Posts Tagged ‘Misdemeanor’


Houston Misdemeanor Defense Attorney | Harris County Criminal Lawyer James Sullivan Fights for his Clients

Tuesday, August 27th, 2013

Harris County Misdemeanor Lawyer

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

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

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

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 phone 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

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 misdemeanor or felony 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.

Texas Controlled Substances Act – Offense: Possession of Marihuana

Thursday, February 2nd, 2012
Texas Department of Criminal Justice

Image via Wikipedia

Sec. 481.121.  OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

(b)  An offense under Subsection (a) is:

(1)  a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;

(2)  a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

(3)  a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;

(4)  a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;

(5)  a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

(6)  punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.105, eff. September 1, 2009.

_____________________

Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.

As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects.  Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases.  Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.

Free Initial Consultation. (281) 546-6428. Contact us today.

This is a local copy of a section of the Texas Controlled Substances Act.

Texas Controlled Substances Act – Offense: Delivery of Marihuana

Thursday, February 2nd, 2012
Texas Department of Criminal Justice

Image via Wikipedia

Sec. 481.120.  OFFENSE: DELIVERY OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.

(b)  An offense under Subsection (a) is:

(1)  a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana;

(2)  a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;

(3)  a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce;

(4)  a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds;

(5)  a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and

(6)  punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.104, eff. September 1, 2009.

____________________________________

Courtesy, Attorneys James Sullivan and Associates, Texas Criminal Defense Lawyers.

As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects.  Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases.  Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.

Free Initial Consultation. (281) 546-6428. Contact us today.

This is a local copy of a section of the Texas Controlled Substances Act.

 

Texas Controlled Substances Act – Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances

Thursday, February 2nd, 2012
Texas Department of Criminal Justice

Image via Wikipedia

Sec. 481.119.  OFFENSE: MANUFACTURE, DELIVERY, OR POSSESSION OF MISCELLANEOUS SUBSTANCES. (a) A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group. An offense under this subsection is a Class A misdemeanor.

(b)  A person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group. An offense under this subsection is a Class B misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1188, Sec. 6, eff. Sept. 1, 2001.

_________________________________

Courtesy, Attorneys James Sullivan and Associates, Texas Criminal Defense Lawyers.

As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects.  Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases.  Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.

Free Initial Consultation. (281) 546-6428. Contact us today.

This is a local copy of a section of the Texas Controlled Substances Act.

WHAT IS A BONDSMAN

Tuesday, August 30th, 2011

Houston Criminal AttorneyImage via WikipediaThe bondsman, also referred to as a bail relationship agent, is an agency or individual who will put in the money to secure bail for individuals who need to pledge the look of them at a felony court hearing. Bail bondsmen could have a defendant released within hours, once their services happen to be obtained. Bail is some money that the actual court says can be used as collateral to ensure that the accused can look in court because promised. Without posting the correct amount, a defendant must stay in jail until the look of them.

A bondsman can pay a percentage from the bail against the actual bond, to back the actual defendant’s promise to exhibit up for courtroom. If the accused doesn’t appear, the actual bondsman must include the bail quantity, but does have the choice of using a technique such as delivering a bounty hunter to create the defendant to court to be able to recoup their deficits. Many bond companies are open whatsoever hours to focus on the needs of the clients, so when you are arraigned and looking for someone to assist you to post bail to be able to wait for your trial in your own home, a bondsman may be the person you are searching for.

Bonds can end up being posted in a variety of situations, such for misdemeanors, felonies, felony appeals, jail provides, and immigration provides. For each of those, there are generally four various kinds of bonds that could be made. The first is really a personal recognizance relationship, which means when you make a promise to come back to court, you are able to go without paying anything. No bail relationship agent is needed in this instance.

There are additionally cash bonds, in which situation the defendant needs to pay the whole bail amount to become released. In a few states, there will also be ten-percent bonds, meaning ten percent from the bond amount is going to be required until a good appearance at courtroom. If the defendant doesn’t appear, the other ninety percent is going to be required.

The final kind is really a surety bond. This is actually the case in that a bondsman promises how the defendant will appear at court. When the promise is not really kept, the bondsman accounts for the entire bail quantity. In any from the last three instances, the services of the bail bondsman might be needed.

Misdemeanor and felony bonds receive at the arraignment subsequent being arrested with regard to either misdemeanor or even felony behavior. A misdemeanor is usually less serious costs, thus the bond is usually less than for any felony. After getting been convicted, a criminal appeal might be filed for numerous reasons.

In a few cases, you qualify for bail. The factors involved with determining whether bond can end up being posted include period of sentence and the kind of crime involved. Immigration bonds are for individuals who are in custody of the children for immigration detainees or even immigration violations.

IN HARRIS AND FT BEND COUNTY, HOW MUCH TIME CAN I GET?

Sunday, August 14th, 2011

                       Image via WikipediaIn the USA, every condition as well as the us government offers its program with regard to classifying offenses below its lawful signal. Nevertheless more often than not, offenses are usually divided together comparable outlines.

