Texas Criminal Process

If you have been arrested in the Greater Houston / Harris County area for a Class A or B misdemeanor or felony offense, it is important to consult with a reputable criminal trial attorney who understands the Texas criminal process in Houston. You want to hire someone who will show you their actual case results and how likely they are to be successful in your case.

If you have an open warrant for your arrest in Harris County, it is important to hire a criminal defense attorney in Houston, TX to represent you throughout all crucial elements of your case. The attorney may be able to represent you in court to get a bond set so you can do a walk through in the processing center, so that you do not have to turn yourself in first at the processing center and wait for a judge to set the bond and then be processed out as that can take many hours.

In most cases, criminal defendants want an aggressive lawyer who will go to trial and fight on their behalf if their case requires it, who will try to negotiate an agreement to get the case dismissed so it can later be expunged, or who will suggest their client enter a plea deal if that is the best option for their case.

Texas Criminal Process Defense Lawyer in Cypress, Jersey Village, Tomball, Katy, Northwest Houston, TX

If you have been arrested for any criminal offense in Houston, James Sullivan is an experienced trial attorney who will make every effort to help you obtain the most desirable outcome in your specific situation by representing you throughout every important phase of the criminal process.

Call James G. Sullivan & Associates today at 281-546-6428 for a consultation about your alleged criminal offense in Houston, Cypress, Katy, Tomball, and surrounding areas of Harris County, Texas. Our firm will work to potentially get your criminal charges dismissed or reduced.

Houston Booking and Case Filing

After an alleged criminal offender has been arrested for a criminal offense in Houston, they will be held in jail until they appear before a judge. Immediately after the arrest, criminal defendants are taken to booking where their photographs and fingerprints are taken. Additionally, a fingerprint report, or rap sheet, is prepared that shows the defendant’s criminal history.

In misdemeanor cases, while the defendant is held in jail, the arresting officer files the criminal charges with the district attorney’s (DA) office. If the district attorney wants to pursue the case, the DA will prepare a charging instrument called an “information.” This is a written statement that is filed and presented on behalf of the state of Texas that charges the defendant with a crime. The information also puts the defendant on notice that they have been charged with a criminal offense.  After the information is processed, the case is assigned to one of the 16 misdemeanor courts in Houston through a random process.

In felony cases, the arresting law enforcement agency will also file charges with the DA’s office.

If a defendant is formally charged with a felony offense, their case will be assigned to one of the 26 felony (district) courts in Harris County.

Initial Appearance, Bail, and Arraignment in Houston

While the criminal defendant is held in jail, the jail will determine whether to set bail, to release the defendant from jail without bail (personal recognizance), or to hold the defendant in jail without bail. If bail is set, it can be posted at any time while the defendant is held in jail.

If bail is set, the amount can be posted by a bail bondsman, or another person. After the amount of bail has been posted, the defendant is guaranteed they will appear at any subsequent hearings or at trial. If they do appear as ordered, the amount of the bond, less any fees paid to secure the bond, will be returned to the individual who posted it. If the defendant does not appear, the amount of the bond will be forfeited.

After an information has been filed and the judge has decided whether to set bail or not, the defendant is entitled to an initial appearance, which is also known as the arraignment, where they will be advised of the charges that have been brought against them. The judge will also conduct a probable cause hearing to determine whether there is sufficient evidence to file criminal charges against the defendant. If the judge finds probable cause, the case continues. If the judge finds no probable cause, the prosecutor may decide to present the case to the grand jury or dismiss the charge.

The judge will also identify the defendant’s lawyer if one was hired or may appoint a lawyer to represent the defendant and set bail conditions at the arraignment.

Additionally, your attorney will have an opportunity to argue the amount of bail that should be set, and if the prosecutor has requested the defendant be held in jail, your attorney will also argue for your release. At the end of the arraignment, the defendant will enter a plea of not guilty, nolo contendere, or guilty, and will be informed of the date of their next court appearance.

Between the first and second court settings, these charges usually will then be presented to the grand jury to decide if there is enough evidence to charge the defendant with the crime. If the grand jury does decide there is enough evidence, they will file an indictment. This charging instrument is a written statement that formally accuses the person named of the criminal offense. The grand jury is a private proceeding that is comprised of a panel of citizens who are randomly selected to review criminal complaints provided by the police.

If the grand jury decides to true bill the alleged offender, or formally charge them, the grand jury has determined there is sufficient evidence (probable cause) to charge the defendant with the alleged criminal offense and will issue an indictment. If the grand jury decides to no bill the alleged offender, the defendant will not be charged with a criminal offense because the grand jury did not find probable cause to proceed with the case.

Criminal Process and Pre-Trial Negotiations in Houston

Prior to any appearances, hearing, or trial for the defendant’s criminal charges, the defendant’s attorney and the prosecutor will have an opportunity to discuss any pretrial negotiations or enter a plea deal. They will also be able to enter a plea deal at the arraignment if this is in the defendant’s best interest.

The defendant’s attorney and the prosecutor will determine if there are any immediate reasons to dismiss the case. More commonly discussed prior to trial, a plea deal is a resolution of the case where both the prosecutor and the defendant agree to a certain punishment without ultimately having a trial to determine the defendant’s guilt. Additionally, at any of these pretrial negotiations, the case may be reset, postponed, rescheduled, or a continuance may be requested by either party.

Houston Hearings, Appearances, and Pre-Trial Motions

After the defendant is released from jail on bail or bond, they will be informed of their next hearing date at their arraignment. The defendant is required to appear on the date and time where they were instructed to appear, or else they will risk losing the amount of bond and a warrant will be issued for their arrest.

After any pretrial negotiations, but before trial, the court will set a date to hear all pretrial motions filed by both sides. The defendant’s attorney can file any motions arguing why the case should be dismissed or to suppress certain evidence. The most common pre-trial motions filed on behalf of a defendant can include any of the following:

• Motion to Dismiss for Lack of Probable Cause
• Motion to Exclude a Non-credible Witnesses’ Testimony
• Motion to Exclude the Defendant’s Confession
• Motion to Strike Prior Convictions
• Motion to Suppress Illegally Obtained Evidence

Houston Criminal Trial

If a defendant has rejected all pre-trial negotiations, the case has not been dismissed, and the defendant has pleaded not guilty to an alleged criminal offense, the case will be set for trial. The defendant can choose to have a bench trial or a jury trial.

