Posts Tagged ‘Montgomery County Texas’


Juvenile Defense Lawyer for Sex Offenses in Montgomery County Texas

Wednesday, June 1st, 2016

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 SOTP 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-RI 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.

 

Montgomery County Online Solicitation of a Minor Lawyer | Conroe Texas Sex Crimes Defense Attorney James Sullivan

Saturday, May 10th, 2014

MONTGOMERY COUNTY CRIMINAL ONLINE SOLICITATION OF A MINOR DEFENSE ATTORNEYS

Conroe, Texas Criminal Lawyers Protecting Your Teen’s Rights, Freedom and Future

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

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

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

Montgomery County Sexting Defense Lawyers

What is Sexting?

Sexting involves receiving or sending a sexually explicit photo of a child younger than 18 via a mobile phone.  Even if your adult son or daughter consented to the sexting, he or she could end up in jail and be forced to register as a sex offender for the rest of his or her life.  In addition to alerting the public about the sex offense, sex offender registration will impact your son or daughter’s ability to get a job, travel freely and to live in certain areas.

Conroe Criminal Online Solicitation of a Minor Defense Lawyers

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

Aggressive Defense

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

Contact a Montgomery County Criminal Lawyer

NTL-top-100-memberMontgomery County Criminal Lawyers James Sullivan and Associates have defended thousands of clients on serious felony cases, including sex offenses.  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.

James Sullivan & Associates | Conroe Texas Criminal Lawyers

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

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

Montgomery County Burglary Lawyer | Conroe Texas Burglary of a Habitation Attorney James Sullivan

Saturday, May 3rd, 2014

Burglary of a Habitation

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.

Montgomery County Criminal Defense 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.

What is Burglary of a Habitation in Montgomery County?

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.

Conroe, Texas 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 | Conroe Burglary Defense Lawyer

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

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

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

CRIMINAL OFFENSEACTUAL RESULTSCT#
Burglary of a Habitation (2° Felony)JURY TRIAL: NOT GUILTY (Client accused of breaking into a home with 6 other juveniles and stealing over $25,000 in cash from a safe)313th
Burglary of a Habitation with intent to commit aggravated assault (1° Felony)CASE REDUCED TO BURGLARY OF HABITATION WITH INTENT TO COMMIT MISDEMEANOR ASSAULT (2° Felony) when Sullivan was setting the case for trial (Client was accused of breaking into a neighbor’s downstairs apartment through the air vent and then threatening a 17 year old girl who was home alone. Client was originally offered 12 years on the aggravated felony through his court-appointed attorney) , Case # 1370138228th
Burglary of a Habitation (2° Felony)CASE DISMISSED BY GRAND JURY (Client accused breaking into home while homeowner was home, however client had credible alibi witnesses at the time of the alleged burglary), Case # 1321679184th
Burglary of a Habitation (2° Felony)CASE REDUCED TO BURGLARY OF A BUILDING (State Jail Felony), Case # 1245594232nd
Burglary of a Habitation (2° Felony)REDUCED TO MISDEMEANOR TRESPASS, Case # 1298554232nd
Burglary of a Habitation (2° Felony)CASE DISMISSED (Client was accused of being the lookout on a burglary of a habitation)315th
Attempted Burglary of a Habitation (3° Felony)CASE REDUCED TO MISDEMEANOR TRESPASS OF A HABITATION (Client was accused of trying to break into an apartment. The tenant was inside and observed window screens being removed from the side of the apartment) , Case # 1289876232nd
Burglary of a Habitation (2° Felony)CASE DISMISSED , Case # 1268926339th
Burglary of a Habitation (2° Felony)CASE DISMISSED, Case # 1277540232nd
Burglary of a Habitation (2° Felony)CASE REDUCED TO MISDEMEANOR TRESPASS and client received deferred prosecution313th
Burglary of a Habitation (2° Felony)CASE DISMISSED315th
Burglary of a Habitation (2° Felony)REDUCED TO MISDEMEANOR TRESPASS TO HABITATION prior to jury trial setting, Case # 1200321337th
Burglary of a Habitation (2° Felony)CASE REDUCED TO MISDEMEANOR THEFT, Case # 1185149232nd
Burglary of a Habitation with Intent to Commit Assault (2° Felony)CASE DISMISSED BY GRAND JURY (Client accused of breaking into house after a drug deal went bad) , Case # 1182231179th

Conroe Texas Juvenile Sex Crimes Lawyer | Montgomery County Defense Attorney James Sullivan

Wednesday, April 30th, 2014

Montgomery Texas Juvenile Sex Crimes Defense

Conroe Board Certified Juvenile Defense Attorney

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

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

NTL-top-100-memberIf your child was arrested, contact Conroe Juvenile Attorney James (Jim) Sullivan at (281) 546-6428 for a free confidential consultation. Sullivan is recognized statewide as an expert in juvenile law and is an experienced trial lawyer. Sullivan has obtained good results for juveniles accused of sex offenses in the Greater Houston area (see below).  