The very first category is actually in between misdemeanors as well as felonies. Felonies tend to be more severe crimes which are punishable through incarceration within the condition penitentiary with regard to several 12 months, or even with regard to really severe felonies, passing away.
Misdemeanors tend to be much less severe offenses which are punishable through incarceration associated with under twelve months within the region prison.
Inside the 2 types of felonies as well as misdemeanors, offenses tend to be additional divided through the intensity from the criminal offense.
For instance, the Course The misdemeanor may be the the majority of severe kind of misdemeanor, and it is punishable with a prison phrase to not surpass twelve months along with a good associated with a specific amount which differs through condition to convey.
Course W misdemeanors differ broadly, however usually they’re not really punishable along with prison conditions which surpass one hundred and eighty times.
Course D misdemeanors commonly are not provided prison conditions but rather have penalties.
Within the criminal offense class, probably the most severe offenses, for example first-degree homicide, tend to be known as funds felonies. Funds felonies, within jurisdictions which have the actual passing away fee may have together the actual fee associated with passing away or even existence within jail.
First-degree felonies tend to be punishable along with jail conditions which range from no less than 5 many years alive.
Second-degree felonies tend to be punishable through imprisonment associated with only two decades as well as no less than 24 months.
3rd level felonies tend to be punishable through imprisonment associated with only ten years as well as no less than 24 months.
The most obvious query occurs, exactly what decides regardless of whether a specific criminal offense suits 1 class or even an additional? The solution is actually a mix of their state regulation preventing this kind of offenses, prior crimes as well as mitigating or even irritating elements.
The actual penal signal of this legal system for instance might classify leading to the actual passing away associated with an additional in to various kinds associated with offenses based upon regardless of whether there is premeditation or even if the passing away had been triggered within the warmth associated with enthusiasm. Thievery as well as thievery might be categorized based upon the total amount taken as well as regardless of whether lethal weaponry had been utilized in the actual fee from the criminal offense.
The actual defendant’s felony protection attorney might existing this kind of elements that could offset the actual intensity from the criminal offense through displaying such things as a terrible years as a child seen as a misuse as well as ignore, for instance. In the event that these types of elements tend to be recognized, the actual criminal offense may be lessoned or even relocated lower from the greater course to some reduce course.
Additional mitigating elements would be to display how the target experienced formerly triggered injury to the actual accused, how the defendant’s common sense had been reduced via absolutely no problem associated with their own, or even which defendant’s measures had been totally outdoors the woman’s regular character (it’s this that is actually tried once the protection provides personality witnesses to exhibit how the accused had been usually the tranquil as well as regulation abiding resident).
However, the actual criminal prosecution might existing proof to exhibit irritating elements, that could improve or even proceed the actual criminal offense upward the course. This kind of irritating elements may be to exhibit how the target had been a small, how the accused utilized the lethal tool within the fee from the criminal offense, how the accused meant to dedicate lovemaking attack combined with the thievery, or even how the defendant’s measures had been especially heinous or even depraved.
The actual defendant’s prior criminal record can also be taken into consideration. The initial culprit might get a reduce category, while the chronic felony charged from the exact same criminal offense, might get a worse phrase due to getting their criminal offense categorized like a more severe criminal offense.

One of the very important things that the governor’s pardon can’t grant you is actually expungement

Thursday, August 11th, 2011

Dealing with a criminal trial could be a very difficult thing for anybody to suffer from. This can also be considered a very emotional period. Things only get worse when you’re found guilty and convicted from the crime. However, you should remember that you may still find options open for you.

Many people who’re convicted of a crime qualify for a gubernatorial excuse. This can do a good deal for you. A number of your rights could be restored after your own conviction has suspended them. These range from the right in order to vote, the to hold public workplace, and the to serve on the jury. You also regain your capability to serve as the actual executor or the administrator of the estate, and a chance to obtain certain permit. These restorations could be incredibly helpful for you.

However, a pardon won’t do everything that you’ll require. You will not really be forgiven your own owed fines, costs, restitution or reparations. As well as the monetary obligations, there’s also other conditional repercussions that won’t be fixed with a pardon from the actual governor.

One of the very important things that the governor’s pardon can’t grant you is actually expungement. This implies that even though the actual governor has pardoned a person, you still possess a criminal record together with your arrest on this. The only method to fix this would be to file a municipal suit for expungement of the criminal record.

It’s also important to remember that even though you had been acquitted, you’d still need in order to expunge your report. No matter what the end result of your criminal case might be, your criminal record it’s still intact. The only way to eliminate this is to undergo the expungement procedure.

In order to determine your options along with expungement, you should contact a skilled expungement attorney. Nevertheless, there are a few basic guidelines that you could follow. For expungement, you ought to have received deferred adjudication for any Class C Misdemeanor or even less. If this doesn’t fit your scenario, you can nevertheless receive non disclosure.

Houston Juvenile Lawyer gets his client’s marihuana case dismissed!

Sunday, July 3rd, 2011

     

Juvenile Drug Defense

Houston Drug Defense Lawyer Jim Sullivan got his juvenile client’s possession of marihuana case dismissed in the 315th District Court without a trial setting. Sullivan told the prosecutor that the evidence did not link his client to the marihuana and that if he did not dismiss the case then he would take it to trial.  The prosecutor backed down, did the right thing and dismissed it.