A bench trial is a trial without a jury where only the judge determines if the defendant is guilty or innocent. Additionally, in bench trials, the defendant waives any error in the case upon any subsequent appeals.  A jury trial is comprised of a panel of 12 jury members for felony cases and six jury members for misdemeanor cases. The jury members are citizens in the county where the trial is held and are chosen through a process called voir dire (jury selection).

After the jurors are seated, the guilt/innocence phase of the trial will begin. This phase involves the presentation of all evidence, and all witnesses are called to testify. The prosecutor has the burden of proving the defendant committed every element to the offense beyond a reasonable doubt. This is a very high burden of proof and often difficult to meet. The defense does not have to prove anything.

In order to convict a defendant, all jurors must unanimously agree the defendant is guilty beyond a reasonable doubt. If they do not all agree, the jury is called a hung jury and the judge must declare a mistrial. The case will then later be retried if the prosecutor believes another jury will be able to reach a unanimous decision. The prosecutor also could dismiss the charge or offer the defendant a deal on a reduced charge instead of having another trial.

If the defendant is found guilty, the punishment phase of the trial will occur next. This phase is used to determine the defendant’s punishment for their alleged offense. Prior to the beginning of trial, the defendant must choose whether to go to the judge or the jury to determine their punishment.

If the defendant believes a legal error occurred in the trial based on the judge’s instructions to the jury or for permitting inadmissible evidence, they can file an appeal to the next highest court. The criminal appeal is not a pre-trial rehearing of the evidence.

Find a Houston Criminal Trial Attorney | James G. Sullivan & Associates

Contact us today for a consultation about your arrest and criminal charges in Harris County in Texas. James Sullivan is a knowledgeable criminal defense attorney in Houston who will make every effort to fight for you at every stage of the criminal process.

Contact James G. Sullivan & Associates today at 281-546-6428 for a consultation about your alleged offense in Houston, Cypress, Katy, Tomball, and surrounding areas of Harris County, Texas. Our firm will work with the goal to get your criminal charges dismissed, won at trial, or reduced.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

College Student Arrests

Houston Criminal Lawyer Defends College Students

In Texas, when college students are arrested and charged with crimes, they have more at stake than just their freedom and reputation, they could also lose out on receiving an education at their institution of higher learning. A college or university may suspend or expel such students if they are convicted of crimes.

Any conviction, even those that result in nothing more than time served in jail and a small fine, can result in painful and unforeseen life-long consequences. Certain crimes can lead to a college student being expelled or denied the opportunity to be licensed in their chosen profession. For any student currently enrolled in college that is charged with a crime, it is vital to have reputable legal representation ready to fight for the best possible result that protects their academic and future professional career.

Criminal Defense Attorney for College Student Arrests in Houston, TX

If you are currently enrolled in a college or university in or around the Greater Houston area, it is important that you hire experienced legal counsel with the knowledge and skill necessary to preserve your future. The lawyers of James G. Sullivan & Associates have a proven record of helping their clients to stay in college and on path to graduate. The lawyers defend students from a wide range of colleges—from two-year community colleges to state and private universities, including medical school and law school.

With our office in northwest Houston, our legal team provides quality legal services to clients throughout the Greater Houston area. Call James G. Sullivan & Associates at (281) 546-6428 for a free consultation.

Common Arrests for College Students in Southeast Texas

Any person can be arrested for alleged violations of state laws. Some of the crimes for which college students frequently face criminal charges include:

• Theft;
• Burglary;
• Drug Offenses;
• Assault;
• Misdemeanor Offenses;
• Criminal Mischief.

Colleges and Universities in the Houston area

The attorneys of James G. Sullivan & Associates represent students from all the institutions of higher learning in and around the Greater Houston area, including:

• Houston Community College;
• Lone Star College;
• San Jacinto College;
• University of Houston;
• University of Houston--Clear lake;
• University of Houston--Downtown;
• Texas Southern University;
• Rice University;
• Houston Baptist University;
• University of St. Thomas;
• Prairie View A&M University
• South Texas College of Law;
• Baylor College of Medicine;
• University of Texas Health Science Center.

Find an Attorney for College Student Arrests in Houston, Texas

When a college student is accused of a crime, hiring an experience defense attorney may mean the difference between being able to remain in school and being expelled.

The dedicated Houston criminal lawyers at James G. Sullivan & Associates have the experience, knowledge and resources to help protect the future of you or a loved one. Contact them today at (281) 546-6428 for a free confidential consultation.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Houston Criminal Lawyer for Employee Theft Embezzlement Defense

Houston Criminal Defense Attorneys

Fighting to Defend You Against Employee Theft and Embezzlement Charges 

If you have been charged with employee theft, embezzlement or other felony theft crime, you should hire an experienced Houston Criminal Defense Attorney who can zealously defend against employee theft, embezzlement and felony theft crime charges throughout Texas.

With each lawyer having 30 years or more of criminal defense experience, James Sullivan and Associates fight to protect the rights, freedom and future of people throughout the Greater Houston area that are accused of employee theft, embezzlement and felony theft offenses.

Being convicted or accused of a felony theft crime can have devastating consequences. Hiring an experienced Harris County Criminal Defense Attorney can make the difference between being found guilty or not guilty.

To discuss your felony theft crime involving employee theft, embezzlement or any other felony defense matter with an experienced Houston Criminal Defense Attorney, call James Sullivan and Associates for a free confidential consultation at (281) 546-6428.

Experienced Houston Embezzlement Criminal Defense Lawyer

Do not be intimidated and do not give up hope. You may have been arrested and charged for employee theft or embezzlement, but that does not mean that the police followed proper procedure or that the prosecutor has sufficient evidence to prove you guilty beyond a reasonable doubt.  James Sullivan and Associates have succeeded in getting hundreds of criminal cases dismissed, no billed (dismissed) by the grand jury and in obtaining not guilty verdicts from juries. When this happens, you can seek an expunction of the criminal record. Talk to an experienced Houston Criminal Trial Lawyer before you even consider giving up and entering a plea of guilty.

The Houston Criminal Defense lawyers at James Sullivan and Associates work as a team and will fight to get you justice. They will answer all of your questions so that you will know what to expect in a criminal case and help you and your family to make informed decisions. They will use their decades of experience and extensive legal knowledge to zealously defend you against serious felony charges of employee theft, embezzlement or other white collar crime cases throughout Texas.

