cases are fast-tracked in this court and initial bonds are set high (e.g. $20,000).  Local attorneys refer to it as the “rocket docket” because cases are moved extremely fast.  Many criminal lawyers avoid taking cases in this court for that very reason.  Accused usually have their first court setting (arraignment) within two weeks of their arrest.  The case is then reset two weeks later for a pretrial hearing.  At that setting, if the case is not worked out in a plea, then it is set for trial two weeks later.  In other words, from the date of arrest to the date of trial is usually only 6 short weeks.  If the case is not resolved at the pretrial setting and is set for trial, then the court no longer accepts a plea bargain.

As a result of the high bonds and limited time to hire an attorney for trial, fewer defendants can afford to retain experienced defense trial attorneys and either represent themselves to their peril or rely on court-appointed counsel.  Prior to the creation of this rocket docket for misdemeanor family violence cases, the county wide conviction rate for these cases was about 50%, but now the conviction rate has grown to 85%.

Attorney James Sullivan defends clients accused of assault family violence in Montgomery and the surrounding counties with a simple philosophy that applies to all criminal cases.  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, James Sullivan does not try to convince an innocent person to plead guilty.  Instead, James Sullivan fights for his clients’ rights, freedom and future at trial.

The Consequences for Assault Family Violence

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

  • misdemeanor, or
  • 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.  Note: an inexperienced criminal defense attorney may be able to win the case at the grand jury level, but it is important to retain the attorney right away or the opportunity may be lost.  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 Conroe Criminal Lawyers James Sullivan & Associates at (281) 546-6428

Defending a Montgomery 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 an experienced criminal defense lawyers.

The Montgomery County Criminal Lawyers at James Sullivan and 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 Montgomery County 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.

IMG_2934BMontgomery County Criminal Lawyers Fighting for Your Rights, Freedom and Future

Contact a Conroe Assault Family Violence Lawyer

The best way to resolve the case is by first talking with a Montgomery County Family Violence Lawyer.  Conroe 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 Sullivan & Associates | Conroe Texas Domestic Assault Attorney

Contact James Sullivan and Associates for a free confidential consultation at (281) 546-6428 about your allegations of assault family violence in the areas of Montgomery County (Conroe), Harris County (Houston), 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 family crimes lawyer who will work hard to get you the best result for your particular situation.

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Online Solicitation of a Minor | Houston Criminal Lawyer http://www.houstoncriminaltriallawyer.net/online-solicitation-of-a-minor-houston-criminal-lawyer/ Fri, 06 Sep 2013 03:26:20 +0000 http://www.houstoncriminaltriallawyer.net/?p=8377 HOUSTON CRIMINAL ONLINE SOLICITATION OF A MINOR DEFENSE ATTORNEYS

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

Did you know that if your 17-year-old son received a nude photo of his 15-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.

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

Houston 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 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 involves sending sexually explicit messages to a minor through 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 or thought the person on the other end was of age and later found out that person was a minor, 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 17 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 many clients accused of serious felony cases, including sex offenses.

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, contact James Sullivan at (281) 546-6428.

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Houston Criminal Lawyer for Auto Theft Defense http://www.houstoncriminaltriallawyer.net/houston-criminal-lawyer-for-auto-theft-defense/ Wed, 04 Sep 2013 23:35:32 +0000 http://www.houstoncriminaltriallawyer.net/?p=8369 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.

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 $1,500, 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 $1,500 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 $50 or more but less than $500 (class B misdemeanor)
  • The value is $500 or more but less than $1,500 (class A misdemeanor)
  • The value is $1,500 or more but less than $20,000 (State Jail Felony)
  • The value is $20,000 or more but less than $100,000 (3rd Degree Felony)
  • The loss is $100,000 or more but less than $200,000 (2nd Degree Felony)
  • The loss is $200,000 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 have been charged in Harris County with a misdemeanor or felony theft crime, contact 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 Houston Criminal Lawyers 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 Aggravated Robbery Lawyer James Sullivan http://www.houstoncriminaltriallawyer.net/houston-aggravated-robbery-lawyer-james-sullivan/ Wed, 28 Aug 2013 02:36:49 +0000 http://www.houstoncriminaltriallawyer.net/?p=8362

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.

