Posts Tagged ‘Sex crimes lawyer’


Waller County Sexual Assault Lawyer | Hempstead Sex Crimes Attorney James Sullivan Fights for his Clients

Monday, April 11th, 2016

Waller County Sexual Assault of a Child Lawyers

Hempstead, Texas Sex Crimes Defense Attorneys

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

Under Investigation?  Contact Waller County Sexual Assault Defense Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

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

John now faces serious sex offense charges. There are several important legal issues to consider:

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

Experienced Waller County Sex Crimes Defense Attorneys

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

James Sullivan and Associates are Waller County Criminal Defense Attorneys with over 45 combined years of defense experience.  Call James Sullivan and Associates today at (281) 546-6428 for a free confidential consultation.

Waller County Sex Crimes Lawyer James Sullivan Wins Cases at the Grand Jury Level

Why Fight a Felony Case at the Grand Jury Level?

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

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

James Sullivan and Associates | Hempstead Texas Sex Crimes Defense Attorney

James Sullivan graduated from the Trial Lawyers College founded by Legendary lawyer Gerry Spence and was invited to join The National Trial Lawyers organization. Sullivan is also Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Sullivan has a proven record of defending people from all walks of life, faiths and countries in courts 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 OFFENSE RESULT CASE #
SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of having sex with 16 year old girl who falsely claimed she was 18) 1332791
SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) 1283460
SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) 1264919
SEXUAL ASSAULT OF A CHILD (2° Felony) DISMISSED BY STATE PRIOR TO TRIAL SETTING (Client accused of committing sexual assault against a young relative) 1220515
SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) 1231727

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

Sex Crimes

Friday, March 6th, 2015

Houston Sex Crimes Lawyer

IMG_2934BSex Crimes Defense Attorney in Harris County, Texas

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

The criminal defense lawyers at James G. Sullivan and Associates work hard to defend the rights and protect the futures of their clients. They have the necessary knowledge and legal training to defend these challenging cases. James (Jim) Sullivan graduated from Gerry Spence’s Trial Lawyers College, the most selective and prestigious trial advocacy program in America.

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

Harris County Sex Crimes Lawyer

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

Contact James Sullivan & Associates for a free phone consultation at (281) 546-6428 about your sex crime charges in Harris County (Houston), Montgomery County (Conroe), Fort Bend County (Richmond), Brazoria County (Angleton), Galveston County (Galveston), Matagorda County (Bay City), Waller County (Hempstead), Washington County (Brenham), Liberty County (Liberty), Chambers County (Anahuac), Jefferson County (Beaumont) and throughout Texas.  This is one of Sullivan’s many client reviews on AVVO:

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.