If you have been charged with employee theft or embezzlement, or if you are being investigated for a theft or white collar crime, it is critical that you retain an experienced Houston criminal  lawyer to defend you.

Contact an Experienced Houston Embezzlement Defense Attorney

James Sullivan and Associates use their extensive trial experience and knowledge of the law to defend their clients.  If you are facing a felony theft or embezzlement charge and need an experienced Houston Criminal Trial Lawyer, they can help.

To discuss your case in confidence with an experienced Harris County Criminal Attorney, call for a free consultation at (281) 546-6428.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Houston Expungement Lawyer James Sullivan Helps People Expunge Their Texas Criminal Record

Houston Criminal Lawyer James Sullivan frequently helps people to get their criminal records expunged by filing Petitions for Expunction. This is extremely important, especially in these tough economic times.  It is not a surprise that employers are more likely to hire a job applicant who has never been arrested than someone who has been arrested even when their misdemeanor criminal case was dismissed by the government or their felony case was dismissed (no billed) by the Grand Jury. Perception can be everything in this process.  Not having to list an arrest on a job application or to try to explain it away definitely can give that applicant a better chance at being hired.

Houston Criminal Attorney James Sullivan cares about people. He wants everyone to have an opportunity to get ahead and to be able to provide for their family.  An arrest without a conviction has negative consequences on a person's opportunity in life. A check in the "Have you ever been arrested?" box gives an employer a easy way to narrow down a stack of job applications.

If you were arrested and your criminal case was dismissed, call Houston Criminal Defense Lawyer James Sullivan about getting your criminal record expunged. Depending on the circumstances and the reason why your case was dismissed, you may have to wait until the statute of limitations has expired on the case. If the grand jury no billed your case, however, you have the immediate right to get your case expunged. Once your case is expunged, neither the public nor law enforcement has access to your record.

In Harris County, a Petition for Expunction is filed in the civil district courts. The government charges approximately $400 in filing fees and service fees. These fees are in addition to the legal fees. The petition must be done correctly, or the petitioner may have to pay the filing fee a second time, therefore it is important to hire a lawyer who has experience in getting criminal records expunged properly. It can be a time consuming process. All of the information must be correct and all of the legal agencies which have the records must be included in the lawsuit. Attorney James Sullivan has worked to get criminal records expunged for many of his clients.

Houston Criminal Defense Attorney James Sullivan is also successful in getting felony cases no billed by the grand jury, having had more than 70 such cases no billed in just the past 10 years. Sullivan has served the Greater Houston area since 1994 .   

Contact Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Probation Violation Lawyer James Sullivan Fights to Keep Clients on Probation in Houston

Houston Criminal Attorney James Sullivan defends people accused of violating their misdemeanor or felony probation in Harris and surrounding counties. Since 1994, James Sullivan has kept hundreds of people on regular and deferred adjudication probation.

On most misdemeanor cases, if a person successfully completes their deferred adjudication probation, then they can seek to get their criminal record sealed (non-disclosed) to the public.  For felony cases that qualify, the person can do this 5 years after successfully completing their deferred probation.

If the State has filed a Motion to Revoke your Probation or to Adjudicate your Guilt, you can call defense Attorney James Sullivan at (281) 546-6428 to discuss your case.

According to an article in the Houston Chronicle, the Harris County Probation Department has recently come under fire for serious problems in the handling of drug testing for people on probation or on bond.  According to evidence uncovered and brought to light in a recent hearing, the integrity of drug testing in the department may not be trusted due to clerical errors, faulty record keeping, mislabeling of samples and a sloppy chain of custody.  Because of these serious problems, many people may have been arrested or had their probation revoked based on false positives.  A local defense attorney alleges a systemic problem and calls for sweeping overhauls.

Witness: Error ruined his life

   

By Brian Rogers

A man who spent 10 days in jail last year because of a clerical error in Harris County’s probation department testified Friday that the mistake cost him his driver’s license, his job and his home.  “I’m devastated,” Richard Youst said on the witness stand. “It devastated my life.” The 28-year-old said his life fell apart after a false positive on a drug test in April 2011. He had been on probation for driving while intoxicated. “I had to move back in with my mother,” the 28-year-old said. “I sleep on an air mattress on the floor.”    

Youst’s story is one of several that [his] attorney… said she uncovered while investigating the Harris County Community Supervision and Corrections Department.  “It’s hard to quantify all of the hurt and the wrong that’s been done to him because of this simple mistake that they refused to fix… His case did not have to happen. They knew about these types of mistakes a year before.”   

Evidence uncontested   

[The attorney] is putting the county’s probation department on trial in an unconventional hearing that was supposed to be a routine probation revocation for one of her clients.  The evidence that Youst’s test was false was uncontested Friday. [The] broader point is that clerical errors, faulty record keeping and other problems may mean no urine tests done by the probation department can be trusted. The division tests more than 25,000 urine samples a month for suspects out on bail and others who are on probation.    

Some of the problems include mislabeling samples, data entry problems and a lack of audits or oversights to catch mistakes. A supervisor who testified Friday said finding 3-month-old urine samples in the back of the division’s unlocked refrigerators was not uncommon.  The old samples would simply be sent out as though they had been collected that day, said Donald Martin, a supervisor at the department.  As part of the court-mandated “chain of custody” that ensures the integrity of evidence, law enforcement has to show that an appropriate custodian has kept evidence from being tampered with before it can be admitted in court.  “When it comes to chain of custody,” Martin testified, “there are more holes than Swiss cheese.”   

False positives found   

Deputy Director of Operations Kim Ballentine declined to answer questions about the allegations because of the ongoing hearing and the pending underlying criminal case… The agency also released a statement saying there would be no comment Friday on the situation.  [The attorney] said she believes an untold number of probationers and people who are awaiting trial may have been jailed or sanctioned for false positives.  “One source testified that there are at least 32 cases that they recently discovered,” she said. “And that’s just scratching the surface.”    Besides keeping her client out of jail, [the attorney] wants supervisors at the probation department fired and the agency revamped.  She also questioned how prosecutors can now legally revoke probationers for positive tests.  “You want to know that there is integrity in the evidence… I don’t know how the district attorney’s office can rely on any urinalysis from this probation department.”    The Harris County District Attorney’s Office released a statement that it plans to review all of the allegations after the hearing ends…

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Houston Criminal Attorney James Sullivan Gets Injury to a Child Felony Dismissed by Grand Jury

A Grand Jury no billed (dismissed) an Injury to a Child charge based on a defense packet by Houston Criminal Defense Lawyer James Sullivan. The client was referred to Sullivan by the court-appointed lawyer who represents him in the related CPS case. 

