Need a Juvenile Lawyer? Call James Sullivan at (281) 546-6428.
DIGNITY, EMPATHY AND COMPASSION
Jim 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.
Jim Sullivan
will work hard to persuade the State to non-suit (dismiss) your child’s
case, to obtain an acquittal (not true) at trial or as a last result
to negotiate a reasonable plea bargain. To get the best result is his goal. From the outset, he will work to
have your child released from the detention center and then work toward
keeping him or her at home and from having to register as a sex
offender. In fact, not one of his juvenile clients has had to register
as a sex offender. Such registration can be devastating to a child’s
development and to his or her future.
Jim Sullivan is an expert in the field of juvenile law and has successfully
represented juveniles charged with sex offenses and other felony and
misdemeanor offenses in Houston and throughout 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.
Need a Juvenile Defense Lawyer? Call James Sullivan & Associates at (281) 546-6428.
JUVENILE SEX OFFENSE
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 (such as over the Internet with a smartphone or computer) 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.
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.
Aggravated Sexual Assault of a Child -- Jury Trial: Not True (Acquitted)
Sullivan won a jury trial for a 15 year old boy accused of digital
penetration of his 2 1/2 year old niece and her 4 year old brother was
an alleged eyewitness. Client absolutely denied it and the jury
agreed. The State was seeking a determinate sentence.
Aggravated Sexual Assault of a Child – Non-Suited (Dismissed)
Sullivan won a dismissal for a 15 year
old boy accused of having consensual sex with a 12 year old girl in her
bedroom while two teenage friends allegedly listened in the adjoining
room. The boy could then petition to have his juvenile record sealed
immediately.
Sexual Assault – Non-Suited (Dismissed)
Sullivan won a dismissal one month
before trial for a 16 year old boy accused of forcibly raping a 17 year
old girl at her home. Prior to the dismissal, the State sought a
determinate sentence which 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. The boy could then petition to have his
juvenile record sealed immediately.
Indecency with a Child – Non-Suited (Dismissed)
Sullivan won a dismissal for a 13 year
old boy accused of fondling a 12 year old girl against her will at
school. Prior to the dismissal, the State offered a year of probation at
home, however the boy would have had to wait until he was 19 in order
to seal his record. The boy could then petition to have his record
sealed immediately.
Indecency with a Child – Non-Suited (Dismissed)
In Montgomery County, Sullivan persuaded
the State to dismiss his 11 year old client’s felony cases upon
completion of a short counseling program. The boy was accused of
fondling two students against their will. The boy can petition the
court to have his arrest record sealed now rather than having to wait
until age 19.
Aggravated Sexual Assault of a Child – Non-Suited (Dismissed)
In Montgomery County, Sullivan persuaded
the State to dismiss his 12 year old client’s felony case upon
successful completion of juvenile sex offender counseling. The boy was
accused of fondling a two year old girl. The boy can petition the court
to have his record sealed after the nine months of counseling rather
than having to wait until age 19.
Aggravated Sexual Assault of a Child – Reduced to misdemeanor Assault
Sullivan secured reduction to a
misdemeanor assault for a 16 year old boy charged with aggravated sexual
assault of a child and indecency with a child involving his six year
old half-sister. On the day of trial, Sullivan persuaded the State to
reduce the charges from a determinate felony case to a misdemeanor
assault and to allow his client to receive one year probation on a
misdemeanor assault charge. Two years after his probation is over, the
child can petition the court to seal his record.
Indecency with a Child – Reduced to misdemeanor Indecent Exposure
Sullivan secured reduction to a
misdemeanor for a 14 year old boy charged with indecency with a child.
He and two other boys were accused of fondling a 13 year old girl at
school against her will. Prior to trial, Sullivan persuaded the State to
reduce the charges from a determinate felony case to a misdemeanor
indecent exposure and allowed his client to receive probation at home.
Two years after his probation is over, the child can petition the court
to seal his record.
