FORT BEND COUNTY JUVENILE LAWYER
SUGAR LAND JUVENILE SEX OFFENSE 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 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.
Contact Houston Juvenile Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.
DIGNITY, EMPATHY AND COMPASSION
Houston 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 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 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.
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. 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 – NOT GUILTY VERDICT BY A JURY
Sullivan persuaded a jury in the 314th District Court of
Harris County 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.
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.
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.
Contact Houston Juvenile Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.
