Answers to frequently asked questions concerning Houston juvenile law—
My child was arrested. What kind of a lawyer does he need?
At James G. Sullivan and
Associates, the Houston defense attorneys are experienced trial lawyers in both
juvenile and criminal courts. They have
successfully defended thousands of clients and fought for hundreds of
clients at jury trial on all kinds of charges ranging from misdemeanor theft to
felony murder. Unlike many colleagues
who practice criminal or juvenile law, James Sullivan has never prosecuted
anyone and never will. That is not him. His entire career is
devoted to defending people accused of crimes and delinquencies.
James Sullivan is also Board
Certified in Juvenile Law by the Texas Board of Legal Specialization since 2004. In order to be certified, a lawyer has to devote
a substantial percentage of his practice to juvenile law, handle a wide variety
of matters in juvenile law to demonstrate experience and involvement, attend
continuing education seminars to keep legal training up to date, be evaluated
by fellow lawyers and judges and pass a six (6) hour written examination
related to juvenile law.
How much do you charge?
Attorney fees are an important
factor in selecting a juvenile defense attorney, but do you really want the
cheapest lawyer when your child’s rights, freedom and future are on the line? The old saying that you get what you pay for
is definitely true when it comes to hiring a defense lawyer. Exceptional representation is what your child
deserves, but that level of representation should come at a fair price.
James G. Sullivan and Associates strive
to provide each juvenile client with exceptional representation at a reasonable
cost. Unlike many of their colleagues, they
charge separate trial and non-trial fees.
They do not believe it is reasonable to charge a trial fee unless the
case is actually set for trial.
Why should I hire you to represent my child?
In addition to being Board Certified
in Juvenile Law, James Sullivan has the heart to help others and has almost 20
years of experience defending juveniles in court. Sullivan cares deeply for his juvenile clients
and personally interviews each client and their parents at his office for a
minimum of one to four hours. The initial
focus is on the juvenile case, the possible legal defenses and its resolution—dismissal,
deferred prosecution, jury trial or stipulation (plea). Sullivan is an experienced defense trial
attorney and gets proven results.
Sullivan may be the only Houston juvenile attorney who has tried and won
felony cases to a jury in all three Harris County Juvenile Courts. These cases include aggravated sexual assault
of a child, burglary of a habitation and assault against a public servant.
The second focus is on the child and
his future. Sullivan counsels them from his own experience on how to get on the
right path and be successful in life. Sullivan also draws upon the experiences
of some of his adult and juvenile clients who did not heed his counsel and are
now either in prison or deceased.
James Sullivan chose to become a
juvenile defense lawyer. It was not by accident. Fighting the government
and defending people come natural to him—he was born into a diverse, dynamic
family of conservative Baptists and liberal social activists. Because of his own troubled teen years,
Sullivan connects with teenagers in ways that other attorneys simply cannot and
has been instrumental in leading juveniles to have a successful future. As one client wrote in a review,
Sullivan connected with our son immediately. It was apparent he cared about him as a whole person, not just the kid who suddenly found himself in trouble. He was more than just a lawyer to my son. He shared his own experiences and his positive attitude about life and relationships. Sullivan is not only a good lawyer but a good role model for our children.
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| Gerry Spence and James Sullivan in 2012 |
What can I do to get my child released from
detention?
Call a juvenile lawyer who has
experience in getting their clients released in detention hearings. An experienced juvenile lawyer should be able
to explain the legal process to you and to guide you on how to best prepare for
the detention hearing. It is important for
you to attend the detention hearing while your child’s lawyer argues the many
reasons why the judge should release your child.
What does the Judge consider when deciding
whether or not to release my child?
At the hearing, the judge
considers five factors in determining whether to hold your child in the
detention center pending a resolution of the case in court or to release your child
to a parent or guardian: (1) whether the child is likely to abscond or be
removed from the jurisdiction of the court, (2) whether a parent or guardian
can provide suitable supervision, care, and protection for the child, (3) whether
the child has a parent or guardian who is able to return him to court when
required, (4) whether the child may be a danger to himself or others if
released, and (5) whether the child has previously been found to have engaged
in delinquent conduct and is likely to commit a new offense if released.
What is the difference between juvenile
court and adult criminal court?
In Texas, children from 10 to 16
years of age are charged in juvenile court.
In Harris County, the children are tried in Juvenile District Courts,
whereas in other counties they may be charged in juvenile district or county
courts. Juvenile court is considered a civil court, although certain sections
of criminal law are applicable. In the
juvenile system, a child is charged with a “delinquency” by way of petition
whether than with a “crime” by way of complaint or indictment. At trial, a jury or judge returns a verdict
of “true” or “not true” instead of “guilty” or “not guilty”. Also, unless a juvenile is certified to stand
trial as an adult and transferred to criminal court, juveniles are not released
on “bond” but are released or detained depending upon the circumstances of
their. Finally, the juvenile system
primarily focuses on rehabilitation. Instead
of a “punishment” hearing, if a juvenile is found to have engaged in delinquent
conduct, the juvenile then has a “disposition” hearing where the consequences
for his behavior are based upon guidelines and levels, not necessarily upon the
offense as in criminal court.
Because juvenile law proceedings
are hybrid in that they involve both civil and criminal law, you should retain
an attorney that specializes in this unique area of law. The Houston defense attorneys at James G. Sullivan
and Associates devote a significant portion of their practice to defending
juveniles and have significant trial experience in both juvenile and criminal
courts.
At what age is a teenager charged and tried
as an adult?
17. Texas is one of only 10 states where 17 year
olds are tried and sentenced as adults. Because
of this, it is extremely important that a juvenile mature quickly before his wayward
path takes him into the adult system.
