As parents, we know that children are
naturally curious about their sexuality. In these modern times,
children are reaching the onset of puberty at a younger and younger age
(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 ten can be
arrested and charged with serious felony offenses such as aggravated
sexual assault of a child, sexual assault or indecency with a child.
Juvenile sex crimes, of course, can stem
from other reasons. Children can be influenced to act out when they
have been exposed to pornography or live sex. They will mimic the
sexual behavior they have seen. And, of course, children who have been
sexually abused will act out on those behaviors–sometimes years later.
In such cases, it is very common that the child was abused at a young
age by an older cousin, a babysitter, a coach or other such person close
to the child. This prior abuse does not excuse the child’s actions,
but it is definitely mitigating. Without counseling and intervention,
the child is likely to re-offend. If the child later re-offends as an
adult, he could face a life sentence in prison.
Angleton, Texas Juvenile Sex Crime Attorney James (Jim) Sullivan
can help you and your child get through this difficult ordeal with
dignity, empathy and compassion. He is sensitive to the emotional and
psychological needs of children. He has represented a number of
juvenile boys and girls who themselves had been victimized at a young
age and had not reported it to their parents or to the authorities. In
fact, it was only through his sensitive, patient and thought-provoking
conversation with the child that he was able to draw out the prior
abuse.
Attorney James Sullivan will work hard to
persuade the State to non-suit (dismiss) your child’s case, to obtain an
acquittal (not guilty) at trial or as a last result to negotiate a
reasonable plea bargain. From the outset, he will work to have your
child released from the detention center and then work toward keeping
him or her at home and from having to register as a sex offender. In
fact, not one of his juvenile clients has had to register as a sex
offender. Such registration can be devastating to a child’s development
and to his or her future.
Texas Juvenile Sex Crime Attorney James Sullivan
is an expert in the field of juvenile law and has successfully
represented juveniles charged with sex offenses and other felony and
misdemeanor offenses in Houston and throughout southeast Texas (see Case
Results below). He has a proven track record in juvenile sex offense
representation and is truly concerned about the many juveniles who do
not have competent legal representation.
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
or older for a juvenile felony sex offense. If this were to happen, a
juvenile could never seal (expunge) 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
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 so long as he is not
currently having 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, Jim Sullivan has been able to
reach an agreement with the State wherein his client receives an
indeterminate sentence probation at home for two years, which is the
minimum statutory required length of probation for a felony sex offense.
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. Jim Sullivan
has been successful in his cases to either defer the registration
decision or to not require the juvenile to register at all.
DE-REGISTRATION – EXCUSING SEX OFFENDER REGISTRATION
James Sullivan has also been successful in
persuading juvenile courts to allow juveniles to be excused from
further sex offender registration that would otherwise be required by
Chapter 62 of the Texas Code of Criminal Procedure. A juvenile ordered
to register as a sex offender only has two chances to request
de-registration as a sex offender. Therefore, it is important to retain
an attorney experienced in the process. Ideally, it is better to
request de-registration prior to the juvenile’s 18th birthday
when he would otherwise have to begin registering as an adult until age
28. However, the juvenile can still request de-registration even after
having reached age 18 or older. If you or your child were
ordered to register as a sex offender by a juvenile court and want to be
excused from further registration or if your child is charged with a
sex offense, then call James Sullivan at 281-546-6428. He can help you and he wants to hear from you.
CASE RESULTS - JUVENILE SEX OFFENSES
The case histories below represent a few
of the many juveniles charged with sex offenses that Jim Sullivan has
represented. All cases were in Harris county (Houston), except where
noted. Past results are not a guarantee of a similar result in any
future case.
NOTES: 1° = 1st Degree Felony, 2° = 2nd Degree Felony, 3° = 3rd Degree Felony
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)
Won a dismissal for a 15 year old boy
accused of having consensual sex with a 12 year old girl in her bedroom
while two teenage friends allegedly listened in the adjoining room. The
boy could then petition to have his juvenile record sealed immediately.
RESULT: NON-SUITED (DISMISSED)
SEXUAL ASSAULT (2° Felony)
Won a dismissal one month before trial for a 16 year old boy accused of forcibly raping a 17 year old girl at her home. Prior to the dismissal, the State sought a determinate sentence which could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28. The boy could then petition to have his juvenile record sealed immediately.
RESULT: NON-SUITED (DISMISSED) after Case was set for a Jury Trial
INDECENCY WITH A CHILD (2° Felony)
Won a dismissal for a 13 year old boy
accused of fondling a 12 year old girl against her will at school.
Prior to the dismissal, the State offered a year of probation at home,
however the boy would have had to wait until he was 21 in order to seal
his record. The boy could then petition to have his record sealed
immediately.
RESULT: NON-SUITED (DISMISSED)
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)
Secured reduction to a misdemeanor
assault for a 16 year old boy charged with aggravated sexual assault of a
child and indecency with a child involving his six year old half
sister. On the day of trial, Sullivan persuaded the State to reduce the
charges from a Determinate Sex Offense Felony case to a misdemeanor
non-sex offense assault and to allow his client to receive one year
probation on a misdemeanor assault charge. Two years after his probation
is over, the child can petition the court to seal his record.