–Posted by a Criminal Client on November 11, 2012

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

OFFENSEACTUAL RESULTSCT #
Aggravated Sexual Assault of a Child (1˚ felony) in Galveston CountyNO BILLED BY GRAND JURY (Client, a 17 year old teen with autism, accused of forcing his younger special needs brother to give him oral sex)10th
Indeceny with a Child by Contact (2° Felony) in Brazoria CountyCASE REDUCED AT TRIAL SETTING TO NON-SEX FELONY ENTICING A CHILD with deferred adjudication (Client was accused of touching his young stepdaughter)412th
ONLINE SOLICITATION OF A MINOR (2° Felony) in Montgomery CountyPSI Hearing: 7 years Deferred Adjudication probation (Client was accused of showing up to meet with underage female in HPD sting operation initiated with Craig's List ad. Prosecutor only offered prison time)9th
Sexual Assault (2° Felony) in Harris CountyCASE NOT FILED (Two teenage boys allegedly sexually assaulted a 17 year old female female. Thorough investigation by Sullivan within days of being hired cast serious doubt on the complainant's credibility and was enough to persuade the police to close the investigation without charges being filed)
Indecency with a Child by Contact (2° Felony) in Montgomery CountyCASE DISMISSED BY STATE PRIOR TO FIRST COURT SETTING (13 year old boy allegedly touched his 5 year old niece inappropriately in his bedroom. Thorough investigation by Sullivan within days of being hired was enough to persuade the prosecutor to do the right thing without client having to go through juvenile processing, an exceptionally rare result)CCL 5
Sexual Assault of a Child (2° Felony) in Fort Bend CountyCASE CLOSED after completion of Boundary counseling (16 year old boy allegedly forced his girlfriend to have sex with him against her will) – Agreement was reached with prosecutor to not file case and for client to participate in first offenders program.
Indecency with a Child by Contact (2° Felony) in Galveston CountyCASE DISMISSED after completion of deferred prosecution (13 year old boy allegedly touched a girl inappropriately while riding home on the school bus)CCL 2
Indecency with a Child by Contact (2° Felony) in Waller CountyPSI HEARING: 6 years TDC (Adult client originally faced 25 years to Life on Continuous Sexual Abuse of a Child. Client had sexual contact with a 13 year old stepdaughter over a one year period)506th
Indecency with a Child by Contact (2° Felony) in Montgomery CountyCASE DISMISSED (16 year old boy allegedly touched a female student inappropriately at his high school)CCL 5
Online Solicitation of a Minor (2˚ felony)CASE DISMISSED (19 year old man was accused of talking about sex related topics with a 12 year old girl online although there was no intention of ever meeting up with her. James Sullivan and his associate Nancy Botts totally disagreed with the law that has ruined hundreds of lives by making it a felony just to talk about sex topics with minors online or people pretending to be minors, so they filed a pre-trial writ of habeas corpus challenging the constitutionality of the law. While his appeal was still pending, a similar appeal filed earlier on a different case by a Houston colleague accomplished the same result. On October 30, 2013, the Court of Criminal Appeals declared Texas Penal Code §33.021(b) unconstitutional on 1st Amendment grounds. The next day, the client’s case was dismissed)182nd
Aggravated Sexual Assault of a Child (1˚ felony)NOT GUILTY VERDICT BY JURY (James Sullivan persuaded a jury in the 314th District Court of Harris County to find his 15 year old male client not guilty of molesting his niece. The client was accused of inserting his finger into the sexual organ of his 2½ year old niece and his 4 year old nephew was an alleged eyewitness. The niece did have injuries documented in a medical examination, but a thorough defense investigation uncovered severe credibility issues with the children and their mother, the outcry witness, and other reasonable explanations for the injuries were not investigated by law enforcement. Prior to trial, the State sought a determinate sentence which, if convicted of the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)314TH
Indecency with a Child (2° Felony) in Montgomery CountyCASE DISMISSED BY GRAND JURY (Adult client was accused of sexually abusing his 16 year old nephew) – Case was presented to Grand Jury before charges were filed.