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.

 

DIGNITY, EMPATHY AND COMPASSION

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

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

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

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

CASE RESULTS – JUVENILE SEX OFFENSES

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

CaseFactsResults
Aggravated Sexual Assault of a ChildJames Sullivan persuaded a jury in the 314th District Court of Harris County to find his 15 year old male client not guilty of molesting his niece. The client was accused of inserting his finger into the sexual organ of his 2½ year old niece and his 4 year old nephew was an alleged eyewitness. The niece did have injuries documented in a medical examination, but a thorough defense investigation uncovered severe credibility issues with the children and their mother, the outcry witness, and other reasonable explanations for the injuries were not investigated by law enforcement.Not Guilty
Aggravated Sexual Assault of a Child15 year old boy was accused of having consensual sex with a 12 year old girl in her bedroom while two teenage friends allegedly listened in the adjoining room.Dismissed on day of trial
Aggravated Sexual Assault of a Child in Montgomery County16 year old boy with autism was accused of raping his 14 year old male cousin during a sleepover. Law enforcement failed to interview the accused's parents, failed to visit the alleged crime scene and failed to investigate the complainant's father, a registered sex offender with a lengthy history of abusing children, as a possible perpetrator. Before Sullivan could set the case on the trial docket, the State did the right thing and dismissed the case.Dismissed
Aggravated Sexual Assault of a Child13 year old boy accused of touching his younger step-brothers. Sullivan persuaded the prosecutor to dismiss the case upon completion of juvenile sex offender counseling.Dismissed
Aggravated Sexual Assault of a Child in Montgomery County12 year old boy was accused of fondling a 2 year old girl at his home.Dismissed
Aggravated Sexual Assault of a Child in Brazoria County13 year old boy was accused of fondling his 6 year old stepsister. When the boy was 7, he was sexually abused by an older brother but never received any counseling. Unfortunately, six years later, he impulsively acted out on the behaviors he learned at a young age.Reduced to enticing a child
Aggravated Sexual Assault of a Child in Fort Bend County16 year old boy was accused of fondling with digital penetration his 14 year old sister against her will when he was 14 and she was 12 years old.Reduced to misdemeanor assault
Aggravated Sexual Assault of a Child in Montgomery County13 year old boy accused of having sex with and impregnating his 11 year old sister. Sullivan persuaded the prosecutor to reduce the case if client completed juvenile sex offender counseling.Reduced to public lewdness
Aggravated Sexual Assault of a Child16 year old boy was accused of sexually abusing his 6 year old half-sister.Reduced to misdemeanor assault on day of trial
Aggravated Sexual Assault of a Child in Liberty County16 year old special needs boy was caught in the act of fondling a 5 year old boy in the neighborhood. During a lengthy interview by Sullivan with the child at the detention center, the boy divulged that he had been molested at age six by a 14 year old cousin. Sullivan persuaded the State and the court to allow his client to live with an older sister in Harris county.Probation
Aggravated Sexual Assault of a Child in Orange County15 year old boy was accused of performing oral sex on a 12 year old boy. Sullivan persuaded the state to reduce the case to indecency with a child.Probation
Aggravated Sexual Assault of a Child in Jackson County15 year old boy was accused of sexually abusing a younger brother over a one year period of time. Like so many juvenile sex offenders, the accused was exposed to explicit sex videos online via unsupervised Internet access at a young age and began acting out with a sibling. The probation department originally recommended placement at TJJD, however Sullivan persuaded the prosecutor to place him with his grandparents following a 9 to 12 months of sex offender counseling at a private placement at Pegasus School in Lockhart)Probation
Aggravated Sexual Assault of a Child in Montgomery County12 year old boy was caught in the act of fondling a 5 year old boy in the neighborhood. Sullivan initially persuaded the court to allow his client to stay at home with his parents and younger siblings, however his client later admitted to probation to fondling a younger half-brother in his home. Sullivan then persuaded the court to place his client with his grandmother in Chicago and to receive out-patient counseling even though the probation department sought placement at a residential treatment center.Probation
Aggravated Sexual Assault of a Child12 year old boy was caught in the act of sexually abusing his 6 year old cousin. During a series of interviews with Sullivan, the boy divulged that he had been raped by an 18 year old acquaintance that had lived in the neighborhood. Sullivan persuaded the prosecutor to allow his client to receive probation and to live at home with his father.Probation