Upon meeting with his client, James Sullivan explained how he intended to fight the case at the grand jury level and try to get his case dismissed quickly.  Like most people, his client had never heard of this process, so it took a while for him to understand it and the advantages. His client said that he previously had talked to several other lawyers who were going to charge him a minimum fee of $20,000 (which did not include a jury trial) and none them had suggested this strategy to him.  James Sullivan charged a fraction of that amount and got his case dismissed in three months time.

About one year earlier, the client and his wife noticed that their infant son was very irritable and fussy.  They did not know what was wrong with their child. The next day they took their son to be examined at the local children’s hospital.  The doctor discovered that the child had a broken leg and several ribs that had been fractured one to two months earlier and were in the process of healing. The parents could not explain how the child received the injuries, although the father was the only parent caring for the child at the time of the injuries. The doctor opined that only the coordination of an adult could have caused the leg fracture. CPS got involved and removed their three children from the home and placed them with grandparents.

About one year later, after the CPS case was set for trial, the DA’s office charged the father with the serious first degree felony of Injury to a Child. The father faced between five years to a lifetime in prison. After posting bond, the father hired James Sullivan to represent him. James Sullivan immediately called the prosecutor to hold the case from the grand jury so he could prepare and present a defense packet.

Attorney James Sullivan conducted extensive medical research and learned that osteogenesis imperfecta (O.I.)(brittle bone disease) was a possible explanation for the child’s injuries. However, the child was too young to be tested for it. Sullivan’s research also indicated that the few medical tests that the doctor performed at the hospital do not diagnose the condition.

One month after being retained, James Sullivan turned in his 20 page defense packet for the grand jury.  The prosecutor was surprised to even receive it, believing that the case was indefensible. Upon reading it, the prosecutor realized that she would need to get the full medical records from the hospital in case the grand jury had any questions. Because the hospital lost the first subpoena for records, it took a full two months to obtain them and to then present the case to the grand jury.

Both the client and his wife were willing to testify before the grand jury. Without hearing from them, the grand jury did the right thing and voted to no bill (dismiss) the case. Now, the father can get his criminal records expunged.

The father has been forced to live separately from his wife and children for over a year. He has had only limited supervised visitation with them. CPS sought to terminate his legal rights. Before James Sullivan was hired, the father and mother were led to believe that their only hope was for the father to relinquish his rights to his children so that they could be placed with the mother. What an impossible choice to make–to give up your children forever because of a false and heinous accusation made against you.

The father can now get his criminal records expunged and the government ought to do the right thing and dismiss the CPS case against them. The case was prosecuted in the 184th District Court of Harris County. It was no billed on August 17, 2012.

Attorney James Sullivan regularly gets felony cases no billed by the grand jury. Unlike many other attorneys who only try to negotiate the best plea bargain, Sullivan fights to get his clients’ felony cases dismissed at the grand jury. If the case has already been indicted, then he fights the case at trial. As demonstrated by this case, Sullivan thinks outside the box and seeks creative solutions to his clients’ problems.

Contact Attorney James Sullivan at (281) 546-6428 for a free confidential consultation.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Like any Good Irishman James Sullivan Fights for his Clients

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Houston Misdemeanor Defense Attorneys James Sullivan and Associates each have practiced criminal defense law for 30 or more years and have represented over 4,000 clients. They defend people charged with all types of criminal cases, ranging from misdemeanor assault to felony aggravated robbery. They get results. They recommend trial by jury in most cases to get the best result possible. 

As John Henry Wigmore wrote in 1929, "the jury... adjusts the general rule of law to the justice to the particular case", i.e. the jury can bring justice in a case where the law itself does not allow it.

Law and justice are from time to time inevitably in conflict. . . . The jury . . . adjusts the general rule of law to the justice to the particular case. Thus the odium of inflexible rules of law is avoided, and popular satisfaction is preserved . . . That is what jury trial does. It supplies that flexibility of legal rules which is essential to justice and popular contentment. ~John Henry Wigmore, American jurist, 20th century

A jury nullification in a trial occurs when a jury reaches a verdict contrary to the judge's instructions as to the law. This is just one of several reasons a trial by jury in criminal cases is preferred, and Sullivan has persuaded the grand jury to dismiss felony charges with such a jury nullification on felony charges, such as sexual assault of a charge when a promiscuous teen lies about her age to an older man.

If you want serious representation, call Attorney James Sullivan at 281-546-6428.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Houston Criminal Attorney James Sullivan Shares His First Felony Jury Trial and Background

Houston Criminal Attorney James Sullivan believes his clients.  He advises his clients to tell him what happened and develops a specific defense strategy based on that story.  Many such stories may seem unbelievable or incredible to the layperson or even other attorneys, but Sullivan is a true believer and investigates and defends cases based on those versions of events.

As a result, James Sullivan has been successful at trial in what others term “hopeless” cases. In his very first felony jury trial in April 1997, in the 209th District Court, Sullivan represented a 21 year old black man accused of killing a young white man in a head-on car accident on Eldridge Parkway in northwest Houston. The decedent attended Texas A&M and belonged to a wealthy family. A large group of white male retirees from the victim’s rights organization Justice for All attended every court setting. A successful black prosecutor, who later became an Assistant U.S. Attorney (federal prosecutor), handled the prosecution.

The accused allegedly had cocaine in his system, was driving over the speed limit in the rain, on the wrong side of the road and with “bald” tires.  The force of the impact caused the engine from one of the cars to be ejected and thrown about 50 feet from the car.  Unfortunately, the late model Corvette the decedent was driving did not have an air bag, and the driver was killed instantly when his head hit the steering wheel.

The accused insisted that he did not do drugs and that it was just an accident that resulted in the death of the decedent.  Even so, if the State had offered him probation, he said he would take it so that he could continue to work to support his family. Because the State only offered prison time, five years at TDC, the accused chose to go to trial. Other attorneys, including the original attorney appointed to represent him, predicted a guilty verdict and 10 years in prison, the maximum prison sentence available.