If you need a board certified Houston Juvenile Lawyer to represent your child, contact James Sullivan at (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan was invited to join The National Trial Lawyers association.

05/18/10 JUVENILE 315TH POSSESSION OF MARIHUANA (B) DISMISSED BY STATE WITHOUT A TRIAL SETTING

Felony Theft – Houston Defense Lawyer gets case reduced to Misdemeanor and also gets Deferred Adjudication for his client!

Sunday, July 3rd, 2011

Someone stole all of the bike except the front wheel. Any unicyclists out there need a ride?

Theft Crime Defense in Harris County

Houston Criminal Lawyer James Sullivan represented his client in the 338th District Court.  It took four months to get the result his client wanted.  Sullivan was about to set the case for a jury trial when the prosecutor finally agreed to reduce his client’s serious felony case to a misdemeanor level theft offense and also agreed to a deferred adjudication.  Incredible, his client said when he got the news.  When a client is not in a rush and is willing to fight their case at trial, a client generally gets a better result, if not the best result.

If you need a Houston theft crime lawyer, contact James Sullivan (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan attended Gerry Spence’s Trial Lawyers College and was invited to join The National Trial Lawyers association.

10/27/10 1261476 338TH THEFT (State Jail Felony) REDUCED TO MISDEMEANOR THEFT AND GRANTED DEFERRED ADJUDICATION
Case Number:   126147601010
Offense:   THEFT (THEFT >=$500 <$1,500)
Bond Amount:   $2000
Case Status:   PROB-PENDING COMPLETION OF PROBATION
Defendant Status:   DEF ADJ
Case Disposition:   DEFERRED ADJUDICATION OF GUILT
Case Completion Date:   10/27/10
Last Instrument Filed:   FELONY INDICTMENT
Court:   338
File Date:   05/02/10
Court Setting Date:   10/27/10

  10/27/10   09:00   338 MD   PLEA   RED MISD PGP   1 YR DADJ   Y
  09/15/10   09:00   338 MD   NON-TRIAL   RSET DEF REQ   10/27/10   Y
  08/04/10   09:00   338 MD   NON-TRIAL   RSET DEF REQ   09/15/10   Y
  07/07/10   09:00   338 MD   ARRAIGNMENT   RSET DEF REQ   08/04/10   Y
  06/02/10   09:00   338 MD   ARRAIGNMENT   RSET DEF REQ   07/07/10   THA   Y
  05/04/10   09:00   338 AC   ASSN CRT AP   RSET OPR LAW   06/02/10   N
 
05/02/10  COMPLAINT FILED    1444 338 THEFT $1500-20K         LEVEL FS
05/02/10  BOND SET             $2000                        SNU: 999
05/02/10  REVIEWED BY         JORDAN, GEORGE
05/02/10  ORI: SOUTH HOUSTON POLICE  OFFENSE NO: 1005010057
05/02/10  COMPLAINANT        GARCIA, MARTIN
05/03/10  BOND FILED         CRT 338 TIME 0918 TYPE SURETY
05/03/10  BOND MADE        AMT     $2000 DATE 05/02/10 RCPT #
05/03/10  BONDSMAN           HUSBANDS, SARAH H
06/14/10  GRAND JURY ACTION  FID    06/14/10   G179         SNU: 999
06/14/10  GRAND JURY ACTION  ROTATION CRT 338  OFF FREQ   BND   $2000
06/14/10  GRAND JURY ACTION  OFFENSE THEFT $1500-20K          LEVEL FS
06/14/10  ORI: SOUTH HOUSTON POLICE  OFFENSE NO: 1005010057
05/04/10  C87 ACTIVITY       PCWAR DONE  STATUS    CFI 338  SNU: 999
10/27/10  ORDER              DEFERRED ADJUDICATION OF GUILT SNU: 999
10/27/10  PENALTY            PROBATION     1 YEAR   ENDING 10/26/11
10/27/10  PENALTY            A FINE OF         $0           SNU: 999
10/27/10  OFFENSE            THEFT >=$500 <$1,500             LEVEL MA

Robbery – Houston Juvenile Lawyer gets his client’s serious felony reduced to misdemeanor Assault!

Saturday, July 2nd, 2011

CuffedincourtRobbery Reduced to Assault

Houston Juvenile Lawyer Jim Sullivan persuaded the prosecutor to reduce his juvenile client’s 2nd degree felony Robbery charged to a class A misdemeanor in the 313th District Court with probation at home.  The complainant claimed that his client attacked him viciously without provocation and stole his cell phone.  After a thorough investigation, Sullivan suggested that the prosecutor ought to reduce the case to a misdemeanor or he would set it for trial.  The prosecutor gave in.  The client was happy he would not have a felony conviction on his record.

If you need a Houston juvenile trial lawyer, contact James Sullivan at (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan was invited to join The National Trial Lawyers association. Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization.

 

02/02/11 JUVENILE 313TH ROBBERY (3° Felony) REDUCED TO MISDEMEANOR ASSAULT WITHOUT A TRIAL SETTING