Houston Harris County Criminal Lawyer James Sullivan Fights Felony Cases at Grand Jury Level

Houston Criminal Lawyer James Sullivan has a proven record (see below) in getting serious felony cases no billed (dismissed) by the Grand Jury. 

When a person is accused of a felony offense, there may be the possibility of his defense attorney winning his felony case at the Grand Jury level.  Depending on the facts and circumstances of the case, this may or may not be a viable option, so it is important to talk to an experienced criminal defense attorney.  By utilizing this strategy, the accused in effect has two opportunities to win his case before a jury:

1. Grand Jury and, if indicted,
2. Jury Trial

If the Grand Jury votes that probable cause (i.e. a probability) does not exist to believe that the accused committed the offense, the case is no billed (dismissed).  If the Grand Jury votes that probable cause does exist, then the case is true billed (indicted).  If a case is no billed, the accused has the immediate legal right to seek an expunction of his criminal record.  If a case is indicted, then the accused may have to have a Jury Trial in order to get the best result.   A Jury Trial is more expensive and involves much more time and legal work.

Because prosecutors generally seek to present felony cases to the Grand Jury between the first and second court setting, it is extremely important to hire a defense attorney right away.  Unless a defense attorney requests that the prosecutor hold the case from the Grand Jury in order to prepare a defense packet, the prosecutor will seek an indictment from the Grand Jury soon after the felony charge is filed.

Once an accused is indicted, this option is no longer available.  Therefore, time is of the essence in retaining a knowledgeable defense attorney.

Since 1994, Houston Criminal Lawyer James Sullivan has worked to get countless felony cases no billed by the Grand Jury.  These felony cases include Sexual Assault of a Child, Attempted Murder, Aggravated Robbery, Aggravated Assault of a Public Servant, Aggravated Assault, Injury to a Child, Forgery and Burglary of a Habitation among others.  The graph below lists just the 20 of the 50+ felony cases that have been no billed since November 2008.  Each client then had the right to get his case expunged.

This strategy is underutilized by other attorneys. Some lawyers do not understand the process or how to construct a persuasive defense packet.  James Sullivan knows lawyers who have practiced criminal law for over 20 years but have never fought a felony at the grand jury level.  Other attorneys do not do so because they know that they can charge much more money to go to trial.   Court-appointed lawyers are paid by each court appearance they make, so the longer the case lasts the more money they make.  Therefore, very few are willing to do this.  James Sullivan cares about his clients and wants to get them the best result in as short amount of time as possible while charging a reasonable fee, so he considers this option on all of his felony cases.

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.

Range of punishment for felonies include: 1° Felony (5 yrs to Life in prison), 2° Felony (2-20 yrs in prison), 3° Felony (2-10 yrs in prison) and SJF (6 months to 2 yrs in state jail).