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 Shoplifting Lawyer James Sullivan Fights for his Clients http://www.houstoncriminaltriallawyer.net/houston-shoplifting-lawyer-james-sullivan/ Wed, 28 Aug 2013 01:22:21 +0000 http://www.houstoncriminaltriallawyer.net/?p=8351 Houston Shoplifting Attorney

Harris County Shoplifting Lawyer

 Shoplifting 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 Theft Crime Lawyer James Sullivan http://www.houstoncriminaltriallawyer.net/houston-theft-crime-lawyer-james-sullivan/ Wed, 28 Aug 2013 00:23:55 +0000 http://www.houstoncriminaltriallawyer.net/?p=8340 Harris County Theft Crime Attorneys

Houston Theft Crime Lawyers James Sullivan and Associates represents clients on misdemeanor and felony theft offenses in Houston and the surrounding counties.  Theft of any amount is a very serious crime.  It is a crime of moral turpitude (dishonesty) and a conviction for theft can adversely affect you for the rest of your life.  You really cannot afford a conviction for theft on your record.  Each year, hundreds of people contact Attorney James Sullivan in order to get their theft convictions expunged from their record because they cannot get a job but unfortunately a theft conviction cannot be expunged or sealed (non-disclosed).  Young adults especially may not know about or consider the far-reaching effects of having a theft conviction on their record.  Attorney James Sullivan can discuss with you the possible options in order to later get your theft case record sealed or expunged.

What is Theft?

A person commits theft if he unlawfully takes another person’s property without their consent and with the intent to deprive the owner of the property [Texas Penal Code Sec. 31.03].  Obviously, if he did not intend to take the other person’s property, then it is not theft.  For example, in an alleged shoplifting case, if you place a case of beer on the rack under your shopping cart, forget about it and then walk out of the grocery store without paying for it, you should not be held responsible.  Or, if your child puts an item in your shopping bag without your knowledge and you leave the store without paying for it, you should not be convicted of theft.

What Could Happen if I Get Caught Stealing?

If you have been charged with shoplifting or any other theft related crime, you need a Houston theft crime attorney to represent you.  You may face serious consequences if you have been arrested for theft in the Greater Houston area.  Your penalties will vary depending on the value of what you allegedly stole and other factors.  Theft crimes include shoplifting, hot checks, fraud, embezzlement and identity theft.  Theft crime can range from class C misdemeanor (such as a traffic violation level offense) to a first degree felony.  Burglary of a motor vehicle is a class A misdemeanor.  Auto theft is usually charged as a felony offense unless the value of the motor vehicle stolen is less than $1,500.  Other felony theft related crimes include credit card abuse (state jail felony), burglary of a building (state jail felony) and burglary of a habitation (2nd degree felony).

Houston Criminal Trial Lawyers

Houston theft crime lawyer James Sullivan will discuss with you the seriousness of your charge and the various effective defense strategies that are best suited for your particular case.  Before you make your plea in court, it is important that you consult a theft crimes defense lawyer in Houston, Texas.   A Houston criminal trial lawyer may be able to win your case at trial or persuade the prosecutor to dismiss the charges.   Other possible outcomes include deferred adjudication or pretrial intervention.

Contact Houston Criminal Trial Lawyers James Sullivan and Associates at (281) 546-6428 for a free confidential consultation and case evaluation.

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Houston Misdemeanor Lawyer James Sullivan http://www.houstoncriminaltriallawyer.net/houston-misdemeanor-lawyer-james-sullivan/ Tue, 27 Aug 2013 17:03:24 +0000 http://www.houstoncriminaltriallawyer.net/?p=8334 Houston Misdemeanor Defense Attorneys

Harris County Misdemeanor Lawyers

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:

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 & 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 Juvenile Lawyer James Sullivan Explains Juvenile Law http://www.houstoncriminaltriallawyer.net/houston-juvenile-lawyer-james-sullivan-explains-juvenile-law/ Tue, 27 Aug 2013 16:20:06 +0000 http://www.houstoncriminaltriallawyer.net/?p=8330 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.

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.

Harris 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. 

Contact Harris County Juvenile Lawyer James Sullivan

Harris County Juvenile Attorney 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 Felony Defense Lawyer James Sullivan http://www.houstoncriminaltriallawyer.net/houston-felony-defense-lawyer-james-sullivan/ Tue, 27 Aug 2013 15:02:05 +0000 http://www.houstoncriminaltriallawyer.net/?p=8323

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 of a child, 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.