Aggravated Sexual Assault of a Child (1˚ felony) in Montgomery CountyCASE DISMISSED (A 16 year old boy with autism was accused of raping his 14 year old male cousin during a sleepover. Law enforcement failed to interview the accused’s parents, failed to visit the alleged crime scene and failed to investigate the complainant’s father, a registered sex offender with a lengthy history of abusing children, as a possible perpetrator. Before Sullivan could set the case on the trial docket, the State did the right thing and dismissed the case)359th
Indecency with a Child (2° felony) in Montgomery CountyCASE DISMISSED (a 15 year old boy was accused of holding a 15 year old girl down on the floor during class and fondling her through her clothing against her will) 359th
Indecency with a Child (2° felony) in Montgomery CountyCASE DISMISSED (an 11 year old boy was accused of fondling two other students against their will while on the school bus)359th
Aggravated Sexual Assault of a Child (1˚ felony)CASE DISMISSED ON DAY OF JURY TRIAL (A 15 year old boy was accused of having consensual sex with a 12 year old girl in her bedroom while two teenage friends allegedly listened in the adjoining room. Prior to trial, the State sought a determinate sentence which, if convicted of the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)315th
Sexual Assault (2˚ felony)CASE DISMISSED AFTER CASE SET FOR JURY TRIAL (A 16 year old boy was accused of forcibly raping a 17 year old girl at her home. Prior to the dismissal, the State sought a determinate sentence which, if convicted of the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)315th
Indecency with a Child (2° felony)CASE DISMISSED (A 13 year old boy was accused of fondling a 12 year old girl against her will at school. Prior to dismissing the case, the State offered his client probation at home)315th
Aggravated Sexual Assault of a Child (1˚ felony) in Montgomery CountyCASE DISMISSED (A 12 year old boy was accused of fondling a 2 year old girl at his home)359th
Aggravated Sexual Assault of a Child (1˚ felony) in Fort Bend CountyCASE REDUCED TO MISDEMEANOR ASSAULT (A 16 year old boy was accused of fondling with digital penetration his 14 year old sister against her will when he was 14 and she was 12 years old)CCL 2
Aggravated Sexual Assault of a Child (1˚ felony)CASE REDUCED TO MISDEMEANOR ASSAULT ON DAY OF JURY TRIAL (a 16 year old boy was accused of sexually abusing his 6 year old half-sister. Prior to trial, the State sought a determinate sentence which, if convicted on the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)315th
Indecency with a Child (2° felony)CASE REDUCED TO MISDEMEANOR INDECENT EXPOSURE ON DAY OF JURY TRIAL (A 14 year old boy was accused along with two other boys of fondling a 13 year old girl at school against her will. Prior to trial, the State sought a determinate sentence which, if convicted on the felony, could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28)315th
Indecency with a Child (2° felony)CASE REDUCED TO MISDEMEANOR PUBLIC LEWDNESS ON DAY OF TRIAL (A 14 year old boy was accused of fondling a 7 year old boy outside in their apartment complex)315th
Aggravated Sexual Assault of a Child (1˚ felony) in Brazoria CountyCASE REDUCED TO NON-SEX FELONY OF ENTICING A CHILD (a 13 year old boy was accused of fondling his 6 year old stepsister. When the boy was 7, he was sexually abused by an older brother but never received any counseling. Unfortunately, six years later, he impulsively acted out on the behaviors he learned at a young age)CCL 2
Sexual Assault of a ChildCASE DISMISSED BY GRAND JURY (Adult client was accused of having sex with 16 year old girl that falsely claimed she was 18) – Case # 1332791185th
(2° Felony)
Failure to Comply with Sex Offender Registration (Habitual Felony enhanced)SENTENCED TO 2 YEARS TDC ON SECOND JURY TRIAL SETTING AFTER ORIGINALLY FACING 25 YEARS TO LIFE IN PRISON (Adult client was accused of failing to register after the 5th year) – Case # 1319150337th
Failure to Comply with Sex Offender Registration (3° Felony)CASE DISMISSED (Adult client was accused of violating sex offender registration rules) - Case # 1283222228th
Sexual Assault (2° Felony)JURY TRIAL - JURY FOUND CLIENT GUILTY AND RECOMMENDED PROBATION (Adult client received 5 years of probation. Prior to trial, State’s best offer was 5 years at TDC) – Case # 1072069178th
(2° Felony)
Motion to De-Register as a Sex OffenderGRANTED (A registered juvenile sex offender was allowed to de-register. Now 18, the client wanted to transfer to Texas A&M)314th
(2° Felony)
Motion to Adjudicate Guilt (Indecency with a Child) (2° Felony)MADJ DISMISSED AND ADULT CLIENT RE-INSTATED ON PROBATION - Case # 1114342339th