DATE	CASE #	CT #	TEXAS FELONY OFFENSE	ACTUAL RESULT
09/21/12	1356656	180TH	ASSAULT FAMILY  MEMBER BY IMPEDING BREATHING (3° Felony)	NO BILLED BY GRAND JURY (Client accused of choking his girlfriend during an argument)
08/17/12	1340646	184TH	INJURY TO A CHILD (1° Felony)	NO BILLED BY GRAND JURY (Client accused of breaking his infant son’s leg and 3 ribs.)
05/30/12	1336650	351ST	ASSAULT FAMILY  MEMBER BY IMPEDING BREATHING (3° Felony)	NO BILLED BY GRAND JURY (Client accused of choking his wife during an argument)
05/25/12	1341002	183RD	AGGRAVATED ASSAULT (2° Felony)	NO BILLED BY GRAND JURY (Client accused of intentionally trying to drive into and strike her girlfriend)
05/18/12	1338389	339TH	EVADING BY MOTOR VEHICLE (3° Felony)	NO BILLED BY GRAND JURY (Client accused of evading police in her car when she drove about ½  mile after the officer switched on his strobe lights)
04/19/12	1332791	185TH	SEXUAL ASSAULT OF A CHILD (2° Felony)	NO BILLED BY GRAND JURY (Client accused of having sex with 16 year old girl who falsely claimed she was 18)
12/07/11	1321679	184TH	BURGLARY OF A HABITATION (2° Felony)	NO BILLED BY GRAND JURY (Client accused breaking into home while homeowner was home, however client had credible alibi witnesses at the time of the alleged burglary)
07/15/11	1302447	232ND	AGGRAVATED ASSAULT (2° Felony)	NO BILLED BY GRAND JURY (Client accused of intentionally driving into and striking the new girlfriend of her ex-boyfriend)
05/27/11	1302814	232nd	AGGRAVATED ASSAULT (2° Felony)	NO BILLED BY GRAND JURY (Client accused of hitting man in head with beer bottle outside a bar;  client claimed self-defense)
05/20/11	1291937	263RD	AGGRAVATED ASSAULT AGAINST PUBLIC SERVANT (1° Felony)	NO BILLED BY GRAND JURY (Police Officer shot at 4 unarmed teenagers in a truck and claimed that client pointed a gun at him)
01/06/11	1281977	174TH	AGGRAVATED ASSAULT (2° Felony)	NO BILLED BY GRAND JURY (Client accused of hitting other woman in head with metal pole)
01/05/11	1281428	174TH	ASSAULT FAMILY VIOLENCE 2nd OFFENDER (Felony Habitual)	NO BILLED BY GRAND JURY (Client accused of hitting wife multiple times after both had been drinking. Client faced 25 years to a lifetime in prison)
12/03/10	1283460	232nd	SEXUAL ASSAULT OF A CHILD (2° Felony)	NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)
10/21/10	1275771	180TH	AGGRAVATED ASSAULT (2° Felony)	NO BILLED BY GRAND JURY (Client accused of injuring another man, using knuckles)
09/23/10	1270564	176TH	AGGRAVATED ASSAULT (2° Felony)	NO BILLED BY GRAND JURY (Client was accused of using a knife to threaten another man who the client accused of stealing his property from his apartment)
08/24/10	1264919	232ND	SEXUAL ASSAULT OF A CHILD (2° Felony)	NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)
04/08/10	1252585	262ND	FORGERY OF FINANCIAL INSTRUMENT (3° FELONY)	NO BILLED BY GRAND JURY (Client accused of knowingly passing a counterfeit $100 bill at store)
02/24/10	1241754	177TH	AGGRAVATED SEXUAL ASSAULT CHILD (1° Felony)	NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law)
02/24/10	1241755	177TH	AGGRAVATED SEXUAL ASSAULT CHILD (1° Felony)	NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law)
11/23/09	1231727	179TH	SEXUAL ASSAULT OF A CHILD (2° Felony)	NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female)
05/20/09	1203539	337TH	AGGRAVATED ASSAULT (2° Felony)	NO BILLED BY GRAND JURY
11/13/08	1182231	179TH	BURGLARY OF A HABITATION WITH INTENT TO COMMIT ASSAULT (1° Felony)	NO BILLED BY GRAND JURY (Client was accused of breaking into an apartment and attacking the occupants after a drug deal went bad)

Houston Criminal Defense Attorney James Sullivan Gets Felony Injury to a Child Case Dismissed by Grand Jury

HOUSTON CHILD ABUSE ATTORNEY

A Grand Jury no billed (dismissed) an Injury to a Child charge based on a defense packet by Houston Criminal Defense Lawyer James Sullivan. The client was referred to James Sullivan by the court-appointed lawyer who represents him in the related CPS case. 

Upon meeting with his client, James Sullivan explained how he intended to fight the case at the grand jury level and try to get his case dismissed quickly. Like most people, his client had never heard of this process, so it took a while for him to understand it and the advantages. His client said that he previously had talked to several other lawyers who were going to charge him a minimum fee of $20,000 (which did not include a jury trial) and none them had suggested this strategy to him. James Sullivan charged a fraction of that amount and got his case dismissed in three months time.