The accused denied using drugs and testified he was on his way to work for a local service station.  The accused had auto insurance. Sullivan hired a drug toxicologist expert who conducted his own lab tests and who questioned the validity of the blood tests conducted by the Houston Police Lab. This was before the public learned a few years later how bad the HPD Crime Lab was. Photographs that crime scene investigators took of his client’s tires (and which did not surface until the day of trial) reflected that they had sufficient tread and the inspection sticker was current on his car. The defendant’s stepfather, a local mechanic, testified as to the tire tread. Due to the heavy rain, the client’s car hydroplaned across lanes and struck the decedent’s car head on. On cross examination, a State’s eyewitness testified the accused was only going 5-10 miles above the speed limit. The accused and his wife testified that he did not use drugs.

Right before closing arguments, the large courtroom in the former criminal courthouse (now the Harris County Juvenile Justice Center) filled up with high school students who were visiting the courthouse that day. No pressure. To be guilty of negligent homicide, Sullivan argued to the jury, requires gross negligence and not simple negligence. What happened to the accused could have happened to any of us–an unforeseeable accident tragically claims the life of a young man. A tragedy yes, a crime no. The case belonged in the civil courthouse, not the criminal. After about 10 minutes of deliberation, the jury returned a not guilty verdict.

Houston Criminal Lawyer James Sullivan went on to win acquittals and dismissals in many other serious felony criminal and juvenile cases. As a Catholic, Sullivan strives to be affordable to most people and counsels his clients to get on a better path. In fact, many of his clients have overcome their difficulties in life and become successful in their chosen endeavors. Sullivan may not see the end results and how the lives of his many exonerated clients unfold, but he strives to do well for all of his clients and get the best results possible. 

If you need a defense attorney, you can call James Sullivan at 281-546-6428.

As one of the late, great religious leaders who courageously struggled and died for social justice and in whom James Sullivan was greatly  inspired once said,

We cannot do everything, and there is a sense of liberation in realizing that.  This enables us to do something, and to do it very well…  We may never see the end results, but that is the difference between the Master Builder and the worker.  ~Archbishop Oscar Romero (1917-1980)

Oscar Arnulfo Romero y Goldámez was Archbishop of the Catholic Church in San Salvador, El Salvador.

In the late 1970s and 1980s, a civil war waged. In all, at least 75,000 – 80,000 Salvadorans would be slaughtered; 300,000 would disappear and never be seen again; a million would flee their homeland; and an additional million would become homeless fugitives, constantly fleeing the military and police. All of this occurred in a nation of only 5.5 million people.

On March 24, 1980, while performing a funeral mass in the Chapel of Divine Providence Hospital, Archbishop Oscar Romero was shot to death by a paid assassin. Only moments before his death, he had reminded the mourners of the parable of wheat. His prophetic words:

Those who surrender to the service of the poor through love of Christ will live like the grain of wheat that dies…  The harvest comes because of the grain that dies…  We know that every effort to improve society, above all when society is so full of injustice and sin, is an effort that God blesses, that God wants, that God demands of us.

In the summer 1988, at age 20, James  Sullivan traveled with a Christian organization to the war zone areas of northern Nicaragua to offer support to poor refugee families. Although Americans in Nicaragua were not targeted by the contras, the refugee camp which Sullivan visited was frequently attacked by contras. The camp was about 50 kilometers south of the Honduran border in the corridor  in which the contras used to invade the country.

After graduating from Baylor University in May 1990, James Sullivan lived in Mexico City and traveled throughout the country. His experiences in seeing the horrific suffering in Nicaragua and the social injustice in Mexico and elsewhere were just a few of his significant life experiences which led to his becoming a defense attorney and his strong passion in representing the accused, especially juveniles who he has been able to guide onto a better path and a successful life.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Houston Criminal Record Expungement Sealing

                                                        

Houston TX Criminal Record Expunction

If a person took their felony or misdemeanor case to trial and was found not guilty the offense for which they were charged, that person can get their criminal expunged.  Also, in a felony offense, if the case was no billed (dismissed) by a grand jury for lack of probable cause, that person can also get their criminal record expunged.

Comparing Expunction to Non-Disclosure (Sealing)

The sealing or Non-Disclosure of a Criminal Record is different from the Expunction of a Criminal Record.  The Non-Disclosure process mainly applies to those who pled guilty to a criminal offense, received Deferred Adjudication probation and successfully completed it.  However, if a person hires a Houston criminal defense attorney, fights their case at trial either before a Judge or a Jury and is found not guilty, that person can get his criminal record expunged.  The two other ways that apply for Expunction is when the Grand Jury No Bills the case or the Prosecutor dismisses the case.  However, with a dismissal by the prosecutor, the person may have to wait until the statute of limitations passes.  With a no bill by the grand jury, the person has the immediate right to get their records expunged.

Contrasting the Effect on the Criminal Record between Expunction and Non-Disclosure

When a criminal record is Expunged, the criminal records cannot be released, maintained or disseminated.  In fact, the person who has had their records expunged can legally deny ever having been charged or arrested and can even deny the existence of the expunction order.

By contrast, when a criminal record is sealed (non-disclosure), the person whose record it was is not required to disclosure or mention their criminal record when applying for a job.  Because the record is sealed, the public employer will not have access to the criminal record.  However, certain state entities may receive the criminal history from a criminal justice agency.  These entities include as an example: State Medical Examiners; State Board for Educator Certification; public or non-profit Hospital Districts; Board of Nurses; a School Board District including private and charter schools; and other licensing authorities and State agencies.

Clearly, an Expunction is much better than a Non-Disclosure.  For that reason, before you consider a probation or a conviction, talk to a Houston criminal defense lawyer who can evaluate your case, aggressively represent you and whose legal fees are affordable, reasonable and fair. Call Attorney James Sullivan at 281-546-6428 for a free consultation.

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.

Houston Misdemeanor Attorney James Sullivan Gets Proven Results

Houston Misdemeanor Defense Trial Lawyer James Sullivan has represented more than 3,000 clients in criminal and juvenile courts in Harris County Texas and surrounding counties.  The Trial Cases listed in the graph below and the detailed accounts that follow the graph represent just a small fraction of those by Sullivan.  The cases listed in the graph cover just those that were set for trial between January 2008 to April 2012.  A graph covering the trial cases represented since 1994 would be too lengthy to post.  However, all of the criminal cases (which have not been sealed or expunged) can be verified with their case number through the website of the Harris county district clerk.