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

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.

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 with proven results, Attorney James Sullivan 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 Employee Theft Embezzlement Defense http://www.houstoncriminaltriallawyer.net/houston-criminal-lawyer-for-employee-theft-embezzlement-defense/ Tue, 27 Aug 2013 14:23:43 +0000 http://www.houstoncriminaltriallawyer.net/?p=8318 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.

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 Attorney for Burglary of a Habitation http://www.houstoncriminaltriallawyer.net/houston-criminal-attorney-for-burglary-of-a-habitation/ Tue, 27 Aug 2013 13:47:05 +0000 http://www.houstoncriminaltriallawyer.net/?p=8312 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.

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

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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Montgomery County Criminal Lawyers http://www.houstoncriminaltriallawyer.net/conroe-criminal-defense-attorney-montgomery-county-texas-criminal-lawyer/ Wed, 17 Jul 2013 03:29:20 +0000 http://www.houstoncriminaltriallawyer.net/?p=8306 IMG_2934BMontgomery County Texas Criminal Trial Lawyers Fighting for Your Rights, Freedom and Future

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

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.

Need a Conroe Criminal Lawyer? Call James Sullivan & Associates at (281) 546-6428 for a free confidential consultation

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, James 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.

Results Matter

Conroe Criminal Defense Attorney James Sullivan gets results.  Over the past 19 years, James 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

Montgomery County Criminal Lawyer 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, James Sullivan does not try to convince an innocent person to plead guilty.  Instead, James Sullivan fights for his clients’ freedom and reputation.

Affordable Legal Services

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

Cares About His Clients

Conroe Criminal Defense Attorney 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 James Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

ReputationAVVO logo

Conroe Criminal Defense Lawyer James Sullivan has a good reputation in the legal community.  James 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.  James Sullivan has tried many cases in the 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 Montgomery County 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 James Sullivan’s clients have been able to do this within a few months of being arrested.

Board Certified in Juvenile Law

Conroe 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.

I recently called Jim Sullivan when our young adult son had been arrested, in hopes of consulting with an attorney who would give us sound legal opinion from a Catholic Christian perspective. Mr. Sullivan spent time with me and explained the legalities of our son’s situation, even looking up court documents and contact information on our son’s court appointed lawyer.
It became clear, in speaking to Mr. Sullivan that practicing law is not just his career, it is his vocation. In particular, I understood that Jim Sullivan is driven to help troubled adolescents avoid entanglements with the legal system that can eventually have enduring consequences.
I believe Mr. Sullivan to be a conscientious, principled and trustworthy attorney.

~A concerned Cypress Mom (Avvo 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.

As a family law attorney, Nancy Botts has good results in child custody and divorce cases. She also has a strong commitment to offering each client the best possible representation.

Need a Montgomery County Criminal Lawyer? Call James Sullivan & Associates at (281) 546-6428 for a free confidential consultation.

AREAS OF PRACTICE

Aggravated Assault, Aggravated Robbery, Arson, Assault, Assault by Impeding Breathing, Assault with a Deadly Weapon, Auto Theft, Burglary of a Habitation, Child Abuse, Child Porn Possession, Computer Crime, Credit Card Abuse, Cruelty to Animals, Domestic Violence, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Employee Theft / Embezzlement, Evading, Felony, Fraud, Grand Jury, Indecency with a Child, Insurance Fraud, Harassment, Homicide, Identity Theft, Insurance Fraud, 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 Crimes.

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Arrested for Sexual Assault of a Child? Call Houston Criminal Defense Lawyer James Sullivan http://www.houstoncriminaltriallawyer.net/arrested-sexual-assault-child-houston-criminal-defense-lawyer-james-sullivan/ Fri, 05 Jul 2013 17:30:20 +0000 http://www.houstoncriminaltriallawyer.net/?p=8300 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?  Call 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.

