Hempstead / Waller County Juvenile Defense Lawyer James Sullivan Is Board Certified in Juvenile Law


Waller County Juvenile Sex Crimes Defense

Hempstead, Texas Juvenile Attorney James Sullivan is Board Certified in Juvenile Law and can represent your child in all juvenile court matters.  He has successfully represented juveniles in cases ranging from drug possession and theft to aggravated robbery and murder.  If your child is accused of a sex offense, it is extremely important to get a juvenile defense trial attorney on the case as soon as possible.  Call a juvenile lawyer before talking to CPS or the police.
JUVENILE SEX CRIMES
As parents, we know that children are naturally curious about their sexuality.  In these modern times, children are reaching the onset of puberty at a younger and younger age (girls as young as nine and boys as young as ten).  Their curiosity leads to natural experimentation.  Unfortunately, such experimentation sometimes conflicts with state laws, and children as young as ten can be arrested and charged with serious felony offenses such as aggravated sexual assault of a child, sexual assault or indecency with a child.
Juvenile sex offenses, of course, can stem from other reasons.  Children can be influenced to act out when they have been exposed to pornography or live sex.  They will mimic the sexual behavior they have seen.  And, of course, children who have been sexually abused will act out on those behaviors–sometimes years later.  In such cases, it is very common that the child was abused at a young age by an older cousin, a babysitter, a coach or other such person close to the child.  This prior abuse does not excuse the child’s actions, but it is definitely mitigating.  Without counseling and intervention, the child is likely to re-offend.  If the child later re-offends as an adult, he could be facing a life sentence.
DIGNITY, EMPATHY AND COMPASSION
Waller County Juvenile  Lawyer James Sullivan can help you and your child get through this difficult ordeal with dignity, empathy and compassion.  He is sensitive to the emotional and psychological needs of children.  He has represented a number of juvenile boys and girls who themselves had been victimized at a young age and had not reported it to their parents or to the authorities.  In fact, it was only through his sensitive, patient and thought-provoking conversation with the child that he was able to draw out the prior abuse.
Waller County Juvenile Trial Attorney James Sullivan will work hard to persuade the State to non-suit (dismiss) your child’s case, to obtain an acquittal (not guilty) at trial or as a last result to negotiate a reasonable plea bargain.  From the outset, he will work to have your child released from the detention center and then work toward keeping him or her at home and from having to register as a sex offender.  In fact, not one of his juvenile clients has had to register as a sex offender.  Such registration can be devastating to a child’s development and to his or her future.  To view a current list of juvenile and adult sex offenders, go to www.txdps.state.tx.us.
James Sullivan is an expert in the field of juvenile law and has successfully represented juveniles charged with sex offenses and other felony and misdemeanor offenses in Houston and throughout the Gulf Coast region.   He has a proven track record in juvenile sex offense representation and is truly concerned about the many juveniles who do not have competent legal representation.
POSSIBLE CONSEQUENCES OF JUVENILE SEX OFFENSES:
DISCRETIONARY TRANSFER TO CRIMINAL COURT
An aggravated sexual assault of a child offense is a first degree felony.  If the juvenile is 14 years of age or older at the time of the alleged offense, the State can seek to have the juvenile transferred to criminal court and stand trial as an adult.  In adult court, the range of punishment is from five years to life in prison.
Indecency with a child can be either a second or third degree felony.  If the juvenile is 15 years of age or older at the time of the alleged offense, the State can seek to have the juvenile transferred to criminal court and stand trial as an adult.  In adult court, the range of punishment is from 2 years to 10 or 20 years in prison.
DETERMINATE SENTENCE
Instead of a transfer to criminal court, the State can also seek a determinate sentence for a juvenile aged 10 or older for a juvenile felony sex offense.  If this were to happen, a juvenile could never seal his juvenile record.  He could be placed on probation for up to 10 years with automatic transfer to adult probation at age 18.  He could also be sent to the Texas Juvenile Justice Department (formerly known as the Texas Youth Commission) for up to 40 years for a first degree felony, up to 20 years for a second degree felony and up to 10 years for a third degree felony.  If sent to TJJD and to be eligible for parole, he first has to stay a minimum of 3 calendar years for a first degree felony, 2 calendar years for a second degree felony and 1 calendar year for a third degree felony.  If the juvenile does not parole out by age 19, then he is automatically transferred to adult prison, although depending on his behavior he could be transferred as early as age 16.
INDETERMINATE SENTENCE
Instead of the severe consequences of a transfer to adult court or determinate sentence, the State can proceed with an indeterminate sentence.  In such a case, the juvenile could petition the court to seal his record at age 21 so long as he is not currently having to register as a sex offender (or possibly much earlier).  Also, the juvenile could receive probation until age 18.  As a condition of probation, he could be placed outside his home for sex offender counseling and treatment.  He could also be sent to TJJD where he could be held until age 19.  In most of his negotiated cases, this attorney has been able to reach an agreement with the State wherein his client receives an indeterminate sentence probation at home for two years, which is the minimum statutory required length of probation for a felony sex offense.
SEX OFFENDER REGISTRATION
The Judge can also order the juvenile to register as a sex offender until age 28.  The defense attorney may be able to persuade the State to agree to defer registration, i.e. the Judge will make the decision regarding sex offender registration after the juvenile completes his or her sex offender counseling.  This attorney has been successful in his cases to either defer the registration decision or to not require the juvenile to register at all.  In fact, in 17 years of practicing law, not a single one of Sullivan’s clients has had to register.
DE-REGISTRATION – EXCUSING SEX OFFENDER REGISTRATION
James Sullivan has also been successful in persuading juvenile courts to allow juveniles to be excused from further sex offender registration that would otherwise be required by Chapter 62 of the Texas Code of Criminal Procedure.  A juvenile ordered to register as a sex offender only has two chances to request de-registration as a sex offender.  Therefore, it is important to retain an attorney experienced in the process.  Ideally, it is better to request de-registration prior to the juvenile’s 18th birthday when he would otherwise have to begin registering as an adult until age 28.  However, the juvenile can still request de-registration even after having reached age 18 or older.
If you or your child were ordered to register as a sex offender by a juvenile court and want to be excused from further registration or if your child is charged with a sex offense, you can call  Waller County Juvenile Lawyer James Sullivan directly at (281) 546-6428 for a confidential consultation.  Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Waller, Harris, Fort Bend and Montgomery counties. Sullivan attended Gerry Spence’s Trial Lawyers College and was invited to join The National Trial Lawyers association.

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