1° = 1^st Degree Felony, 2° = 2^nd Degree Felony, 3° = 3^rd Degree Felony, SJF = State Jail Felony
A = Class A Misdemeanor, B = Class B Misdemeanor

CASE #	CT #	TEXAS CRIMINAL OFFENSE	ACTUAL RESULTS IN 2012
1319150	337th	FAILURE TO COMPLY W/ SEX OFFENDER REGISTRATION (SJF)	TRIAL SETTING: SENTENCED TO 2 YEARS TDC AFTER ORIGINALLY FACING 25 YEARS TO LIFE IN PRISON(Client agreed to the minimum on an enhanced state jail felony habitual offender)
1319350	337TH	INDECENCY WITH A CHILD BY EXPOSURE (3°)	PRE-TRIAL CONFERENCE: RECEIVED 2 YEARS DEFERRED ADJUDICATION PROBATION AFTER FACING 5 YEARS TO LIFE IN PRISON ON A FELONY ENHANCED TO A 1° FELONY
1306891	339th	ROBBERY (2° Felony)	JURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT(Client accused of stealing cell phone after attacking his girlfriend)(State only offered 4 years in prison before trial)
CASE #	CT #	TEXAS CRIMINAL OFFENSE	ACTUAL RESULTS IN 2011
926980	337th	MOTION TO ADJUDICATE GUILT (THEFT)(SJF)	PROBATION REVOCATION HEARING: REVOKED AND SENTENCED TO TIME SERVED(100 days HCJ under §12.44a after first facing 6 months to 2 years in state jail)(Client had a reasonable due diligence argument regarding the failure of the police to arrest the defendant soon after the violation of probation)
1736017	7	ASSAULT FAMILY VIOLENCE	JURY TRIAL SETTING: DISMISSED BY STATE(Client allegedly committed an assault against her spouse)
1281492 & 1281493	174th	AGGRAVATED ASSAULT (2°)	JURY TRIAL SETTING: SENTENCED TO 5 YEARS TDC AFTER FACING 5 YEARS TO LIFE IN PRISON(1° Felony enhanced from 2° Felony based on prior penitentiary trips)(State only offered 10 years prior to trial)
1287564	174th	AGGRAVATED ASSAULT (2° Felony)	PSI HEARING: RECEIVED DADJ PROBATION (Client with mental illness stabbed his girlfriend in the arm and upper back.  State only offered prison time.  Complainant also testified.)
1072069	178TH	SEXUAL ASSAULT (2° Felony)	JURY TRIAL: JURY FOUND CLIENT GUILTY AND RECOMMENDED PROBATION(Client received 5 years of probation. Prior to trial, State only offered 5 years at TDC.  Client was convicted of sexually assaulting a woman in the year 2000)
1265758	178th	AGGRAVATED ASSAULT (2° Felony)	JURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT AT PRE-TRIAL HEARING SETTING
1280973	232ND	AGGRAVATED ASSAULT (2° Felony)	JURY TRIAL: NOT GUILTY(Client believed he was about to be robbed by 2 men outside a bar; client claimed self-defense)
1728531	13	POSSESSION OF MARIHUANA (B)	JURY TRIAL SETTING: DISMISSED AT PRE-TRIAL HEARING SETTING(Police searched Client’s vehicle without a warrant and without probable cause)
1728532	13	CARRYING A WEAPON (A)	JURY TRIAL SETTING: DISMISSED AT PRE-TRIAL HEARING SETTING
1290473	338TH	ASSAULT FAMILY VIOLENCE (Felony Habitual enhanced facing 25 years to Life in TDC)	JURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT AFTER FACING 25 YEARS TO LIFE IN PRISON
1285290	174TH	ASSAULT FAMILY VIOLENCE BY CHOKING (3° Felony)	JURY TRIAL SETTING: DISMISSED BY STATE(Client allegedly committed an assault by strangulation against his spouse)
JUVENILE	315TH	ASSAULT FAMILY VIOLENCE (A)	JURY TRIAL SETTING: DISMISSED BY STATE(Juvenile client allegedly committed assault against his older brother)
1239044	338TH	AGGRAVATED ASSAULT (Felony Habitual)	JURY TRIAL SETTING: DISMISSED BY STATE AT PRE-TRIAL HEARING SETTING(Client faced 25 years to Life in prison as a true felony habitual)
CASE #	CT #	TEXAS CRIMINAL OFFENSE	ACTUAL RESULTS IN 2010
JUVENILE	315TH	UNAUTHORIZED USE OF A MOTOR VEHICLE (SJF)	JURY TRIAL SETTING: DISMISSED BY STATE(Client allegedly drove car from Dallas to Houston without the owner’s permission)
1220515	179TH	SEXUAL ASSAULT OF A CHILD (2° Felony)	JURY TRIAL SETTING: DISMISSED BY STATE AT PRE-TRIAL HEARING SETTING(Client faced a lifetime of sex offender registration)
1220516	179TH	COMPELLING PROSTITUTION OF A CHILD (Felony Habitual)(2° Felony)	JURY TRIAL SETTING: SENTENCED TO 5 YEARS TDC AFTER FACING 25 YEARS TO LIFE IN PRISON AS A TRUE FELONY HABITUAL(Client allegedly forced an underage runaway girl into prostitution)
1202760	178TH	INDECENCY WITH A CHILD (Felony Habitual)	JURY  TRIAL SETTING: SENTENCED TO 2 YEARS TDC AFTER FACING 25 YEARS TO LIFE IN PRISON AS A TRUE FELONY HABITUAL(Client allegedly fondled an underage girl)
1063539	232ND	INDECENCY WITH A CHILD (3° Felony)	JURY TIRAL SETTING: DISMISSED BY STATE AT PRE-TRIAL HEARING SETTING
1251123	232ND	UNAUTHORIZED USE OF A MOTOR VEHICLE (State Jail Felony)	JURY TRIAL SETTING: DISMISSED BY STATE AT PRE-TRIAL HEARING SETTING
1226099	179TH	AGGRAVATED ASSAULT (2° Felony)	JURY TRIAL SETTING: REDUCED TO MISDEMEANOR DEADLY CONDUCT AND GRANTED 6 MONTHS DEFERRED ADJUDICATION
CASE #	CT #	TEXAS CRIMINAL OFFENSE	ACTUAL RESULTS IN 2009
1222195	339TH	PCS (SJF)	JURY TRIAL SETTING: SENTENCED TO 6 MONTHS STATE JAIL AFTER FACING 2-20 YEARS IN TDC AS A STATE JAIL FELONY HABITUAL OFFENDER
1185502	179TH	ROBBERY (4 separate cases)(Felony Habitual)	JURY TRIAL SETTING: SENTENCED TO 10 YEARS TDC AFTER FACING 25 YEARS TO LIFE IN PRISON(Client was on parole and still had 10 years of parole left. Client allegedly committed 4 separate robberies within 48 hours of being released on parole after serving 15 years of a 25 year sentence for a burglary of a habitation)
JUVENILE	315TH	ASSAULT FAMILY VIOLENCE (A)	JURY TRIAL SETTING: DISMISSED BY STATE
1200321	337TH	BURGLARY OF A HABITATION (2°)	JURY TRIAL SETTING: REDUCED TO MISDEMEANOR TRESPASS TO HABITATION AT PRE-TRIAL HEARING SETTING AFTER FACING 2-20 YEARS TDC
1183601	232ND	AGGRAVATED ASSAULT FAMILY VIOLENCE (2° Felony)	JURY TRIAL SETTING: REDUCED TO MISDEMEANOR ASSAULT AFTER FACING 2-20 YEARS TDC
08-03-03138 CR	359TH	AGGRAVATED SEXUAL ASSAULT OF A CHILD (2 cases in Montgomery County)(1° Felony)	JURY TRIAL SETTING: 2 SEX OFFENSES DISMISSED(Client allegedly molested two young girls. Client had faced 5 years to Life in Prison and a Lifetime of Sex Offender Registration)
JUVENILE	315TH	MANSLAUGHTER (4 cases)(3° Felony)	COMPETENCY TRIAL: 4 CASES DISMISSED BY STATE AFTER CLIENT WAS RULED INCOMPETENT (Client crashed car into tree, killing 4 child passengers and causing himself irreversible brain injuries)