About one year earlier, the client and his wife noticed that their infant son was very irritable and fussy. They did not know what was wrong with their child. The next day they took their son to be examined at the local children’s hospital. The doctor discovered that the child had a broken leg and several ribs that had been fractured one to two months earlier and were in the process of healing. The parents could not explain how the child received the injuries, although the father was the only parent caring for the child at the time of the injuries. The doctor opined that only the coordination of an adult could have caused the leg fracture.  CPS got involved and removed their three children from the home and placed them with grandparents.

About one year later, after the CPS case was set for trial, the DA’s office charged the father with the serious first degree felony of Injury to a Child. The father faced between five years to a lifetime in prison. After posting bond, the father hired James Sullivan to represent him. Sullivan immediately called the prosecutor to hold the case from the grand jury so he could prepare and present a defense packet.

James Sullivan conducted extensive medical research and learned that osteogenesis imperfecta (O.I.)(brittle bone disease) was a possible explanation for the child’s injuries. However, the child was too young to be tested for it. Sullivan’s research also indicated that the few medical tests that the doctor performed at the hospital do not diagnose the condition.

One month after being retained, James Sullivan turned in his 20 page defense packet for the grand jury. The prosecutor was surprised to even receive it, believing that the case was indefensible. Upon reading it, the prosecutor realized that she would need to get the full medical records from the hospital in case the grand jury had any questions. Because the hospital lost the first subpoena for records, it took a full two months to obtain them and to then present the case to the grand jury.

Both the client and his wife were willing to testify before the grand jury. Without hearing from them, the grand jury did the right thing and voted to no bill (dismiss) the case. Now, the father can get his criminal records expunged.

The father has been forced to live separately from his wife and children for over a year. He has had only limited supervised visitation with them. CPS sought to terminate his legal rights. Before James Sullivan was hired, the father and mother were led to believe that their only hope was for the father to relinquish his rights to his children so that they could be placed with the mother. What an impossible choice to make–to give up your children forever because of a false and heinous accusation made against you.

The father can now get his criminal records expunged and the government ought to do the right thing and dismiss the CPS case against them. The case was prosecuted in the 184th District Court of Harris County in cause number 1340646. It was no billed on August 17, 2012.

James Sullivan regularly gets felony cases no billed by the grand jury. Unlike other attorneys who only try to negotiate the best plea bargain, Sullivan fights to get his clients’ felony cases dismissed at the grand jury level. If the case has already been indicted, then he fights the case at trial. As seen by this case, he thinks outside the box and seeks creative solutions to his clients’ problems.

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.

ASLT FAM/HOUSE MEM IMPED BRTH Houston Criminal Lawyer James Sullivan Can Defend You

Houston criminal lawyer James Sullivan has successfully represented a number of men falsely accused of the serious felony of assault of a family or household member by impeding breathing (strangulation). By way of detailed defense packets, James Sullivan has persuaded the grand jury to no bill (dismiss) such charges. James Sullivan has also prepared and set such cases for jury trial which the prosecutor then wisely chose to dismiss on the trial setting.

One wonders if police officers may sometimes suggest to an alleged victim that she was choked in order to make a felony arrest. An alleged victim who is already mad at her boyfriend or husband may go along with the suggestion, not realizing the seriousness of such an allegation. It does seem odd that in some cases the only so-called objective evidence in the police offense report suggesting that such an assault occurred is the officer’s purported observation of “redness” on the person’s neck, yet no photos were taken of this redness and the victim refused medical treatment.

According to a recent Houston Chronicle blog post by reporter Erin Mulvaney entitled “Harris County prosecutors see increase in choking charges” (see below), the number of felony cases filed for Assault Family Member by Impeding Breathing (strangulation) has increased by 40 percent in the first 6 months of 2012 over the same time period as last year.