Sexual Assault of a ChildCASE DISMISSED AFTER CASE WAS SET FOR JURY TRIAL (Adult client faced sex offender registration for life) – Case # 1220515179th
(2° Felony)
Compelling Prostitution of a Child (2° Felony) (Felony Habitual enhanced)SENTENCED TO 5 YEARS TDC PRIOR TO SECOND JURY TRIAL SETTING AFTER FACING 25 YEARS TO LIFE IN PRISON (Adult client was accused of forcing a 16 year old runaway girl to have sex for money)179th
Aggravated Sexual Assault of a Child (1° Felony)CASE DISMISSED BY GRAND JURY (Adult client was accused of molesting his sister-in-law) – Case Expunged177TH
Indecency with a ChildSENTENCED TO 2 YEARS TDC ON JURY TRIAL SETTING AFTER FACING 25 YEARS TO LIFE IN PRISON – Case # 1202760178th
(Felony Habitual enhanced)
Motion to Revoke Probation (Indecency with a Child) (2° Felony) in Fort Bend CountyMOTION TO REVOKE DISMISSED AND JUVENILE CLIENT WAS RE-INSTATED ON PROBATION2
Possession of Child Pornography (2° Felony)5 YEARS PROBATION (Case was first filed in Criminal District Court as an adult case, later dismissed and re-filed in Juvenile Court one week before client’s 18th birthday, an exceptionally rare event. Government knew about child pornography when Client was 16 but did not execute search warrant until one week after his 17th birthday. Client does not have to register as a sex offender)314TH
Sexual Assault of a ChildCASE DISMISSED BY GRAND JURY (Adult client was accused of consensual sex with underage female) – Case # 1231727179th
(2° Felony)
Possession of Child Pornography (2° Felony)CASE DISMISSED – Case # 1218086176th
Promotion of Child Pornography (2° Felony)CASE DISMISSED – Case # 1218087176th
Indecency with a Child (3° Felony)CASE REDUCED TO MISDEMEANOR INDECENT EXPOSURE – Case # 1227653232nd
Indecency with a Child by Contact (2° Felony)CASE DISMISSED315th
Aggravated Sexual Assault of a Child (1° Felony) in Montgomery CountyCASE DISMISSED ON SECOND JURY TRIAL SETTING (Adult client was accused of sexually abusing his adopted daughter. Allegation arose soon after client filed for divorce from his wife) – Case Expunged359th
Indecency with a Child by Contact (2° Felony)CASE REDUCED TO MISDEMEANOR ASSAULT313th
Motion to Adjudicate Guilt (Indecency with a Child) (2° Felony)MADJ DISMISSED AND CLIENT RE-INSTATED ON PROBATION - Case # 1125649179th
Motion to De-Register as a Sex OffenderGRANTED (A registered juvenile sex offender was allowed to de-register. Now 17, the client wanted to de-register before he applied to attend college)314th
Aggravated Sexual Assault of a Child (1˚ felony) in Liberty CountyPROBATION (a 16 year old mentally challenged boy was caught in the act of fondling a 5 year old boy in the neighborhood. During a lengthy interview by Sullivan with the child at the detention center, the boy divulged that he had been molested at age six by a 14 year old cousin. Sullivan persuaded the State and the court to allow his client to receive probation with an older sister in Harris county)CCL
Aggravated Sexual Assault of a Child (1˚ felony) in Jackson CountyPROBATION (A 15 year old boy was accused of sexually abusing a younger brother over a one year period of time. Like so many juvenile sex offenders, the accused was exposed to explicit sex videos online via unsupervised Internet access at a young age and began acting out with a sibling. The probation department originally recommended placement at TJJD, formerly known as TYC, however Sullivan persuaded the prosecutor to be placed with the grandparents following a 9 to 12 months of sex offender counseling at a private placement at Pegasus School in Lockhart)CCL
Aggravated Sexual Assault of a Child (1˚ felony)PROBATION (A 12 year old boy was caught in the act of sexually abusing his 6 year old cousin. During a series of interviews with Sullivan, the boy divulged that he had been raped by an 18 year old acquaintance that had lived in the neighborhood. Sullivan persuaded the prosecutor to allow his client to receive probation and to live at home with his father)315th
Aggravated Sexual Assault of a Child (1˚ felony) in Montgomery CountyPROBATION (A 12 year old boy was caught in the act of fondling a 5 year old boy in the neighborhood. Sullivan initially persuaded the court to allow his client to stay at home with his parents and younger siblings, however his client later admitted to probation to fondling a younger half-brother in his home. Sullivan then persuaded the court to place his client with his grandmother in Chicago and to receive out-patient counseling even though the probation department sought placement at a residential treatment center)CCL 4

