Fort Bend County Juvenile Sex Crimes Defense
Sugar Land Board Certified Juvenile Defense Attorney
Juvenile sex offenses, of course, can stem from other
reasons. Children can be influenced to act out when they have been exposed to
pornography online 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.
If your child was arrested, contact Attorney James Sullivan at 281.546.6428 for a free
confidential consultation.
DIGNITY, EMPATHY AND COMPASSION
Sugar Land Juvenile Lawyer James Sullivan is Board Certified in Juvenile Law. Sullivan also 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 young people from all
walks of life, faiths and countries in courts throughout southeast 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 Richmond 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 James Sullivan has represented. Past
results are not a guarantee of a similar result in any future case. All cases were in Harris County unless otherwise noted.
Aggravated Sexual Assault of a Child – NOT GUILTY VERDICT
BY A JURY
Sullivan persuaded a jury in the 314th District
Court to find his 15 year old client not guilty of abusing his
niece. The client was accused of abusing 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.
Aggravated Sexual Assault of a Child – DISMISSED
In Montgomery County, Sullivan persuaded the State to
dismiss his 16 year old client’s felony sex offense. The client has Asperger’s
Syndrome and 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 prior to the second court
setting.
Aggravated Sexual Assault of a Child – 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 – 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 – 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 – 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.
Indecency with a Child – DISMISSED
In Montgomery County, Sullivan
persuaded the State to dismiss his 15 year old client’s felony case upon completion
of a short counseling program. The boy was accused of touching against her will
and through her clothing the genitals of a female student in his class.
Aggravated Sexual Assault of a Child – 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 – 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 A
MISDEMEANOR
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 – REDUCED TO A
MISDEMEANOR
Sullivan secured reduction to a misdemeanor indecent exposure for a 15 year old boy charged with aggravated sexual assault of a child involving his six year old sister. His client received 18 months of probation at home and will have to complete sex offender counseling, however he can petition the court to seal his record two years after completing his probation.
Sullivan secured reduction to a misdemeanor indecent exposure for a 15 year old boy charged with aggravated sexual assault of a child involving his six year old sister. His client received 18 months of probation at home and will have to complete sex offender counseling, however he can petition the court to seal his record two years after completing his probation.
Aggravated Sexual Assault of a Child – REDUCED TO A
MISDEMEANOR
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 A MISDEMEANOR
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 A MISDEMEANOR
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 A MISDEMEANOR
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, James 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
OFFENSE FELONY
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.
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 (formerly known as the Texas Youth
Commission) for up to 40 years for a first degree felony, up to 20 years for a
second degree felony and up to 10 years for a third degree felony. If sent to
TJJD and to be eligible for parole, he first has to stay a minimum of 3
calendar years for a first degree felony, 2 calendar years for a second degree
felony and 1 calendar year for a third degree felony. If the juvenile does not
parole out by age 19, then he is automatically transferred to adult prison,
although depending on his behavior he could be transferred as early as age 16.
INDETERMINATE SENTENCE
Instead of the severe consequences of a transfer to adult
court or determinate sentence, the State can proceed with an Indeterminate
Sentence. In such a case, the juvenile could petition the court to seal his
record at age 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
__________________________________________________________________________
Is Your Child Facing Charges for a Felony
Sex Offense?
Contact
James Sullivan at 281.546.6428 for a free
consultation
___________________________________________________________________________
Our law firm defends clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member or family violence), drug possession or drug delivery, violent crimes, and juvenile delinquency.