James Sullivan and Associates are Houston Criminal Defense and Houston Juvenile Defense Attorneys with over 40 combined years of defense experience.  Call 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 Houston sexual assault 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 Domestic Violence Defense Attorney James Sullivan Gets Proven Results http://www.houstoncriminaltriallawyer.net/houston-domestic-violence-defense-attorney-james-sullivan-gets-proven-results/ Tue, 02 Jul 2013 02:32:10 +0000 http://www.houstoncriminaltriallawyer.net/?p=8294 Assault Domestic 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 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 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? Call 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.
Call a Houston Assault Family Violence Lawyer
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.  His legal fees are affordable, reasonable and fair.
Call James Sullivan right now at (281) 546-6428.
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Child Abuse http://www.houstoncriminaltriallawyer.net/child-abuse/ Wed, 15 May 2013 14:40:27 +0000 http://www.houstoncriminaltriallawyer.net/?p=8275 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 throughout 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 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

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 Houston family crimes lawyer who will work hard to get you the best result for your particular situation.

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Grand Jury http://www.houstoncriminaltriallawyer.net/grand-jury-2/ Tue, 30 Apr 2013 03:41:08 +0000 http://www.houstoncriminaltriallawyer.net/?p=8271 Grand Jury Dismissals of Felony Cases

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 23 of those felony cases that were no billed since November 2008.

DATE

CASE #

CT #

TEXAS CRIMINAL OFFENSE

ACTUAL RESULT

 

 

 

 

ALL CASES NO BILLED BY GRAND JURY WERE BASED ON DEFENSE PACKETS

04/15/13

CASE NOT YET FILED

INJURY TO A CHILD (3° Felony) IN MATAGORDA COUNTY

NO BILLED BY GRAND JURY (Client accused of causing bodily injury to 10 year old son by striking him on his side)

11/06/12

CASE NOT YET FILED

INDECENCY WITH A CHILD (2° Felony) IN MONTGOMERY COUNTY

NO BILLED BY GRAND JURY (Client accused of sexually abusing his 16 year old nephew)

09/21/12

1356656

180TH

ASSAULT FAMILY  MEMBER/IMPEDING BREATHING (3° Felony)

NO BILLED BY GRAND JURY (Client accused of choking his girlfriend during an argument)

08/17/12

1340646

184TH  

INJURY TO A CHILD (1° Felony)

NO 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)

05/30/12

1336650

351ST

ASSAULT FAMILY  MEMBER/IMPEDING BREATHING (3° Felony)

NO BILLED BY GRAND JURY (Client accused of choking his wife during an argument)

05/25/12

1341002

183RD

AGGRAVATED ASSAULT FAMILY MEMBER (2° Felony)

NO BILLED BY GRAND JURY (Client accused of intentionally trying to drive into and strike her girlfriend)

05/18/12

1338389

339TH

EVADING BY MOTOR VEHICLE (3° Felony)

NO 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)

04/19/12

1332791

185TH

SEXUAL ASSAULT OF A CHILD (2° Felony)

NO BILLED BY GRAND JURY (Client accused of having sex with 16 year old girl who falsely claimed she was 18)

12/07/11

1321679

184TH

BURGLARY OF A HABITATION (2° Felony)

NO 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)

07/15/11

1302447

232ND

AGGRAVATED ASSAULT (2° Felony)

NO BILLED BY GRAND JURY (Client accused of intentionally driving into and striking the new girlfriend of her ex-boyfriend)

05/27/11

1302814

232ND

AGGRAVATED ASSAULT (2° Felony)

NO BILLED BY GRAND JURY (Client accused of hitting man in head with beer bottle outside a bar;  client claimed self-defense)

05/20/11

1291937

263RD

AGGRAVATED ASSAULT AGAINST PUBLIC SERVANT (1° Felony)

NO BILLED BY GRAND JURY (Police Officer shot at 4 unarmed teenagers in a truck and claimed that client pointed a gun at him)

01/06/11

1281977

174TH

AGGRAVATED ASSAULT (2° Felony)

NO BILLED BY GRAND JURY (Client accused of hitting other woman in head with metal pole)

01/05/11

1281428

174TH

ASSAULT FAMILY VIOLENCE 2nd 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)

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)

10/21/10

1275771

180TH

AGGRAVATED ASSAULT (2° Felony)

NO BILLED BY GRAND JURY (Client accused of injuring another man, using knuckles)

09/23/10

1270564

176TH

AGGRAVATED ASSAULT (2° Felony)

NO 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)

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)