Indecency with a Child – Reduced to misdemeanor Assault
Sullivan secured reduction to a
misdemeanor for a 15 year old boy charged with indecency with a child.
He allegedly fondled a six year girl who was visiting him at home. On
the tenth jury trial setting close to his 18th birthday, Sullivan
persuaded the State to reduce the charge from a determinate felony case
to a misdemeanor case and allowed his client to receive two months of
probation at home. His client subsequently enrolled in college. At age
19, the child can petition the court to seal his record.
Indecency with a Child – Reduced to misdemeanor Public Lewdness
Secured reduction to a misdemeanor for a
14 year old boy accused of fondling a 7 year old boy outside in their
apartment complex. On the day of trial, Jim Sullivan persuaded the State
to reduce the charges from a serious felony to a misdemeanor and to
allow his client to receive one year probation at home. Two years after
his probation is over, the child can petition the court to seal his
record.
Aggravated Sexual Assault of a Child – Reduced to non sex felony of Enticing a Child
In Brazoria County, Sullivan secured a
three indeterminate probation at home with the mother for a 13 year old
boy accused of fondling his 6 year old step sister. As a result of the
disposition on a non sex related offense, the client can never be
required to register as a sex offender. At age 19, the child can
petition the court to seal his record.
Aggravated Sexual Assault of a Child – Reduced to misdemeanor Assault
In Fort Bend County, Sullivan persuaded
the State to allow his client to participate and complete juvenile sex
offender counseling in exchange for a misdemeanor Assault without a
disposition and without any probation. His 16 year old client was
accused of fondling his 14 year old sister. Two years later the child
can petition the court to seal his record.
Aggravated Sexual Assault of a Child – Two year indeterminate probation at home
Sullivan secured a two year
indeterminate probation at home with the father for a 12 year old boy
who was caught in the act of molesting his six year old cousin. During a
series of interviews, the boy divulged that he had been raped by an 18
year old acquaintance that lived in the neighborhood. The father filed
charges against that adult. Sullivan persuaded the State to allow his
client to receive probation without sex offender registration. He can
have his record sealed at age 19.
Aggravated Sexual Assault of a Child – Two year indeterminate probation with older sister
In Liberty County, Sullivan secured a
two year indeterminate probation with placement with an older sister in
Harris County for a 16 year old mentally challenged boy who was caught
in the act of fondling a 5 year old boy in the neighborhood. During a
lengthy interview at the detention center, the boy divulged that he had
been molested by an older cousin at age six. Sullivan persuaded the
State and the court to allow his client to receive probation without sex
offender registration. He can have his record sealed at age 19.
Aggravated Sexual Assault of a Child – Two year indeterminate probation with grandmother
In Montgomery County, Sullivan secured a
two year indeterminate probation with placement with the maternal
grandmother in Chicago for a 12 year old boy caught 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 fondling a younger half-brother in
his home. Sullivan then persuaded the court to allow his client to be
placed with his grandmother and to receive out-patient counseling even
though the probation department sought placement at a residential
treatment center in central Texas. The child can have his record sealed
at age 19.
Need Legal Advice? Call James Sullivan & Associates at (281) 546-6428.
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, Jim 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. Jim 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
Jim Sullivan
has also been successful in persuading juvenile courts to allow
juveniles to be excused from further sex offender registration that
would otherwise be required by Chapter 62 of the Texas Code of Criminal
Procedure. A juvenile ordered to register as a sex offender only has two
chances to request de-registration as a sex offender. Therefore, it is
important to retain an attorney experienced in the process. Ideally, it
is better to request de-registration prior to the juvenile’s 18th
birthday when he would otherwise have to begin registering as an adult
until age 28. However, the juvenile can still request de-registration
even after having reached age 18 or older. If you or your child were
ordered to register as a sex offender by a juvenile court and want to be
excused from further registration or if your child is charged with a
sex offense, then call Jim Sullivan at 281-546-6428. He can help you and he wants to hear from you.