Continuous Sexual Abuse of a Child in Montgomery CountyCASE DISMISSED AFTER FIRST COURT SETTING (11 year old boy was accused of sexual assault against his older sister over a lengthy period of time. Investigation by Sullivan and the children's parents determined that the boy was actually the victim. The sister herself was a victim at a young age and was acting out with her younger brother)CCL 1
Indecency with a Child by Contact in Montgomery County13 year old boy accused of touching his 5 year old niece in his bedroom. Thorough investigation by Sullivan within days of being hired was enough to persuade the prosecutor to do the right thing without client even having to go through juvenile processing, an exceptionally rare result.Dismissed prior to first court setting
Indecency with a Child by Contact in Montgomery County16 year old boy accused of touching a female student at his high school.Dismissed
Indecency with a Child in Montgomery County15 year old boy was accused of holding a 15 year old girl down on the floor during class and fondling her through her clothing against her will.Dismissed
Indecency with a Child in Montgomery County11 year old boy was accused of fondling two other students against their will while on the school bus.Dismissed
Indecency with a Child13 year old boy was accused of fondling a 12 year old girl against her will at school.Dismissed
Indecency with a Child14 year old boy was accused along with two other boys of fondling a 13 year old girl at school against her will. Case was reduced on day of trial.Reduced to misdemeanor indecent exposure
Indecency with a Child15 year old boy was accused of fondling a 6 year old girl who was visiting him at home. Case was reduced on day of trial.Reduced to misdemeanor assault
Indecency with a Child14 year old boy was accused of fondling a 7 year old boy outside in their apartment complex. Case was reduced on day of trial.Reduced to misdemeanor public lewdness
Indecency with a Child in Galveston County13 year old boy allegedly touched a girl inappropriately while riding home on the school bus. Sullivan persuaded the prosecutor to grant a deferred prosecution with counseling.Dismissed
Indecency with a Child14 year old boy accused of touching a 10 year old girl.Dismissed
Indecency with a Child15 year old boy accused of touching a 12 year old girl.Reduced to misdemeanor assault
Motion to De-Register as a Sex OffenderGRANTED (A registered juvenile sex offender was allowed to de-register. Now 17, the client wanted to de-register before he applied to attend college)314th
Motion to Revoke Probation (Indecency with a Child) in Fort Bend CountyMotion to revoke dismissed and juvenile client was re-instated on probation.Dismissed
Possession of Child Pornography15 year old boy accused of downloading child pornography images and videos from the internet to his school-issued tablet. James Sullivan persuaded the judge to grant deferred prosecution after he first arranged for his client to take and complete juvenile sex offender counseling.Dismissed after deferred prosecution
Possession of Child PornographyCase was first filed in Criminal District Court as an adult case, later dismissed and re-filed in Juvenile Court one week before client's 18th birthday, an exceptionally rare event. Government knew about child pornography when Client was 16 but did not execute search warrant until one week after his 17th birthday. Client does not have to register as a sex offender)5 years determinate probation
Promotion of Child Pornography in Montgomery County15 year old boy accused of forwarding a pic of himself engaging in a lewd sex act with another child. Sullivan persuaded the prosecutor not to file charges if client completed a counseling program.Case closed without charges filed
Sexual Assault16 year old boy accused of forcibly raping a 17 year old girl at her home.Dismissed on day of trial
Sexual Assault of a Child in Fort Bend County16 year old boy allegedly forced his girlfriend to have sex with him against her will. Sullivan persuaded prosecutor to not file case and for client to participate in first offenders program.Case closed without charges filed
Sexual Assault in Brazoria County16 year old boy was accused of sexual assault against an 18 year old girl during a teen drinking party.Case closed without charges filed

 

POSSIBLE CONSEQUENCES OF JUVENILE SEX OFFENSES:

DISCRETIONARY TRANSFER TO CRIMINAL COURT

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

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

DETERMINATE SENTENCE

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

INDETERMINATE SENTENCE

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

SEX OFFENDER REGISTRATION

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

DE-REGISTRATION – EXCUSING SEX OFFENDER REGISTRATION

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

Need an experienced Montgomery County Juvenile Lawyer? Call James Sullivan and Associates at (281) 546-6428 for a free confidential consultation.