For many children, the juvenile system becomes a pipeline to adult prison.
Does my child really have to have a lawyer?
Yes. The law requires that children in juvenile court
must be represented by an attorney during most proceedings. In some circumstances, the judge may appoint
an attorney to represent the child and require the parents to reimburse the
county for the court-appointed lawyer however this
process has been heavily criticized by the local press.
What happens in court?
The first court setting of your
child is referred to as the arraignment setting. If your attorney did not make
an appointment to review the District Attorney’s file prior to court, then this
is an opportunity for him to do so. Your
attorney may also make a written request for a copy of the police report. The District Attorney also may offer a “plea
deal” on this first setting to avoid a trial, however before any possible resolution
can be considered your attorney must first exhaust all possible defenses. Sullivan considers a plea deal to be the last
resort.
At this setting, your attorney
may also receive and review a copy of the juvenile probation report. Prior to court, a representative of the
probation report will call you to ask about your child’s behavior at home and
in school. The representative will also
contact your child’s school to get his grades, attendance and disciplinary records. As the probation report will be relied upon
by the court for case disposition purposes, it is important that the
information be accurate. It is a good
idea to hire an experienced juvenile lawyer right after your child is arrested
so that he can advise you on these important matters in advance.
It is possible to resolve a
juvenile case on the first court setting if your attorney has investigated the
case, reviewed the District Attorney’s file, researched the applicable law and
tested the prosecutor’s evidence in advance.
This is only possible if your attorney is hired early on, signs on in
court as attorney of record and then off dockets your child’s case to a later
date to get more time to prepare.
Sullivan frequently does this on juvenile cases so that his juvenile
client and his parents do not have to needlessly miss work or school.
Sometimes, the initial court setting
will result in a reset of the case to a future date for reasons beyond the
defense attorney’s control. For example,
in every case involving a complainant, the prosecutor is required to contact
the complainant to gather information regarding any restitution amount, any
injuries sustained and his feelings on punishment. It is not uncommon for a prosecutor to not be
able to reach a complainant prior to court.
At James G. Sullivan and
Associates, the Houston juvenile attorneys will strive to complete your child’s
case with as few court settings as necessary, without compromising your child’s
rights, freedom and future.
What happens if my child is found guilty?
Juveniles cannot be found “guilty”
because the juvenile court is considered civil, not criminal. Instead, a juvenile could be found to have “engaged
in delinquent conduct” if the jury or judge finds beyond a reasonable doubt
that the juvenile committed the offense.
Of course, an experienced juvenile defense attorney will work hard to
avoid a finding of delinquency, preferably by persuading the prosecutor to
dismiss the charge or the jury or the judge to acquit his client at trial.
If a juvenile did commit the
offense, your defense attorney may be able to avoid a finding of delinquency by
persuading the prosecutor or the judge to grant a deferred prosecution. This is a contract between the juvenile and
the District Attorney whereby if the juvenile follows the rules of probation
for six months then the District Attorney dismisses the case. The prosecutor cannot agree to a deferred
prosecution for certain misdemeanor offenses and all felony offenses, however
James Sullivan has been successful in persuading judges to grant deferred
prosecution in many such cases anyway.
When a juvenile is found to have
engaged in delinquent conduct, the court judgment following a disposition
hearing can range from (1) a probation where the child is left in the custody
of his parents (or guardians), (2) a probation where the child is removed from
the home and placed in a local juvenile facility, or (3) the child in felony
cases may be committed to the Texas Juvenile Justice Department (formerly known
as the Texas Youth Commission). In
serious felony cases, depending on the circumstances, the juvenile may face certification
or transfer to criminal district court to stand trial as an adult.
Can my child’s juvenile records be sealed?
Depending on the circumstances, your
child’s juvenile records may be sealed.
In a misdemeanor case with a
finding of delinquent conduct, the juvenile must wait two years and have no
other convictions or adjudications before the records can be sealed.
In a felony case, the juvenile
must wait until he is at least 19 years of age and have no other convictions or
adjudications before the records may be sealed.
The judge has the discretion whether or not to seal the records. In cases where there was a “determinate
sentence”, the records can never be sealed.
When a case results in a
dismissal such as when a juvenile successfully completes a deferred prosecution,
the juvenile can get his records sealed immediately. The juvenile does not have to wait two years
or until age 19.
Contact
James Sullivan to learn if your juvenile records may be sealed at (281) 546-6428.
Can I post a bond to get my child out of
detention?
No. Juveniles cannot be released
on “bond”. They are either detained or
released depending upon the circumstances of their case.
The police arrested my child for a
delinquency. What is going to happen?
The police often take juveniles
into custody. Sometimes, the child is
released by the police to parents (or guardians). When this occurs, the parents can take their
child home but they are told that their child is still being charged. The police then send their information to the
District Attorney over the next few days or weeks. If the District Attorney accepts charges, a
petition is filed with the juvenile courts.
In Harris County, the case is then randomly assigned to one of the three
Juvenile District Courts. A Deputy Constable
usually will then come to your home and “serve” or deliver the petition to you
and your child. The paperwork tell you
what your child is accused or and will direct you and your child to appear at a
specific court on a particular day.
At the same time, the juvenile
probation department begins to gather information about your family and your
child to prepare a report for the court. In addition to requesting records from your
child’s school, a probation officer will contact you to gather
information. Before speaking with the
probation officer, it is important that you and your child talk with a juvenile
defense lawyer in order to protect your child’s rights. While you want to appear cooperative with the
probation department, you must also keep in mind that information provided to
the probation officer will be put in the report that is given to the court and
the prosecutor for consideration.
Contact
James Sullivan to consult with an experienced Houston Juvenile Lawyer at (281) 546-6428.