04/08/10

1252585

262ND

FORGERY OF A FINANCIAL INSTRUMENT (3° FELONY)

NO BILLED BY GRAND JURY (Client accused of knowingly passing a counterfeit $100 bill at store)

02/24/10

1241754

177TH

AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)

NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law)

02/24/10

1241755

177TH

AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)

NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law)

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)

05/20/09

1203539

337TH

AGGRAVATED ASSAULT (2° Felony)

NO BILLED BY GRAND JURY

11/13/08

1182231

179TH

BURGLARY OF A HABITATION WITH INTENT TO COMMIT ASSAULT (1° Felony)

NO BILLED BY GRAND JURY (Client was accused of breaking into an apartment and attacking the occupants after a drug deal went bad)

Attorney James Sullivan is an experienced Houston Criminal Defense Attorney serving Greater Houston and Texas since 1994.  James Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization.  You can call James Sullivan and Associates at (281) 546-6428 to discuss your case.

 

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Montgomery County Texas Criminal Lawyer | Conroe Juvenile Defense Attorney http://www.houstoncriminaltriallawyer.net/montgomery-county-texas-criminal-lawyer-conroe-juvenile-defense-attorney/ Thu, 25 Apr 2013 19:32:37 +0000 http://www.houstoncriminaltriallawyer.net/?p=8263 Montgomery County Texas Criminal and Juvenile Defense
 
Conroe Juvenile Law Attorney James (Jim) Sullivan is an experienced defense lawyer. 
 
As a Montgomery County Criminal Lawyer, Jim Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts since 1994.
Jim 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.
Need a Defense Lawyer? Call James Sullivan & Associates at (281) 546-6428.

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 (see Case 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 (see Trial Case Results).
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 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 Montgomery County 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 right now.
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 (see Grand Jury). 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 (Only 38 in private practice in Texas)
Conroe Juvenile Attorney Jim 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.
I recently called Jim Sullivan when our young adult son had been arrested, in hopes of consulting with an attorney who would give us sound legal opinion from a Catholic Christian perspective. Mr. Sullivan spent time with me and explained the legalities of our son’s situation, even looking up court documents and contact information on our son’s court appointed lawyer.
It became clear, in speaking to Mr. Sullivan that practicing law is not just his career, it is his vocation. In particular, I understood that Jim Sullivan is driven to help troubled adolescents avoid entanglements with the legal system that can eventually have enduring consequences.
I believe Mr. Sullivan to be a conscientious, principled and trustworthy attorney.

~A concerned Cypress Mom (Avvo 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.
As a family law attorney, Nancy Botts has good results in child custody and divorce cases. She also has a strong commitment to offering each client the best possible representation.
Need a Montgomery County Criminal Defense Lawyer? Call James Sullivan & Associates at (281) 546-6428.
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Montgomery County Domestic Violence Lawyer | Conroe Texas http://www.houstoncriminaltriallawyer.net/montgomery-county-texas-domestic-violence-lawyer-conroe-texas/ Fri, 19 Apr 2013 00:55:57 +0000 http://www.houstoncriminaltriallawyer.net/?p=8259 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 & Associates 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.
Need Legal Advice?  Call James Sullivan & Associates at (281) 546-6428.
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.
Call James Sullivan right now at (281) 546-6428.
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Liberty County Family Violence Lawyer | Texas Domestic Assault Attorney http://www.houstoncriminaltriallawyer.net/liberty-county-family-violence-lawyer-texas-domestic-assault-attorney/ Thu, 18 Apr 2013 23:04:54 +0000 http://www.houstoncriminaltriallawyer.net/?p=8253 Assault Family Violence Charges Defense

Liberty 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 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.
Need Legal Advice?  Call James Sullivan & Associates at (281) 546-6428.
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.
Call James Sullivan right now at (281) 546-6428.
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8253
Waller County Domestic Violence Attorney | Hempstead Texas Family Violence Lawyer http://www.houstoncriminaltriallawyer.net/waller-county-domestic-violence-attorney-hempstead-texas-family-violence-lawyer/ Thu, 18 Apr 2013 22:52:57 +0000 http://www.houstoncriminaltriallawyer.net/?p=8249 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 & Associates at (281) 546-6428. 