Fort Bend County Sexual Assault Lawyer | Sugar Land Sex Crimes Attorney James Sullivan

Tuesday, February 24th, 2015

Fort Bend County Sexual Assault of a Child Lawyers

Sugar Land Sex Crimes Defense Attorneys

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

Under Investigation?  Contact Sugar Land Sexual Assault Defense Attorney James Sullivan at 281-546-6428.

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

John now faces serious sex offense charges. There are several important legal issues to consider:

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

Experienced Fort Bend County Sex Crimes Defense Attorneys

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

James Sullivan and Associates are Fort Bend County Criminal Defense Attorneys with over 45 combined years of defense experience.  James Sullivan is also board certified in Juvenile Law by the Texas Board of Legal Specialization.  Juvenile Law is different than criminal law. Note: Among the more than 83,000 active lawyers in Texas, there are only 38 lawyers Board Certified in Juvenile Law in private practice.  You can call James Sullivan and Associates right now at 281-546-6428 for a free confidential consultation.

Sugar Land Sex Crimes Lawyer James Sullivan Wins Cases at the Grand Jury Level

Why Fight a Felony Case at the Grand Jury Level?

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

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

James Sullivan and Associates | Houston Texas Sex Crimes Defense Attorney

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

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

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

______________________________________________________________________________

DATE CASE # CT # TEXAS CRIMINAL OFFENSE ACTUAL RESULT
ALL CASES NO BILLED BY GRAND JURY WERE BASED ON DEFENSE PACKETS
04/19/12 1332791 185th SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of having consensual sex with underage girl he met on online after she falsely claimed that she was 18)
12/03/10 1283460 232nd SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)
08/24/10 1264919 232ND SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)
04/28/10 1220515 179TH SEXUAL ASSAULT OF A CHILD (2° Felony) DISMISSED BY STATE PRIOR TO TRIAL SETTING (Client accused of committing sexual assault against a young relative)
11/23/09 1231727 179TH SEXUAL ASSAULT OF A CHILD (2° Felony) NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)

________________________________________________________________________________

Juveniles Charged with Sex Crimes in Harris County Are on the Rise

Sunday, April 22nd, 2012

Harris County Juvenile Sex Crimes Defense

NTLAHouston Board Certified Juvenile Lawyer James (Jim) Sullivan frequently represents juveniles accused with committing sex offenses. Sullivan also represents accused when they are being investigated by CPS (Children’s Protective Services).  Sullivan has success in both representing juveniles in court and in indirectly persuading authorities to not file charges against the juvenile suspect.  Sullivan regularly represents juveniles and adults accused of sex offenses and other offenses in Harris, Fort Bend, Waller, Montgomery, Liberty, Brazoria and Galveston counties and throughout the state of Texas.  Sullivan has also defended juveniles accused of sex offenses in Jackson and Orange counties.

Juvenile sex offenses are serious offenses.  The consequences can be extremely serious.  A convicted juvenile sex offender could be made to register as a public sex offender until age 28.  The convicted juvenile could be facing years of confinement as a juvenile and possibly even later as an adult under the Determinate Sentencing laws.  If old enough and the allegations serious enough, the State could even seek certification of the juvenile to be charged as an adult and transfer proceedings to criminal district court.

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.  Call Sullivan at 281-546-6428 for a confidential consultation.

