The Unsung Heroes of Justice: Houston Criminal Attorneys

 

In the intricate tapestry of the criminal justice system, we defense attorneys stand as the unsung heroes who tirelessly advocate for the rights and freedoms of individuals accused of crimes. Our roles are multifaceted, demanding equal parts legal prowess, empathy, and unwavering commitment to justice. In this blog post, I’ll delve into the various facets of our work, shedding light on the crucial role defense attorneys play in making our society more just.

1. Guardian of Constitutional Rights:

Defense attorneys are the vanguards of the Constitution, ensuring that the rights and liberties enshrined within it are upheld. From the right to a fair trial to protection from unlawful searches and seizures, we serve as a last line of defense against potential government overreach. We scrutinize every piece of evidence, examining it for any infringements on our client’s constitutional rights.

2. Investigative Sleuths:

Much like the detectives in a crime novel, defense attorneys engage in exhaustive investigations to uncover the truth. We interview witnesses, collect evidence, and consult experts to build a compelling defense. This work is pivotal, as it can often reveal information that may exonerate our clients or shed a different light on the case.

3. Legal Strategists:

The defense attorney’s role is not just about defending the accused in the courtroom but also crafting a comprehensive legal strategy. We must evaluate the strengths and weaknesses of a case, identify potential legal issues, and determine the most effective way to defend our clients, be it through negotiation, plea bargaining, or taking the case to trial.

4. Trial Advocates:

Defending a client in court is perhaps the most visible aspect of a defense attorney’s job. We cross-examine witnesses, present evidence, and make compelling arguments to the jury or judge. Our ability to construct persuasive narratives and counter the prosecution’s case can make all the difference between a conviction and an acquittal.

5. Emotional Support:

Defendants often face a whirlwind of emotions, from fear to anxiety and despair. Defense attorneys are not just legal advisors but also pillars of support for their clients, offering reassurance, understanding, and empathy during these challenging times. We ensure that our clients are treated with dignity and respect throughout the legal process.

6. Protecting Vulnerable Populations:

Defense attorneys frequently represent those who are marginalized, impoverished, or otherwise vulnerable. We play a crucial role in ensuring that justice is accessible to all, not just the privileged few. Our work contributes to a more equitable society by challenging systemic inequalities within the legal system.

7. Guardians of Innocence:

Defense attorneys work tirelessly to prevent wrongful convictions. Our dedication to uncovering the truth can result in the release of innocent individuals who have been wrongly accused, making our society more just by preventing the miscarriage of justice.

8. Balancing the Scales of Justice:

A strong and competent defense is essential for the integrity of the criminal justice system. Defense attorneys ensure that the prosecution meets its burden of proof, safeguarding against wrongful convictions and arbitrary exercise of state power. We act as a counterbalance, helping to maintain the delicate equilibrium between the state and the individual.

9. Promoting Accountability:

Defense attorneys also hold law enforcement and the prosecution accountable. We scrutinize police conduct, evidence handling, and prosecutorial misconduct. In doing so, we contribute to maintaining the trust of the public in the justice system.

10. Encouraging Reform:

Through our work on individual cases and our advocacy for systemic change, defense attorneys often drive reform within the criminal justice system. Our advocacy for fair sentencing, prison reform, and police accountability contributes to creating a more just and equitable society.

In conclusion, the work of a defense attorney is a complex and multifaceted endeavor. We are not just legal professionals; we are champions of justice, advocates for the accused, and protectors of the Constitution. Our work plays a pivotal role in ensuring that our society remains fair and just, protecting the rights and freedoms of all individuals, regardless of their circumstances. In celebrating the vital role of defense attorneys, we acknowledge the indispensable role defense attorneys play in making our society a better and more just place for all.

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.

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.

Houston Misdemeanor Defense Attorney James Sullivan Knows the Value of a Good Defense

Harris County Misdemeanor Lawyers

Houston Misdemeanor Defense Attorney James Sullivan knows the value of a good legal defense. With 30 years of legal experience, Sullivan has represented thousands of clients and caused hundreds of cases to be dismissed, no billed by the grand jury or found not guilty by a jury.