AGGRAVATED ROBBERY
Jim Sullivan represented a 25 year old man accused of 2 separate armed robberies, including a home invasion across the street from the South Houston Police Department. The chief of police and another police officer testified in trial that they positively identified Jim’s client as one of the three armed robbers who fled on foot from the scene. The police initially suspected Jim’s client because his vehicle was left behind at the scene. After the jury returned a not guilty verdict, the prosecutor dismissed the second aggravated robbery. If convicted of either robbery case, the accused faced 25 years to life in prison. Jim then represented his client at a parole revocation hearing and his client was kept on parole.
VERDICT: NOT GUILTY

NEGLIGENT HOMICIDE
Jim Sullivan defended a 21 year old man accused of killing a young man in a head-on car accident on Eldridge Parkway in northwest Houston. The accused allegedly had traces of cocaine in his system, was driving over the speed limit in the rain, on the wrong side of the road, and with “bald” tires. The force of the impact caused the engine from one of the cars to be ejected and thrown about 50 feet from the car. Unfortunately, the sports car the decedent was driving did not have air bags, and the driver was killed instantly when his head hit the steering wheel.
The accused denied using drugs and testified he was on his way to work for a local service station. The accused had auto insurance. Jim hired a drug toxicologist expert who conducted his own lab tests and questioned the validity of the blood tests conducted by the Houston Police Lab. Photographs of the accused’s tires reflected that they had sufficient tread and the inspection sticker was current on his car. Due to the heavy rain, his car hydroplaned across lanes and struck the decedent’s car head on. A witness testified he was going 5-10 miles above the speed limit. To be guilty of negligent homicide, Jim argued to the jury, requires gross negligence and not simple negligence. After about 10 minutes of deliberation, the jury returned a not guilty verdict.
VERDICT: NOT GUILTY

AGGRAVATED SEXUAL ASSAULT OF A CHILD
Jim Sullivan represented a 40 year old man accused in two cases of sexually assaulting his 6 year old daughter in Montgomery County.  The accusations arose one week after the accused contacted an attorney to file for divorce. The outcry witness, the child’s mother, had threatened her husband not to leave her or he would never see his children again.  By viewing the child’s videotaped interview from the Children’s Assessment Center and carefully observing her demeanor, body language and the manner in which she responded to the questions of the forensic interviewer, Jim could tell that the child had been coached.  Jim also interviewed several witnesses who corroborated the motivation for the mother to file false charges.
JURY TRIAL SETTING: BOTH CASES DISMISSED

BURGLARY OF A HABITATION
Jim Sullivan represented a 14 year old boy who–along with six others–was accused of breaking into a home and stealing a safe containing about $15,000 in cash. A police officer arrested his client, took him to the police station and obtained a signed confession from him. Jim’s client said the officer browbeat a false confession out of him and that he was actually swimming at a YMCA at the time of the burglary. In addition to his alibi witnesses, Jim also subpoenaed to trial the five teenagers who had actually committed the crime and who were already on probation.
VERDICT: NOT GUILTY

ASSAULT
Jim Sullivan represented a large 13 year old boy accused of attacking his behavioral adjustment teacher and seriously injuring her in the hallway outside her classroom. The Houston Press covered the trial in an article entitled “School Scam? Did a teacher fabricate a student assault to collect disability?” After finding his client not guilty, the jury asked Jim how charges could be filed against the teacher for perjury and insurance fraud.
VERDICT: NOT GUILTY

POSSESSION OF A CONTROLLED SUBSTANCE
Jim Sullivan represented a 13 year old girl accused of possession between 1-4 grams of cocaine. She was at an apartment with her boyfriend and two other teenage couples. One of the couples got into a fight. That girl called a friend who in turn called the police. When a police officer arrived at the door, that couple jumped out the back window and ran away. The officer entered the apartment without a warrant, claiming he heard what he thought were the sounds of a body being dragged across the floor. In a suppression hearing, Jim elicited from the officer that he did not hear any such sounds at all. Hence, there was no valid emergency to justify his warrantless search and seizure. The judge granted Jim’s motion to suppress evidence of the possession.
SUPPRESSION HEARING: CASE DISMISSED