WARNING TO PARENTS ABOUT SMART PHONES

Attorney Sullivan regularly warns parents of the dangers of unsupervised internet access for children, especially via a smart phone (e.g., I-Phone), but can also be by other mobile devices (e.g., I-Pad), computers or gaming systems (e.g., Play Station or Xbox). The danger is that children and young adults can easily access websites that offer free high speed, hard core pornography. These websites offer videos displaying every sexual deviancy imaginable and can easily warp the minds of children and young adults.

Since 1994, Sullivan has defended hundreds of juveniles and adults accused of felony sex offenses, including juveniles as young as 10. Over the last few years, about 80 percent of his juvenile cases stemmed from juveniles acting out with other children after having viewed hard core pornography on theirs or a friend’s smart phone, computer or gaming station. Obviously, cell phone service, gaming system and other internet related providers need to better warn parents of the dangers of these devices. By researching online or reading over the owner’s manual, you can learn how to block access to porn on your child’s smart phones although these filters are not 100% effective.

CASE EXAMPLES

The stories of Sullivan’s juvenile clients that stemmed from exposure to online pornography are heart wrenching, yet almost completely avoidable. Case examples include: a 13 year old boy impregnating his 11 year old sister, a 10 year old boy paying a 6 year old girl who lived next door for oral sex, a 14 year old boy engaging in sex acts with his 12 year old brother over a one year period, a 15 year old boy frequently having sex with his 12 year old adopted sister over a one year period and many more.

It is important for juveniles to receive professional counseling. In one memorable case, the children did not receive the counseling they needed and were later charged with serious felony sex offenses.  In that case, Sullivan was hired to represent a 14 year old boy who had fondled his 7 year old stepsister. The boy had two older brothers who were 15 and 16 years of age. The 15 year old was also accused of fondling the stepsister, and the 16 year old was accused of molesting children in a neighboring county.  Sullivan’s associate Nancy Botts was hired to represent the 15 year old. The 14 and 15 year old brothers received probation. The 16 year old was certified to stand trial as an adult. He was represented by a different law firm.

Seven years earlier when the older brother was 9 years old he began acting out sexually with his younger brothers, then ages 7 and 8. At that time, the older brother had received a smartphone as a Christmas present, used it to look at pornography online, shown the videos to his younger brothers and then began acting out with them in their bedroom. When they were caught in the act, the three brothers were separated and placed with different relatives. Unfortunately, none of the three children received any counseling.  Fast forward seven years and the three brothers are arrested and charged separately with serious felony sex offenses.

AREAS OF PRACTICE

Arson, Aggravated Assault, Assault, Assault Family Violence, Auto Theft, Burglary of a Habitation, Child Abuse, Computer Crime, Cruelty to Animals, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Grand Jury, Indecency with a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, Theft, White Collar Crime, and all Juvenile Crime, Juvenile Certification and Juvenile Sex Crimes.

 

Montgomery County Texas Juvenile Lawyer | Conroe Criminal Attorney James Sullivan

Sunday, April 27th, 2014

Montgomery County Texas Juvenile Lawyer

Conroe, Texas 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 possession of marihuana to felony murder.  He provides a strong legal defense.

Attorney James Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization.  He 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.

Juvenile Law Is Not Criminal Law

Juvenile Law is different than criminal law.  Many criminal defense lawyers advertise that they are also juvenile defense lawyers, yet they may never have tried a juvenile case to a jury.  In order to hold oneself out as a true expert in Juvenile Law, a lawyer has to be Board Certified in juvenile law. To become Board Certified, an attorney must:

  • have been licensed to practice law for at least five years,
  • devoted a required percentage of practice to a specialty area for at least three years,
  • handled a wide variety of matters in the area to demonstrate experience and involvement (including at least 3 jury trials, 5 non-jury trials and 3 certification hearings),
  • attended continuing education seminars regularly to keep legal training up to date,
  • been evaluated by fellow lawyers and judges, and
  • passed a 6-hour written examination.