A cynic knows the price of everything and the value of nothing. -Oscar Wilde, writer (1854-1900)

The countless clients who were satisfied with his representation know the value of a good legal defense because their freedom, livelihood and family life were saved. Too many accused pay too little for their legal defense, get what they pay for and it ultimately costs them more than they can afford.  Others pay too much for their legal defense by lawyers who base their legal fees on the potential client's income or residential area code. These same lawyers may charge an exorbitant flat fee which includes a trial, knowing that most criminal cases will not need a trial.

Attorney James Sullivan offers legal services that are affordable to most people. Sullivan cares about his clients and works hard to get the best result for them. If you need a Harris County Misdemeanor Defense Lawyer, 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 Conveys His Clients’ Humanity to the Jury

Houston Criminal Trial Lawyers

Houston Criminal Lawyers James Sullivan and Associates defend clients at trial. Sullivan has represented criminal clients at trial since 1994 and Nancy Botts since 1988. What is critically important during trial is to “humanize” the accused. Ideally, attorneys should not just convey their clients’ humanity to the jury, but also give the jury a reason to protect their clients from the government.

What many believe happened to Trayvon Martin in Florida is what good trial lawyers fear might happen to their clients–that juries will not see them, but will substitute their own fears and prejudices. When this happens, it is almost a foregone conclusion what the result will be–a verdict of guilty.

James Sullivan and Nancy Botts have secured acquittals for many minority clients–not just African American, but also Hispanic, Asian, Middle Eastern and others. It takes time, talent and dedication to prepare a complex criminal case for trial and to secure an acquittal or some other acceptable result.  

If you need experienced Houston Criminal Attorneys, call James Sullivan and Associates at (281) 546-6428 for a free confidential consultation.

In his column describing the recent deadly shooting of an unarmed 17 year old black teen by the captain of the Neighborhood Watch, Leonard Pitts writes,

That’s one of the great frustrations of African-American life, those times when you are standing right there, minding your business, tending your house, coming home from the store, and other people are looking right at you, yet do not see you.

They see instead their own superstitions and suppositions, paranoia and guilt, night terrors and vulnerabilities.  They see the perpetrator, the suspect, the mug shot, the dark and scary face that lurks at the open windows of their vivid imaginings.  They see the unknown, the inassimilable, the other.

They see every damn thing in the world but you.

And their blindness costs you.  First and foremost, it costs your sacred individuality.  But it may also cost you a job, an education, your freedom.  If you are unlucky like Trayvon Martin, it may even cost your 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 Attorney James Sullivan Because the Truth Matters

Houston Criminal Defense Attorneys James Sullivan and Associates Are Trustworthy

Houston Criminal Lawyers James Sullivan and Associates will always tell you the truth. They are attorneys you can trust.  

Some attorneys may promise you the sun, the moon and the stars; but, will they tell you the truth?

• Truth matters.
• Integrity matters.
• You matter.

Men and women frequently call the law offices of James Sullivan and Associates because they want a second opinion. They say that their lawyers do not give straight answers to simple questions.  They do not explain the law. They do not return telephone calls. They promise results that they do not deliver.  Some lawyers even guarantee results. The law is clear: it is unethical for a criminal lawyer to guarantee a result. If a criminal lawyer makes such a guarantee, ask him to put it in writing.

If you want a Harris County Criminal Defense Attorney you can trust, contact James Sullivan and Associates at (281) 546-6428 for a free confidential consultation.

Three things cannot be long hidden: the sun, the moon, and the truth. ~Siddharta Gautama Buddha, Founder of Buddhism, c. 6th-4th century B.C.

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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 Defends Clients from Rogue Prosecutors

Houston Criminal Trial Lawyers

Houston Misdemeanor Lawyers James Sullivan and Associates represent clients accused in criminal court in Harris, Fort Bend, and Waller County.  They have stood up to prosecutors with questionable ethics and secured acquittals from juries, no bills from grand juries and even dismissals from the prosecutors.  