Harris County prosecutors have seen an uptick in recent weeks in the number of  felony charges against those who choke victims during an attacks, several years after state lawmakers passed a law to stiffen penalties for the offense…

In September of 2009, penalties for assaulting a family member by choking or impeding breathing became more severe, raising the offense level to a third degree felony. In the first six months of this year, there have been approximately 40 percent more cases filed under this statute than in the same time period last year, said Donna Hawkins a spokeswoman for the Harris County District Attorney’s office.

“As people become more aware of the dangers of cutting off a person’s air supply, it is more likely that victims will report this offense, police will arrest defendants, and prosecutors will file these charges,” Hawkins said…

In 2009, a bill sponsored by Rep. Pete Gallego, D-Alpine, became law.  It made a choking an assault a third-degree felony if it included strangulation or suffocation against someone the suspect had been dating or someone in the suspect’s family and a second-degree felony for a second offense.

Proponents of the bill argued that strangling in domestic violence cases was not taken being taken seriously or punished harshly enough. The offense previously was charged as a form of assault, which can be a Class A misdemeanor and does not require a minimum jail time.

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.

Houston Criminal Attorney | Houston Juvenile Defense Lawyer | James Sullivan

Houston Criminal Defense Lawyer

James Sullivan is an experienced Criminal Defense Attorney. For 30 years, James Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts.  He has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.

Defending Your Freedom

James  Sullivan chose to become a criminal 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.  Unlike many colleagues who practice criminal law, Jim 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.

Proven Results

James Sullivan gets results. Over the past 30 years, James Sullivan has defended more than 3,000 people charged with every kind of criminal and juvenile case, including murder, aggravated robbery, drug cases, sex offenses, domestic assault and DWI.

Philosophy

James Sullivan practices criminal law with a simple philosophy. If a client says he is not guilty, and if the prosecutor will not dismiss the charge, then James Sullivan advises his client that they should fight the case at a jury trial. Unlike many other attorneys, Jim Sullivan does not try to convince an innocent person to plead guilty. Instead, James Sullivan fights for his clients’ freedom and reputation.

Cares About His Clients

James Sullivan cares about his adult and juvenile clients and is concerned about their future. He frequently counsels with clients at his office for hours at a time. He listens to their concerns, answers all of their questions and discusses legal strategies. He also explains how a criminal conviction could affect them and how to get on the right path for a successful life. Because Jim Sullivan understands that people need to honor work and family commitments, he offers evening, weekend and same day appointments along with free parking.

Reputation

James Sullivan has a good reputation in the legal community. James Sullivan is humbled by fine lawyers who endorse him on AVVO. He is also very grateful for clients who write testimonials on his behalf. Most of his business comes from referrals from past clients and other lawyers, although it is not necessary to have a referral for him to defend you. Anyone can call James Sullivan to represent them.

The law practice of James Sullivan is devoted solely to criminal and juvenile defense. James Sullivan has tried many cases in the Harris county criminal and juvenile courthouses. Approximately half of his cases involve criminal charges while the other half involves juvenile charges.

Contact Attorney James Sullivan

If you are under investigation or have been charged with a crime or delinquency, call Houston criminal defense attorney James Sullivan to discuss your case.

James Sullivan generally tries to answer his own phone so that you can speak to an attorney directly. He wants to hear from you and to help you. Call him today. Don’t go to court alone. To schedule an appointment or to discuss your case, call 281-546-6428 today.

Grand Jury Defense

If you are charged with a felony offense, James Sullivan may be able to get your case no billed (dismissed) by the grand jury, but you need to hire him before or soon after your first court setting.  If your felony case is dismissed by the grand jury, you have the immediate right to get your criminal record expunged. Many of James Sullivan's clients have been able to do this within a few months of being arrested.

Board Certified in Juvenile Law

Houston Juvenile Attorney Jim Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization.

