JUVENILE SEX CRIME DEFENSE
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 offenses, of course, can stem from other reasons. Children can be
influenced to act out when they have been exposed to pornography or live
sex. They will mimic the sexual behavior they have seen. And, of
course, children who have been sexually abused will act out on those
behaviors--sometimes years later. In such cases, it is very common that
the child was abused at a young age by an older cousin, a babysitter, a
coach or other such person close to the child. This prior abuse does not
excuse the child's actions, but it is definitely mitigating. Without
counseling and intervention, the child is likely to re-offend. If the
child later re-offends as an adult, he could be facing a life sentence.
DIGNITY, EMPATHY AND COMPASSION
James Sullivan graduated from Baylor University in 1990 with a degree in Journalism, the ideal degree for investigating, discovering and telling winning stories in court. In 1993, Sullivan graduated from South Texas College of Law, which is nationally recognized as the top law school for trial advocacy.
James Sullivan later 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 at TLC are not taught anywhere else. The 1,150 graduates form an extremely unique community of the most accomplished trial lawyers in the United States.
Conroe, Texas Juvenile Sex Offense Lawyer Jim Sullivan is Board Certified in Juvenile Law. Juvenile Law is different than criminal law.
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.
Jim 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.
Jim Sullivan
is an expert in the field of juvenile law and has successfully
represented juveniles charged with sex offenses and other felony and
misdemeanor offenses in Houston and throughout southeast Texas. He has a
proven track record in juvenile sex offense representation and is truly
concerned about the many juveniles who do not have competent legal
representation.
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, Jim Sullivan has
been able to reach an agreement with the State for his client to receive
Indeterminate Sentence probation at home for two years, the minimum
statutory required length of probation for a felony sex offense.
SEX OFFENDER REGISTRATION
The
Judge can also order the juvenile to register as a sex offender until
age 28. The defense attorney may be able to persuade the State to agree
to defer registration, i.e. the Judge will make the decision regarding
sex offender registration after the juvenile completes his or her sex
offender counseling. Jim Sullivan has been successful in his cases to
either defer the registration decision or to not require the juvenile to
register at all.
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.