If you want dedicated Houston Criminal Defense Attorneys to represent you, contact James Sullivan and Associates at (281) 546-6428 for a free confidential consultation.

In the Houston Chronicle, Daniel Medwed, a law professor at the University of Utah who teaches and writes about wrongful convictions, puts the spotlight on rogue prosecutors in the State of Texas. Who are these rogue prosecutors? They are prosecutors who intentionally and knowingly withhold and refuse to disclose evidence that exonerates an accused. Rather than acknowledge that the wrong person was initially accused and dismiss the case, they continue to prosecute an innocent person and thus allow the responsible party to go free.

In the case of the wrongly accused Michael Morton, it is possible that Debra Masters Baker may not have been killed by Mark Norwood had the State allegedly not pursued a conviction against a person that evidence indicated was innocent and that the State withheld from the defense. The prosecutor in that case is now a state district judge and is being investigated by a "court of inquiry" by a Fort Worth judge appointed by the Texas Supreme Court.

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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 Can Defend You

Houston Criminal Lawyers James Sullivan and Associates represent real people charged with all kinds of crimes, including Hindering Apprehension or Prosecution.  

If you need a serious Houston Criminal Defense Attorney, contact James Sullivan right now at (281) 546-6428 for a free confidential consultation.
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Sec. 38.05.  HINDERING APPREHENSION OR PROSECUTION.  (a)  A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he:(1)  harbors or conceals the other;(2)  provides or aids in providing the other with any means of avoiding arrest or effecting escape; or(3)  warns the other of impending discovery or apprehension.(b)  It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law.(c)  Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor.(d)  An offense under this section is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, including an offense under Section 62.102, Code of Criminal Procedure, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, including an offense under Section 62.102, Code of Criminal Procedure, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony.

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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 Defense Attorney James Sullivan Says End the Suffering in Court

     Harris County Criminal Lawyers

Houston Criminal Lawyers James Sullivan and Associates are frequently hired to help end the suffering of defendants languishing in jail and not getting the representation they feel they deserve from their overworked and underpaid court-appointed attorneys. 

In a free country there is much clamor, with little suffering: in a despotic state there is little complaint but much suffering. -Lazare Hippolyte Carnot, statesman (1801-1888)

If your loved one is in jail, not receiving the representation he deserves and wants to hire a free world lawyer, contact Houston Criminal Defense Attorneys James Sullivan and Associates at (281) 546-6428 for a free confidential consultation.

James (Jim) Sullivan and Associates are experienced Houston Criminal Defense Trial Attorneys. Board Certified in Juvenile Law, James Sullivan has a proven record of successfully defending people from many different ethnic backgrounds, faiths and countries throughout Texas in criminal and juvenile courts. With over 55 combined years of Criminal and Juvenile Defense experience, James Sullivan and Associates have fought for the rights of their clients no matter their background or circumstances.

James Sullivan cares about his clients and gets proven results in misdemeanor and felony cases. He frequently counsels with clients at his office for hours at a time.  He listens to their concerns, answers all of their questions and discusses legal strategies.  He also explains how a criminal conviction could affect them, how to avoid having a conviction on their record, and how to get on the right path for a successful life. Because James Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

James Sullivan seeks real solutions to his clients' legal problems. In every criminal case, in order to be found guilty, the State has the burden to prove guilt beyond a reasonable doubt. James Sullivan fights for his clients with the primary goal to get the case dismissed or won at trial. When that is not possible or probable, his secondary goal is to prevent his client from receiving a conviction or incarceration, such as with deferred adjudication, regular probation or pretrial diversion.  

If you are charged with a felony offense, James Sullivan may be able to get your case no billed (dismissed) by the grand jury, but there is a very brief window of time to do this. 

James Sullivan generally tries to answer his own phone so that you can speak to an attorney directly.  He wants to hear from you and to help you.  Don’t go to court alone. To schedule an appointment or to discuss your situation, contact 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.