JUVENILE SEX OFFENSES IN HOUSTON, TEXAS
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
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.
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.
Aggravated Sexual Assault of a Child - Non-Suited (Dismissed)
Sullivan
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.
Sexual Assault - Non-Suited (Dismissed)
Sullivan
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.
Indecency with a Child - Non-Suited (Dismissed)
Sullivan
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 19 in order to seal his record. The boy could then
petition to have his record sealed immediately.
Indecency with a Child - Non-Suited (Dismissed)
In
Montgomery County, Sullivan persuaded the State to dismiss his 11 year
old client's felony cases upon completion of a short counseling
program. The boy was accused of fondling two students against their
will. The boy can petition the court to have his arrest record sealed
now rather than having to wait until age 19.
Aggravated Sexual Assault of a Child - Non-Suited (Dismissed)
In
Montgomery County, Sullivan persuaded the State to dismiss his 12 year
old client’s felony case upon successful completion of juvenile sex
offender counseling. The boy was accused of fondling a two year old
girl. The boy can petition the court to have his record sealed after the
nine months of counseling rather than having to wait until age 19.
Aggravated Sexual Assault of a Child - Reduced to misdemeanor Assault
Sullivan
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
felony case to a misdemeanor 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.
Indecency with a Child - Reduced to misdemeanor Indecent Exposure
Sullivan
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 felony case
to a misdemeanor 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.
Indecency with a Child - Reduced to misdemeanor Assault
Sullivan
secured reduction to a misdemeanor for a 15 year old boy charged with
indecency with a child. He allegedly fondled a six year girl who was
visiting him at home. On the tenth jury trial setting close to his 18th
birthday, Sullivan persuaded the State to reduce the charge from a
determinate felony case to a misdemeanor case and allowed his client to
receive two months of probation at home. His client subsequently
enrolled in college. At age 19, the child can petition the court to seal
his record.
Indecency with a Child - Reduced to misdemeanor Public Lewdness
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.
Aggravated Sexual Assault of a Child – Reduced to non sex felony of Enticing a Child
In
Brazoria County, Sullivan secured a three indeterminate probation at
home with the mother for a 13 year old boy accused of fondling his 6
year old step sister. As a result of the disposition on a non sex
related offense, the client can never be required to register as a sex
offender. At age 19, the child can petition the court to seal his
record.
Aggravated Sexual Assault of a Child – Reduced to misdemeanor Assault
In
Fort Bend County, Sullivan persuaded the State to allow his client to
participate and complete juvenile sex offender counseling in exchange
for a misdemeanor Assault without a disposition and without any
probation. His 16 year old client was accused of fondling his 14 year
old sister. Two years later the child can petition the court to seal
his record.
Aggravated Sexual Assault of a Child - Two year indeterminate probation at home
Sullivan
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 that 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 19.
Aggravated Sexual Assault of a Child - Two year indeterminate probation with older sister
In
Liberty County, Sullivan 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 interview at the detention
center, the boy divulged that he had been molested by an older cousin
at age six. 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 19.
Aggravated Sexual Assault of a Child - Two year indeterminate probation with grandmother
In
Montgomery County, Sullivan 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. Sullivan
initially persuaded the court to allow his client to stay at home with
his parents and younger siblings, however his client later admitted to
fondling a younger half-brother in his home. 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.
The child can have his record sealed at age 19.
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.
DE-REGISTRATION – EXCUSING SEX OFFENDER REGISTRATION
Jim 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 Jim Sullivan at 281-546-6428. He can help you and he wants to hear from you.