NTL-top-100-memberThe parents of children caught up in the juvenile justice system are very concerned about how their child’s misdemeanor or felony delinquency case could impact their future.  This is a very valid concern.  Colleges and universities have access to juvenile records.  Clearly, a juvenile delinquent is less likely to receive a highly coveted admission to a top school.  Licensing agencies of government have access and a juvenile record could impact their career path.  Also, law enforcement has access to juvenile records.  When juveniles are stopped by the police, they may be treated differently when the police know that they have a record.  There are several other ways that a juvenile record could impact your child.

If your child needs a juvenile defense lawyer, contact Conroe Attorney James Sullivan at (281) 546-6428.

AREAS OF PRACTICE

Arson, Aggravated Assault, Assault, Assault Family Violence, Auto Theft, Burglary of a Habitation, Child Abuse, Computer Crime, Cruelty to Animals, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Grand Jury, Indecency with a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, Theft, White Collar Crime, and all Juvenile Crime, Juvenile Certification and Juvenile Sex Crimes.

Aggravated Assault | Montgomery County Criminal Lawyer James Sullivan

Tuesday, November 12th, 2013

Aggravated Assault

Aggravated assault or assault with a deadly weapon is a serious felony offense in Montgomery County, Texas.   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 Montgomery County 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 Montgomery County who will fight for you.

Attorney James Sullivan

If you have been charged with the criminal offense of aggravated assault in Montgomery (Conroe), or any of the surrounding counties in Texas, including Harris county (Houston), 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 Montgomery County

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 Montgomery County

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

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 Conroe

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

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

Grand Jury Defense for Aggravated Assault Charges

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

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

NTL-top-100-memberJames 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 initial consultation at (281) 546-6428 about your aggravated assault charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.

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

CRIMINAL OFFENSEACTUAL RESULTSCT #
Aggravated Assault in Fort Bend CountyCASE DISMISSED BY GRAND JURY (Client allegedly threatened her mother with a knife)268th
Aggravated AssaultCASE DISMISSED 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)351st
Aggravated Assault in Montgomery CountyCASE DISMISSED BY GRAND JURY (Client shot and seriously wounded a violent felon who was trying to steal his car at nighttime)359th
Aggravated AssaultNOT GUILTY VERDICT BY JURY (Client believed he was about to be robbed by 2 men outside a bar; client claimed self-defense)232nd
Aggravated Assault in Montgomery CountyREDUCED TO MISDEMEANOR UNLAWFUL RESTRAINT WITH DEFERRED ADJUDICATION AFTER IT WAS SET FOR A JURY TRIAL (Client allegedly pistol whipped an adult teen after he and his 3 friends 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)359th
Aggravated Assault Family ViolenceCASE DISMISSED BY GRAND JURY (Client accused of throwing a 12 lb glass trophy at his father and hitting him in the back)178th
Aggravated Assault Family Violence (Felony Habitual)CASE DISMISSED 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)180th
Aggravated AssaultJURY TRIAL SETTING: DISMISSED BY STATE (Juvenile client allegedly attacked an older boy with a handmade weapon after the older came over to his house to kill him)315th
Aggravated Assault Family ViolenceCASE 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 AssaultREDUCED TO MISDEMEANOR DEADLY CONDUCT WITH TIME SERVED AFTER IT WAS SET FOR A JURY TRIAL (Client was accused of threatening a woman with a firearm in Galveston County)405th
Aggravated Assault Family ViolenceCASE REDUCED TO MISDEMEANOR DEADLY CONDUCT with 30 days of actual jail time (Client accused of ramming into his girlfriend's car with her in it with his car)230th
Aggravated Assault in Brazoria CountyPUNISHMENT reduced to 9 months regular probation at home (At 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 backed down and agreed)CCL 4
Aggravated Assault Family ViolenceCASE 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 AssaultCASE DISMISSED 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)
Aggravated AssaultCASE DISMISSED (Juvenile 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 ViolenceCASE DISMISSED (Juvenile client was accused of threatening her mother with a steak knife)315th
Aggravated Assault Family ViolenceCASE DISMISSED BY GRAND JURY (Client was accused of intentionally trying to drive into and strike his girlfriend)183rd
Aggravated AssaultCASE DISMISSED (Juvenile client was accused of threatening to stab classmate in the neck with a pair of sharp scissors)314th
Aggravated Assault Family ViolenceCLIENT 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)174th
Aggravated Assault Family ViolenceCASE DISMISSED BY GRAND JURY (Client accused of intentionally driving into and hitting the new girlfriend of her ex-boyfriend)232nd
Aggravated AssaultCASE DISMISSED BY GRAND JURY (Client accused of hitting man in head with beer bottle outside a bar; client claimed self-defense)232nd
Aggravated Assault Against a Public ServantCASE DISMISSED BY GRAND JURY (Police Officer shot at 4 unarmed teenagers in a truck and claimed that client pointed a gun at him) - Case # 1291937263rd
Aggravated AssaultCASE DISMISSED BY GRAND JURY (Client accused of hitting other woman in head with metal pole) - Case # 1281977174th
Aggravated AssaultCASE DISMISSED BY GRAND JURY (Client allegedly brandished a knift and threatened another guy who had stolen his property) - Case # 1270564176th