 According to an article by Cindy Horswell printed in the April 21, 2012 edition of the Houston Chronicle (see below), juvenile sex offenses are on the rise–

 HOUSTON CHRONICLE

 Sex crimes by juvenile offenders on the rise

In Harris County, those offenses are up 17%, while others are rapidly declining

By Cindy Horswell

Last fall, a Houston mother grew perplexed as to why her 8-year-old son was constantly crying and having trouble sleeping.

Then she received a phone call from a Houston policeman, who informed her that a surveillance camera had captured her son being sexually assaulted by two 10-year-old classmates on the school bus. The two older boys are set for a hearing on the assault in May.

Two more boys, ages 10 and 11, also are awaiting trial on accusations that they sexually assaulted an 8-year-old boy at a shelter for immigrant children in north Houston.

Similarly, six juveniles— including one middle school student— were accused of being among the 20 boys and men who gang-raped an 11-year-old girl in Cleveland in 2010.

Five of those juveniles have since admitted their guilt.

In the last five years, the number of juveniles committing sexual assaults has increased 17 percent in Harris County while most other major juvenile crimes have shown significant declines, probation records show.

Reasons not clear

Sex offenses climbed from 121 to 142 during that period, while other violent juvenile crimes such as murder and robbery declined, dropping by 28 percent and 24 percent.

Terrance Windham, chief of the juvenile division of the Harris County District Attorney’s Office, is unsure what’s provoking the rise in sex offenses. But in such a highly sexualized media world, where pornography is an Internet click away and MTV shows and music videos glamorize risky youth behaviors, Windham isn’t surprised, either. “When I was growing up, kids didn’t have the kind of access to what they do now,” he said.

Two therapists certified to treat juvenile sex offenders in Harris County, Robert McLaughlin and Ramon Alvarez, say the vast majority of the youths they treat have been exposed to pornography at an early age— sometimes as young as 7 years old.

Alvarez recalled treating one 7-year-old who was accidentally exposed to a porn star who popped up on the Internet when his mother typed in the word “Disney.”

“It stuck inhis head and then he later, trying to copy it, got into trouble with wrongful touching while playing with a neighbor’s child,” Alvarez said. “These days youdon’t have to seek out porn. It seeks you.”

But since most juveniles often have some exposure to porn, McLaughlin said it’s difficult to show any clear linkage to sexual assaults because not everyone will react aggressively to it.

Yet he and Alvarez believe some youths may be more vulnerable when exposed at a very early age, before puberty when their brain is still developing.

“Those who act out sexually may have more trouble with impulse regulation or anticipating consequences. They want to experiment,” McLaughlin said.

‘Real red flag’

Harris County juvenile court judge Mike Schneider said the juvenile sex offenders who attack strangers are rare and that would be a “real red flag” of a predator type.

“Usually, the perpetrator has had a relationship with the victim, such as a cousin, sibling or friend,” he said.

The U.S. Justice Department says 36 percent of sex crimes against children are committed by other children. Five percent of all sex offenders are younger than 9, and 16 percent are younger than 12, records show.

One of the latest studies disputes the stereotype that juvenile sex offenders are like the typical young delinquent who comes from a broken home with a criminal history, poor attitude, lacking social skills and substance abuse problems.

“Rather, our review of thousands of cases found juveniles who committed sex crimes were overall much less antisocial than those committing other offenses,” said Michael Seto, one of the foremost authorities on adolescent sex offenders, who coauthored the study.

Seto, with the Royal Ottawa Healthy Care Group in Canada, found the average sex offender was generally a socially isolated individual who had developed an “atypical” interest in sex (from coercion to incest), been abused sexually and exposed early to pornography.

“The single biggest surprise to me from this study was how incredibly young the first exposure was to porn. Now we’re talking about hard-core porn with fetish content and unusual stuff being exposed to elementary students,” he said, adding that more research is needed into the role porn plays.

The good news, according to therapists, is that early intervention is effective with children.

After treatment, the recidivism rate averages 14 percent nationally for adolescent sex offenders, compared to 40 percent for similar adult offenders.

 

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