RESULT: REDUCED TO MISDEMEANOR ASSAULT on the Jury Trial setting
INDECENCY WITH A CHILD (2° Felony)
Secured reduction to a misdemeanor for
a 14 year old boy charged with indecency with a child. He and two
other boys were accused of fondling a 13 year old girl at school against
her will. Prior to trial, Sullivan persuaded the State to reduce the
charges from a Determinate Sex Offense Felony to a misdemeanor non-sex
offense indecent exposure and allowed his client to receive probation at
home. Two years after his probation is over, the child can petition
the court to seal his record.
RESULT: REDUCED TO MISDEMEANOR INDECENT EXPOSURE after case was set for a Jury Trial
INDECENCY WITH A CHILD (2° Felony)
Secured reduction to a misdemeanor for
a 15 year old boy charged with indecency with a child. He allegedly
forced a six year girl who was visiting his family to fondle him in his
bedroom. In this case, the boy’s pastor gave a statement to police,
alleging that the boy admitted that he allowed the girl to touch him.
The boy absolutely denied that and stated that the girl tried to touch
him and he told her not to. Sullivan arranged a polygraph examination
of the boy and the boy passed. The State still refused to dismiss the
case. On the tenth jury trial setting close to his 18th
birthday, Sullivan persuaded the State to reduce the charge from a
Determinate Sex Offense Felony to a misdemeanor non-sex offense assault
and allowed his client to receive two months probation at home. (Note:
Unbeknownst to Sullivan, the elected judge of this juvenile court did
not like presiding over jury trials and, because the State sought a
determinate sentence, only the elected judge could hear the case at
trial. Even after filing a motion for speedy trial on the second trial
setting, the judge continued to reset the trial case with one excuse
after another and refused to grant a preferential trial setting.
Fortunately, this judge is no longer on the bench). By the tenth
trial setting, some two and one-half years after the case first started,
the State ultimately reduced the case from a Determinate Sex Offense
Felony to a misdemeanor non-sex offense assault. His client
subsequently enrolled in college. Two years after his probation is
over, the child can petition the court to seal his record.
RESULT: REDUCED TO MISDEMEANOR ASSAULT with probation at home after case was set for a Jury Trial
INDECENCY WITH A CHILD (2° Felony)
Secured reduction to a misdemeanor for
a 14 year old boy accused of fondling a 7 year old boy outside in their
apartment complex. On the day of trial, Jim Sullivan persuaded the
State to reduce the charges from a serious felony to a misdemeanor and
to allow his client to receive one year probation at home. Two years
after his probation is over, the child can petition the court to seal
his record.
RESULT: REDUCED TO MISDEMEANOR PUBLIC LEWDNESS
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)
Secured a two year indeterminate
probation at home with the father for a 12 year old boy who was caught
in the act of molesting his six year old cousin. During a series of
interviews, the boy divulged that he had been raped by an 18 year old
acquaintance who lived in the neighborhood. The father filed charges
against that adult. Sullivan persuaded the State to allow his client to
receive probation without sex offender registration. He can have his
record sealed at age 21.
RESULT: TWO YEAR INDETERMINATE PROBATION AT HOME WITHOUT REGISTRATION
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)
In Liberty County, secured a two year
indeterminate probation with placement with an older sister in Harris
county for a 16 year old mentally challenged boy who was caught in the
act of fondling a 5 year old boy in the neighborhood. During a lengthy
consultation with Sullivan at the detention center, the boy divulged
that at age six he had been molested by a teenage cousin. Sullivan
persuaded the State and the court to allow his client to receive
probation without sex offender registration. He can have his record
sealed at age 21.
RESULT: TWO YEAR INDETERMINATE PROBATION AT HOME WITHOUT REGISTRATION
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)
In Montgomery County, secured a two
year indeterminate probation with placement with the maternal
grandmother in Chicago for a 12 year old boy caught fondling a 5 year
old boy in the neighborhood. He initially persuaded the court to allow
his client to stay at home with his parents and younger siblings,
however his client later admitted to his therapist that he also had
fondled a younger half-brother in his home during the same time period.
Sullivan then persuaded the court to allow his client to be placed with
his grandmother and to receive out-patient counseling even though the
probation department sought placement at a residential treatment center
in central Texas.
RESULT: TWO YEAR INDETERMINATE PROBATION AT HOME WITH GRANDMOTHER WITHOUT REGISTRATION
HOUSTON CRIMINAL LAWYERS
Serving clients throughout Texas, including Houston, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Texas City, Friendswood, Richmond, Humble, Tomball, League City, Bellaire, Deer Park, and Katy and other communities in Harris County, Fort Bend County and Waller County.
HOUSTON CRIMINAL LAWYERS
Serving clients throughout Texas, including Houston, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Texas City, Friendswood, Richmond, Humble, Tomball, League City, Bellaire, Deer Park, and Katy and other communities in Harris County, Fort Bend County and Waller County.