Theft Crimes Defense in Montgomery County Texas

Monday, September 23rd, 2013

Montgomery County Theft Crime Defense

Montgomery County Criminal Attorney James Sullivan represents clients on misdemeanor and felony theft offenses in Conroe 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 negatively 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 Montgomery County Theft Crime 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 people 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 criminal case sealed or expunged.

Call Conroe Theft Crime Lawyers James Sullivan at 281-546-6428 for a free consultation.

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.

If you have been charged with shoplifting or any other theft related crime, you need a Conroe theft crime attorney to represent you.  You may face serious consequences if you have been arrested for theft in Conroe or the surrounding 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 1st 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).
Montgomery County Criminal 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.  Conroe Criminal Attorney James Sullivan gets proven results.

Contact Montgomery County Criminal Attorneys James Sullivan and Associates at 281-546-6428 for a free initial consultation and case evaluation.

Child Abuse Defense in Montgomery County Texas

Monday, September 23rd, 2013

 

Montgomery County Texas Texas Injury to a Child Defense

Parents, family members, guardians or caretakers of children are often alarmed or stunned that they are accused of child abuse or neglect.  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.

Under Investigation? Call Montgomery County Criminal Lawyer James Sullivan at (281) 546-6428 to discuss your case.

Charges or accusations of child neglect or abuse do not have to result in a criminal conviction.  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 the accused has the immediate right to seek an expunction of the charge from his 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.  Montgomery County Criminal Attorney James Sullivan has a very successful record at winning felony cases at the grand jury level.

Even if you are indicted by the grand jury, to become convicted, the state prosecutor has to prove each and every element of the offense beyond a reasonable doubt.   This burden of proof is very high and the State often has difficulty 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. 

Conroe Texas Child Abuse Lawyer

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

What is Child Abuse in Montgomery County?

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

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

What is Child Neglect in Montgomery County?

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

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

Conroe Texas 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).

Conroe Texas 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.

Contact a Conroe Texas Child Abuse Lawyer

James Sullivan & Associates | Conroe Texas Child Neglect Attorney

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

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

 

Assault Family Violence | Montgomery County Texas Criminal Lawyer James Sullivan Fights at Trial

Monday, September 23rd, 2013

Montgomery County Texas Domestic Assault Defense Lawyers

Misdemeanor Family Violence 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 involving Family Violenc? 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.

Montgomery 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

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

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

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

CRIMINAL OFFENSEACTUAL RESULTS - FAMILY VIOLENCE CASESCT #
AGGRAVATED ASSAULT FAMILY MEMBER in Fort Bend CountyCASE DISMISSED BY GRAND JURY (Client was accused of threatening her mother with a knife)268th
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 MEMBERCASE REDUCED TO MISDEMEANOR DEADLY CONDUCT with 30 days of actual jail time (Client accused of ramming his car into his girlfriend's car with her in it)230th
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 MEMBER BY IMPEDING BREATHINGREDUCED TO MISDEMEANOR ASSAULT with two years of defeferred adjudication probation (Client accused of choking his wife and was facing 2-20 years in prison as a family violence second offender)263rd
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
ASSAULT FAMILY MEMBER BY IMPEDING BREATHINGCASE REDUCED TO MISDMEANOR ASSAULT with 4 weekends of work instead of jail time. Client accused of choking his girlfriend. She then went to get her gun and they fought over the weapon until he could remove it from the house. Client served prison time in another state and could have faced 25 years to life in prison.230th

 

Montgomery County Criminal Lawyers

Wednesday, July 17th, 2013

Montgomery County Criminal Defense

IMG_2934BConroe, Texas Attorney James (Jim) Sullivan is an experienced criminal trial lawyer. James Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts since 1994. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

James Sullivan graduated from Gerry Spence’s Trial Lawyers College, the most selective and prestigious trial advocacy program in America, and was invited to join The National Trial Lawyers organization, a professional organization composed of reputable trial lawyers from across the country.

