Harris County Juvenile Sex Crime Defense Lawyer
Houston Juvenile Sex Crime Defense Lawyer for 25 years
As parents, we know children are naturally curious about their sexuality. In these modern times, children reach the onset of puberty at younger and younger ages (girls as young as nine and boys as young as ten). Their curiosity leads to natural experimentation. Unfortunately, such experimentation sometimes conflicts with state laws, and children as young as 10 can be arrested and charged with felony sex crimes. These serious offenses include aggravated sexual assault of a child, sexual assault or indecency with a child.
Juvenile sex offenses frequently stem from other reasons. Children can be influenced to act out when they are exposed to online pornography or live sex. They mimic the behavior they see. Also, children who are sexually abused may act out on other children–sometimes years later. In such cases, it is very common that the child was abused at a young age by an older cousin, babysitter, coach or other person close to the child. This prior abuse does not excuse the child’s actions, but it is mitigating. Without counseling and intervention, the child is likely to re-offend, and could even face a life sentence in prison if re-offends later as an adult.
These cases should not be taken lightly. Some families harbor shameful secrets of sex abuse within the family going back generations. The victims may or may not remember, and if confronted the perpetrators rarely admit it. Many times these secrets only come to light years later when their own children act out with others. As a result, it is often only these children that end up facing the legal consequences even though they themselves may have been abused by siblings, cousins, uncles, parents or grandparents. In some instances such abuse literally destroys the family. The trauma of the victim and the guilt of the perpetrator have led many to take their own lives, believing suicide was their only escape. For others their lives spiral out of control through alcoholism and drug addiction. Fortunately, with counseling and intervention there can be redemption and reconciliation.
Attorney James Sullivan has defended more than 100 children charged with juvenile sex crimes, including many with mental health issues. Some children were innocent and falsely accused, others were acting out on behaviors they learned from pornography online or from when they themselves were victims, including a few from families of multi-generational sex abuse.
If your son or daughter was arrested, contact Houston Juvenile Sex Crime Lawyer James Sullivan at (281) 546-6428 for a free consultation. Sullivan is been Board Certified in Juvenile Law since 2004 and is recognized statewide as an expert in juvenile law. Juvenile Law is different than criminal law. Sullivan has obtained good results for juveniles accused of sex offenses in the Greater Houston area, including Harris County, Montgomery County and Fort Bend County.
James Sullivan graduated from Baylor University in 1990, from South Texas College of Law in 1993 and has practiced criminal and juvenile law since 1994. Sullivan also graduated from Gerry Spence’s Trial Lawyers College in Wyoming. Founded in 1994, it is the most selective and prestigious trial advocacy program in America. The methods taught there are not taught anywhere else. The 1150 graduates form an extremely unique community of the most accomplished trial lawyers in the United States.
DIGNITY, EMPATHY AND COMPASSION
Attorney James Sullivan can help you and your child get through this difficult ordeal with dignity, empathy and compassion. He is sensitive to the emotional and psychological needs of children. He has even represented several boys and girls who themselves had been victimized at a young age and had not reported it to their parents or to the authorities. In fact, it was only through his sensitive, patient and thought-provoking conversation with the child that he was able to draw out the prior abuse.
James Sullivan will work hard to persuade the State to non-suit (dismiss) your child’s case, to obtain an acquittal (not guilty) at trial or as a last result to negotiate a reasonable plea bargain. From the outset, he will work hard to keep your child out of the detention center or to have your child released from the detention center and then work toward keeping him or her at home and from having to register as a sex offender. In fact, not one of his juvenile clients has had to register as a sex offender. Such registration can be devastating to a child’s development and to his or her future.
James Sullivan is an expert in the field of juvenile law and has successfully represented juveniles charged with sex crimes and other felony and misdemeanor offenses in Houston and throughout southeast Texas. Sullivan has a proven track record in juvenile sex offense representation and is truly concerned about the many juveniles who do not have competent legal representation.
POSSIBLE CONSEQUENCES OF JUVENILE SEX OFFENSES:
DISCRETIONARY TRANSFER TO CRIMINAL COURT
An Aggravated Sexual Assault of a Child offense is a first degree felony. If the juvenile is 14 years of age or older at the time of the alleged offense, the State can seek to have the juvenile transferred to criminal court and stand trial as an adult. In adult court, the range of punishment is from five years to life in prison.
Indecency with a Child can be either a second or third degree felony. If the juvenile is 15 years of age or older at the time of the alleged offense, the State can seek to have the juvenile transferred to criminal court and stand trial as an adult. In adult court, the range of punishment is from 2 years to 10 or 20 years in prison.
DETERMINATE SENTENCE
Instead of a transfer to criminal court, the State can also seek a Determinate Sentence for a juvenile aged 10 years or older for a juvenile felony sex offense. If this were to happen, a juvenile could never seal his juvenile record. He could be placed on probation for up to 10 years with automatic transfer to adult probation at age 18. He could also be sent to the Texas Juvenile Justice Department (former known as Texas Youth Commission) for up to 40 years for a first degree felony, up to 20 years for a second degree felony and up to 10 years for a third degree felony. If sent to TJJD and to be eligible for parole, he first has to stay a minimum of 3 calendar years for a first degree felony, 2 calendar years for a second degree felony and 1 calendar year for a third degree felony. If the juvenile does not parole out by age 19, then he is automatically transferred to adult prison, although depending on his behavior he could be transferred as early as age 16.
INDETERMINATE SENTENCE
Instead of the severe consequences of a transfer to adult court or determinate sentence, the State can proceed with an Indeterminate Sentence. In such a case, the juvenile could petition the court to seal his record at age 19 as long as he is not required to register as a sex offender. Also, the juvenile could receive probation until age 18. As a condition of probation, he could be placed outside his home for sex offender counseling and treatment. He could also be sent to TJJD where he could be held until age 19. In most of his negotiated cases, James Sullivan has been able to reach an agreement with the prosecution for his client to receive Indeterminate Sentence probation at home for two years, the minimum statutory required length of probation for a felony sex offense.
SEX OFFENDER REGISTRATION
The Judge can also order the juvenile to register as a sex offender until age 28. The defense attorney may be able to persuade the State to agree to defer registration, i.e. the Judge will make the decision regarding sex offender registration after the juvenile completes his or her sex offender counseling. James Sullivan has defended over 100 juvenile sex offenders and not a single one of his clients has had to register.
DE-REGISTRATION – EXCUSING SEX OFFENDER REGISTRATION
James Sullivan has also been successful in persuading juvenile courts to allow juveniles to be excused from further sex offender registration that would otherwise be required by Chapter 62 of the Texas Code of Criminal Procedure. A juvenile ordered to register as a sex offender only has two chances to request de-registration as a sex offender. Therefore, it is important to retain an attorney experienced in the process. Ideally, it is better to request de-registration prior to the juvenile’s 18th birthday when he would otherwise have to begin registering as an adult until age 28. However, the juvenile can still request de-registration even after having reached age 18 or older.
Contact James Sullivan & Associates for a free consultation at (281) 546-6428 about your child’s juvenile sex crime charges in Harris County, Montgomery County, Fort Bend County and throughout southeast Texas.
RECENT CASE RESULTS – JUVENILE SEX OFFENSES
Certainly, each case is different. Similar results may not be obtained in your child’s case and past performance is no guarantee of future results.
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