As an attorney myself, when concerns arose over an incident involving my son, I knew the extreme importance of finding an attorney who is Board Certified in juvenile law. Board Certified lawyers are highly specialized - enough that the State recognizes them for their expertise. My search led me to Jim Sullivan and I cannot thank him enough. He is extremely well-versed in this highly specialized area of law, kind, compassionate and non-judgmental. He spent a great deal of time understanding the incident involving my son and providing us guidance. Thankfully, it appears that this will turn out to only be a "learning opportunity" for my son but, I have Jim's number in my phone and will call him immediately if the need arises. ~Concerned Mom (Yahoo Directory Review)

Bilingual

James  Sullivan is fluent in Spanish and English, having studied Journalism, Latin American and Asian Studies at Baylor University, a nationally ranked Christian school. He graduated with honors in 1990. He then lived in Mexico City and traveled throughout Mexico prior to entering law school. In 1993, he graduated from South Texas College of Law. He and his wife Araceli have been married over 25 years and have two children. They worship at a local Catholic Church. James Sullivan is also an Eagle Scout.

NANCY BOTTS

Associate Attorney Nancy Botts has been licensed since 1988 and obtained her law degree from the University of Houston. She concentrates on criminal law and family law and handles all kinds of cases in these areas. As a criminal defense attorney, Nancy Botts' main interest is in the areas of search and seizure law and drug defense. She has good results in drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. She aggressively defends all felony and misdemeanor drug possession and drug delivery cases. She has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms. She has also represented numerous people on child sex abuse cases.

As a family law attorney, Nancy Botts has good results in child custody and divorce cases. She also has a strong commitment to offering each client the best possible representation.

AREAS OF PRACTICE

Arson, Assault, Bank Burglary, Computer Crime, Cruelty to Animals, Domestic Violence, DUI/DWI, Drug Defense, Drug Possession, Drug Delivery, Evading, Felony, Fraud, Indecency iwth a Child, Insurance Fraud, Harassment, Homicide, Manslaughter, Misdemeanor, Online Solicitation of a Minor, Prostitution, Probation Violation, Record Sealing, Record Expungement, Robbery, Sexual Assault, Sexual Assault of a Child, Shoplifting, Theft, White Collar Crime, and all Juvenile Crime, Juvenile Certification, Juvenile Record Sealing and Juvenile Sex Offenses.

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.

Houston Texas Theft Defense Attorney | Harris County Shoplifting Lawyer

HOUSTON THEFT LAWYERS

Houston Texas Criminal Attorney James Sullivan represents adults and juveniles statewide accused of theft, fraud, forgery and other such crimes of moral turpitude. James Sullivan has the experience and expertise to defend anyone facing such serious charges. He has fought the government since 1994 and has successfully represented over 3,000 clients.

The big thieves hang the little ones. ~Czech proverb

Harris County Criminal Lawyer James Sullivan cares about his clients and gets proven results. He frequently counsels with clients at his office for hours at a time. He listens to their concerns, answers all of their questions and discusses legal strategies. He also explains how a criminal conviction could affect them, how to avoid having a conviction on their record, and how to get on the right path for a successful life. Because James Sullivan understands that people need to honor work and family commitments, he offers afternoon, early evening and same day appointments along with free parking.

If you need a Houston Criminal Defense Attorney, you can call James Sullivan and Associates right now at 281-546-6428.

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.

Houston Criminal Lawyer James Sullivan Defends All People and Condemns Religious Persecution

Houston Criminal Attorney James Sullivan is Christian (Catholic) and a strong supporter of religious freedom.  He has friends from all faiths.  He fights for all people no matter their background or circumstances.  As a Christian, he believes that God blesses us to be a blessing to others.  Sullivan uses his talents in the law and in public speaking to defend adult and juvenile accused from governmental prosecution.  Sullivan also believes that many times what man meant for evil that God uses for good.

You intended to harm me, but God intended it for good to accomplish what is now being done, the saving of many lives. ~Genesis 50:20

Unfortunately, throughout the world, there is religious hatred and persecution. Christians are a minority in some countries and are sometimes targeted for death or serious injury.