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.
Need Legal Advice?  Call James Sullivan & Associates at (281) 546-6428.
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.
Call James Sullivan right now at (281) 546-6428.
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8249
Brazoria County Family Violence Attorney | Angleton Domestic Assault Lawyer http://www.houstoncriminaltriallawyer.net/brazoria-county-family-violence-attorney-angleton-domestic-assault-lawyer/ Thu, 18 Apr 2013 04:41:16 +0000 http://www.houstoncriminaltriallawyer.net/?p=8245 IMG_1199Assault Family Violence Charges Defense

Angleton 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.
 
Need Legal Advice?  Call James Sullivan & Associates at (281) 546-6428.
Call an Angleton Assault Family Violence Lawyer
The best way to resolve the case is by first talking with an Assault Family Violence Lawyer.  Angleton 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.
 
Call James Sullivan right now at (281) 546-6428.
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8245
Fort Bend County Family Violence Attorney | Domestic Assault http://www.houstoncriminaltriallawyer.net/fort-bend-county-family-violence-attorney-domestic-assault/ Thu, 18 Apr 2013 04:31:52 +0000 http://www.houstoncriminaltriallawyer.net/?p=8240 Fort Bend County Justice Center - Richmond, TXAssault 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 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 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 Sugarland 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 Sugarland Assault Family Violence Lawyer
The best way to resolve the case is by first talking with an Assault Family Violence Lawyer.  Sugarland 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.
 
Call James Sullivan right now at (281) 546-6428.
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8240
Houston Family Violence Attorney | Texas Assault Lawyer http://www.houstoncriminaltriallawyer.net/houston-family-violence-attorney-texas-assault-lawyer/ Thu, 18 Apr 2013 04:21:31 +0000 http://www.houstoncriminaltriallawyer.net/?p=8229 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
  • 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 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? Call 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 an 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 Houston Assault Family Violence Lawyer

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. His legal fees are affordable, reasonable and fair.

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Harris County Criminal Attorney James Sullivan Can Defend You http://www.houstoncriminaltriallawyer.net/harris-county-criminal-attorney-james-sullivan-can-defend-you/ Fri, 15 Feb 2013 00:13:28 +0000 http://www.houstoncriminaltriallawyer.net/?p=8222 img_0029Houston Criminal Defense Lawyer James (Jim) Sullivan is an experienced Criminal Defense Attorney. 

For over 19 years, Jim Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.  

Jim 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

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 (see Case Results).  Over the past 19 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 (see Trial Case Results).

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 right now.

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 (see Grand Jury).  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 (Only 38 in private practice in Texas)

TBLS-Logo-tag-RHouston Juvenile Attorney Jim 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.

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.

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8222
Houston Family Violence Lawyer | Domestic Assault Attorney in Harris County | James Sullivan http://www.houstoncriminaltriallawyer.net/houston-family-violence-lawyer-domestic-assault-attorney-harris-county-james-sullivan/ Mon, 26 Nov 2012 03:48:09 +0000 http://www.houstoncriminaltriallawyer.net/?p=8179 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.  His legal fees are affordable, reasonable and fair.  Call James Sullivan at 281-546-6428 for a free consultation.

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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8179
Bay City & Matagorda County Texas Criminal Lawyer Jim Sullivan http://www.houstoncriminaltriallawyer.net/bay-city-matagorda-county-texas-criminal-lawyer-jim-sullivan/ Mon, 22 Oct 2012 00:57:45 +0000 http://www.houstoncriminaltriallawyer.net/?p=8145 Bay City, Texas Criminal Defense Lawyer James (Jim) Sullivan is an experienced Criminal Defense Attorney. 

Matagorda County Criminal Lawyer Jim Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts since 1994.

Jim 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

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 (see Case 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 (see Trial Case Results).

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 right now.

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 (see Grand Jury).  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

Bay City, Texas Juvenile Attorney Jim 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.

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.

As a family law attorney, Nancy Botts has good results in child custody and divorce 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.