AGGRAVATED SEXUAL ASSAULT OF A CHILD
Jim Sullivan represented a 34 year old pregnant woman who–along with her live-in boyfriend–was charged with sexually assaulting her 12 year old daughter. The daughter was interviewed on two separate occasions at the Children’s Assessment Center. In the first interview, the girl said that her mother was involved, but in her second interview, she suggested that her mother was not involved. Jim attended the trial of her boyfriend who was represented by another attorney and was found guilty by the jury. Jim was prepared to represent the mother at trial the following week.
JURY TRIAL SETTING: FELONY CASES DISMISSED ON THIRD JURY TRIAL SETTING

AGGRAVATED SEXUAL ASSAULT OF A CHILD
Jim Sullivan represented a 19 year old man accused of repeatedly molesting his 14 year old half- sister over a period of several years. In the same videotaped interview at the Children’s Assessment Center, the half-sister also accused her uncle of raping her at his mobile home while his wife was outside attending a party. Her physical exam came back as normal. Through a thorough investigation, Jim was able to show that the complainant had falsely accused at least one other teenager of sexually assaulting her. Jim was also able to show clear bias and other motivation for her false charges.
JURY TRIAL SETTING: CASE DISMISSED

SEXUAL ASSAULT
Jim Sullivan represented a 16 year old boy accused of raping a 17 year old girl at her home. After a lengthy investigation, Jim was able to cast doubt on the credibility of his accuser in several ways, including the fact that his client did attend football practice at the time that his accuser claimed that he had followed her home and raped her.
JURY TRIAL SETTING: CASE DISMISSED AT A PRE-TRIAL HEARING SETTING

AGGRAVATED SEXUAL ASSAULT OF A CHILD & INDECENCY WITH A CHILD
Jim Sullivan represented a 16 year old boy accused of molesting his six year old half-sister. After a thorough investigation of the home environment, Jim was able to show that–if the girl had been molested–the stepfather, a convicted drug user, was the likely perpetrator.
JURY TRIAL SETTING: FELONY CASES REDUCED TO MISDEMEANOR ASSAULT

AGGRAVATED ASSAULT AGAINST A PUBLIC SERVANT (POLICE OFFICER)
Jim Sullivan represented a deranged woman who walked up to a police officer in a grocery store and lunged at him with a butcher knife. Fortunately, the officer was able to subdue and arrest her without either of them being physically injured. It was soon learned that the woman had a lengthy documented history of mental illness. In the first hearing, Jim persuaded a jury to find his client incompetent to stand trial with no substantial likelihood of regaining competency. His client was then committed to a state hospital for treatment. In a later court trial, Jim persuaded the court to find his client not guilty by reason of insanity.
TRIAL SETTING: NOT GUILTY BY REASON OF INSANITY

INDECENCY WITH A CHILD
Jim Sullivan represented a 14 year old boy accused of touching a 13 year old girl in her genital area against her will behind the bleachers in the school gymnasium. After interviewing several eyewitnesses and taking photos of the scene, Jim was able to cast doubt on the girl’s version of events.
JURY TRIAL SETTING: FELONY CASE REDUCED TO MISDEMEANOR ASSAULT

FELONY THEFT
Jim Sullivan represented a middle-aged businessman accused of felony theft for allegedly fencing over $60,000 in stolen inventory from a local business. Through an intensive investigation, Jim learned that the co-defendant knowingly sold the inventory at a steep discount through his client to a distributor who had to have known the inventory was stolen. Jim was able to present his client as a naive broker who only received $8,000 in what he thought was a legitimate fee from the transaction. On the second trial setting, the State agreed to reduce the charges to a misdemeanor, allow his client to receive deferred adjudication probation so that he would not receive a conviction, and allow his client to pay back only $8,000 in restitution.
JURY TRIAL SETTING: FELONY REDUCED TO MISDEMEANOR ON SECOND TRIAL SETTING

AGGRAVATED ASSAULT
Jim Sullivan represented a woman who was accused of biting off her ex-boyfriend’s tongue. Through an investigation, Jim was able to show that she probably acted in self-defense as he was attempting to rape her while high on drugs.
JURY TRIAL SETTING: FELONY REDUCED TO MISDEMEANOR AT PRE-TRIAL SETTING

AGGRAVATED ASSAULT
Jim Sullivan represented a 40 year old woman who allegedly stabbed her wheel-chair bound husband in the chest with a kitchen knife. The woman had a long history of mental illness and allegedly had stabbed him on a previous occasion. Through a lengthy investigation, Jim learned that he had a lengthy crack cocaine addiction and had been brain-injured in a prior car accident.  Jim was prepared to present a compelling justification argument of self-defense.
JURY TRIAL SETTING: FELONY REDUCED TO MISDEMEANOR AT PRE-TRIAL SETTING

ASSAULT AGAINST A POLICE OFFICER & EVADING BY MOTOR VEHICLE
Jim Sullivan represented a 16 year old boy who was accused of two felony charges: Assault on a Police Officer for allegedly striking an undercover police officer with his car and Evading by Motor Vehicle for continuing to drive away. At the jury trial, Jim argued that his client had just been jumped by two teens and was trying to drive away when a guy walked up with a gun drawn that he believed was trying to car jack him. The gun man was an undercover police officer who flashed his ID card and identified himself. In his pain and confusion, his client understandably did not believe him and drove off. The passenger side mirror on his car struck the officer. After several hours of deliberation, the jury could not reach a verdict. The State then agreed to dismiss the felony assault charge, reduce the felony evading case to a misdemeanor and let his client receive deferred prosecution so that he would not receive a conviction.
VERDICT: HUNG JURY

ROBBERY (4 CASES)
Jim Sullivan represented a 40 year old man with a lengthy felony criminal record dating back 15 years. His client had a severe drug problem. He previously had served 8 years of a 25 year sentence as a habitual felon for burglary of a habitation. Two days after being released from prison on a drug case, he was arrested on four cases of robbery and was suspected in at least four other cases. He allegedly snatched purses from women causing minor injuries while driving his father’s truck which, along with him, was later identified by witnesses. Facing 25 to Life as a habitual felon for the second time, he opted for trial. He had 10 years left on his parole.
JURY TRIAL SETTING: 10 YEARS TDC AFTER FACING 25 YEARS TO LIFE IN TDC

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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS

Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.

Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.