Need a Conroe Criminal Defense Lawyer? Contact James Sullivan and Associates at 281-546-6428 for a confidential free consultation.

Fighting for the People, Getting Cases Dismissed

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.

Reputation

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

Being arrested for the first time, I wasn’t sure who to turn to for help. Long story short, I did something that I shouldn’t have, spanked me daughter with an umbrella. I was under a lot of stress and it didn’t help that her behavior was drastically changing for the worst. The next day I […]

Bebe C.

I am so glad that I met Attorney Jim Sullivan. He was very helpful and he calmed my nerves when I first met him. He spent over three hours talking to me and my father about ways to get my case resolved. He didn’t have to go this late but he took his time and […]

L.O.

Mr. James Sullivan, I wanted to take this opportunity to say thank you for your assistance in our child’s case. Having never been in this situation before, I found myself doing a significant amount of research into finding an attorney. As it turned out, you were the most experienced attorney not only with this type […]

Anonymous Parents

Superb Lawyer! In August 2013, our family entered into the hardest trial and hardship of our lives to date when our teenage son was accused of fondling his younger sister and later arrested for indecency with a child. Our world was shaken, turned upside down and inside out. During a time like this, you feel […]

Mary M

In May 2017 our son was arrested on our own property and charged with deadly conduct after a group of teens tried to jump him after school. Our son cannot defend himself because of serious shoulder injuries. When one of the teens tried to shove me aside to get to him, our son went in […]

A.G.

On March 4, 2016, my son was arrested and charged with aggravated assault in Montgomery County. Around 1am that night 5 men came to my son’s apartment in 2 different vehicles, one stolen along with guns, ski masks and gloves. My son heard them outside and looked from the balcony and saw one of them […]

Andreda C.

The law practice of James Sullivan is devoted solely to criminal and juvenile defense. 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.

Results Matter

James Sullivan gets proven results. Over the past 23 years, Sullivan has defended more than 3,000 people charged with every kind of criminal and juvenile case, including murder, aggravated robbery, drug cases, sex offenses, domestic assault and DWI.

Philosophy

James Sullivan practices criminal law with a simple philosophy. If a client says he is not guilty, and if the prosecutor will not dismiss the charge, then 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’ rights, freedom and future at trial.

Legal Services for a Reasonable Fee

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

Cares About His Clients

James Sullivan cares about his adult and juvenile clients and is concerned about their future. He frequently counsels with clients at his office for at least an hour. He invests the necessary time to get to know them and their legal problem, and not just the facts but also the emotions underneath. Ultimately, a good trial lawyer knows that emotion persuades a jury far better than logic. After all, people make decisions at gut level and then use their head to support it. The attorneys trained at the Trial Lawyers College get this. Even if a client is not fighting his case at trial, it is important to understand the client’s story fully in order to get the best result.

Because Sullivan understands that people need to honor work and family commitments, he offers afternoon, early evening and same day appointments along with free parking.

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 Sullivan’s clients have been able to do this within a few months of being arrested.
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 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. (Avvo Review)

Board Certified in Juvenile Law

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

Bilingual

Conroe Criminal Lawyer 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 25 years and have two children. They worship at a local Catholic church. James Sullivan is also an Eagle Scout.

Nancy Botts

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

Need experienced Montgomery County Criminal Defense Lawyers? Call James Sullivan and Associates at 281-546-6428 for a free confidential consultation.

AREAS OF PRACTICE

Arson, Aggravated Assault, Assault, Assault Family Violence, Auto Theft, Burglary of a Habitation, Child Abuse, Computer Crime, Cruelty to Animals, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Grand Jury, Indecency with a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, Theft, White Collar Crime, and all Juvenile Crime, Juvenile Certification and Juvenile Sex Crimes.