_________________________________

BAY CITY / MATAGORDA COUNTY TEXAS COURT INFORMATION

23rd District Court

Judge Ben Hardin

1700 7th Street, Room 317

Bay City, TX 77414-5094

Tel: 979-864-1205

130th District Court

Judge Craig Estlinbaum

1700 7th Street, Room 317

Bay City, TX 77414-5094

Tel: 979-244-7635

District Clerk

Becky Denn

1700 7th Street, Room 307

Bay City, Texas 77414-5092

Tel: 979-244-7621

Melanie Martin – Chief Deputy Clerk

Renda Schuelke – Sr. Deputy Clerk

Leanne Johnson – Deputy Clerk

Stacey Johnson – Deputy Clerk

District Attorney

Steven Reis

1700 7th Street, Room 325

Bay City, TX 77414-5094

Tel: 979-244-7657

Fax: 979-245-9409

Matagorda County Court

Judge Nate McDonald

1700 7th Street, Room 301

Bay City, Texas 77414-5094

Tel: 979-244-7605

Fax: 979-245-3697

Matagorda County Attorney

Jill Cornelius

1700 7th Street, Room 305

Bay City, TX 77414-5091

Tel: 979-244-7645

Fax: 979-244-7647

Matagorda County Clerk

Janet Hickl

1700 7th Street, Room 202

Bay City, TX 77414-5094

Tel: 979-244-7680

Fax: 979-244-7688

Matagorda County Sheriff

Gary L. Mathis

2323 Avenue E

Bay City, TX 77414

Tel: 979-245-5526

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8145
Wharton & Wharton County Texas Criminal Lawyer Jim Sullivan http://www.houstoncriminaltriallawyer.net/wharton-wharton-county-texas-criminal-lawyer-jim-sullivan/ Mon, 22 Oct 2012 00:27:42 +0000 http://www.houstoncriminaltriallawyer.net/?p=8134 Wharton, Texas Criminal Defense Lawyer James (Jim) Sullivan is an experienced Criminal Defense Attorney. 

Wharton County Texas Criminal Lawyer Jim Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts since 1994.

Jim 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

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 (see Case 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 (see Trial Case Results).

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 right now.

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 (see Grand Jury).  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

Wharton Juvenile Attorney Jim 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.

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.

As a family law attorney, Nancy Botts has good results in child custody and divorce 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.

________________________________

WHARTON / WHARTON COUNTY TEXAS COURT INFORMATION

23rd District Court

Judge Ben Hardin

111 E. Locust, Room 402

Angleton, TX 77515-4678

Tel: 979-864-1205

329th District Court

Judge Randy Clapp

100 S. Fulton, Suite 200

Wharton, TX 77488

Tel: 979-532-1514

Fax: 979-532-4752

Cassie Ritter, Court Administrator
Joy Wuthrich, Official Court Reporter

District Attorney

Josh McCown

100 S. Fulton Street

Wharton, TX 77488

Tel: 979-532-8051

Fax: 979-532-8467

District Clerk

Nerissa House

P. O. Drawer 391

Wharton, TX 77488

Tel: 979-532-5542

Fax: 979-532-1299

Wharton County Court

Judge Phillip Spenrath

309 E. Milam

Wharton, TX 77488

Tel: 979-532-4612

Fax: 979-532-1970

Wharton County Attorney

G.A. “Trey” Maffett

309 East Milam

Wharton, Texas 77488

Tel: 979-532-2591

Fax: 979-532-1251

Wharton County Clerk

Sandra K. Sanders

P.O. Box 69

Wharton, Texas 77488

Tel: 979-532-2381

Fax: 979-532-8426

Wharton County Sheriff

Jess Howell

P.O. Box 726

Wharton, TX 77488

Tel: 979-532-1550

Fax:  979-282-2849

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Columbus & Colorado County Texas Criminal Lawyer Jim Sullivan http://www.houstoncriminaltriallawyer.net/columbus-colorado-county-texas-criminal-lawyer-jim-sullivan/ Sun, 21 Oct 2012 23:44:04 +0000 http://www.houstoncriminaltriallawyer.net/?p=8130 Columbus, Texas Criminal Defense Lawyer James (Jim) Sullivan is an experienced Criminal Defense Attorney. 

Colorado County Criminal Defense Lawyer Jim Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts since 1994.

Jim 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

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 (see Case 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 (see Trial Case Results).

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 right now.

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 (see Grand Jury).  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 (Only 38 in private practice in Texas)

Columbus, Texas Juvenile Attorney Jim 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.

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.

As a family law attorney, Nancy Botts has good results in child custody and divorce 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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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

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