In the Houston Chronicle today, the story of Julie Aftab is a good example. At age 16, Aftab was attacked with battery acid in her native Pakistan for being a Christian.  Her attackers lied against her, falsely claiming she blasphemed Islam to justify their vicious and violent attack.  Fortunately, thanks to the Shriner's Hospital for Children, she was able to come to Houston for treatment.  Over time, She was able to forgive her attackers.

“Those people, they think they did a bad thing to me, but they brought me closer to God,” Aftab said. “They helped me fulfill my dreams. I never imagined I could be the person I am today.”  She is now studying accounting in college  and also plans to become a pastor and to raise money for a safe house for persecuted girls in Pakistan.

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.

Houston Criminal Defense Lawyer James Sullivan Encourages Learning How to Live

HARRIS COUNTY CRIMINAL ATTORNEYS

Houston Criminal Defense Attorney James Sullivan defends people in criminal and juvenile courts throughout the state of Texas. Frequently, James Sullivan counsels people in learning

• how to live in a more positive and productive way,
• how to overcome negative habits and addictions,
• how to seek out and learn a trade or marketable skill,
• how to seek gainful employment and
• how to grow their self confidence and belief in themselves.

As long as you live, keep learning how to live. ~Seneca, Roman philosopher, 1st century

Despite these difficult economic times in which we live, it is not the end of the world. Positive change in our lives is always possible. Where there is a will, there is a way. That saying still holds true today. As Napoleon Hill wrote,

Whatever you can conceive and believe, you can achieve.

This positive mental attitude can carry you throughout your life. Learn how to live. It will save your life and will set a positive course for your children and your children's children.

If you need a Houston Criminal Lawyer, call Attorney James Sullivan at 281-546-6428.

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.

Houston / Harris County Criminal Defense Lawyer James Sullivan Will Fight to Get You Justice

                            

Harris County Criminal Attorneys

Houston Criminal Lawyers James Sullivan and Associates have the courage to stand up to the government and force them to prove their case at trial. No one has ever been found not guilty who did not have the courage to take their case to trial.

Most of the trial cases handled by James Sullivan are either dismissed on the day of trial or reduced from a felony to a misdemeanor. Attorney James  Sullivan has secured jury acquittals for his criminal and juvenile clients on cases such as aggravated robbery, negligent homicide, aggravated assault, burglary of a habitation and assault. He has had more than three hundred felony cases dismissed either on the day of trial or prior to trial. He has also had over 100 felony cases no billed (dismissed) by the grand jury.

• Be Courageous!
• Stand Up to the Government!
• Call serious lawyers to represent you at trial.

If you need a serious Houston Criminal Lawyer, call James Sullivan and Associates at 281-546-6428.

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.

Houston Criminal Lawyers James Sullivan and Associates Defend Clients from Rogue Prosecutors

HOUSTON CRIMINAL ATTORNEYS

Houston Criminal Defense Lawyers James Sullivan and Associates represent clients accused in criminal court Harris County and Fort Bend County. They have stood up to prosecutors with questionable ethics and secured acquittals from juries, no bills from grand juries and even dismissals from the prosecutors.  If you want dedicated Houston Criminal Defense Attorneys to represent you, call James Sullivan and Associates right now at 281-546-6428.

In the Houston Chronicle today, Daniel Medwed, a law professor at the University of Utah who teaches and writes about wrongful convictions, put the spotlight on rogue prosecutors in the State of Texas. Who are these rogue prosecutors?  They are prosecutors who intentionally and knowingly withhold and refuse to disclose evidence that exonerates an accused.  Rather than acknowledge that the wrong person was initially accused and dismiss the case, they continue to prosecute an innocent person and thus allow the responsible party to go free.

In the case of the wrongly accused Michael Morton (see below), it is possible that Debra Masters Baker may not have been killed by Mark Norwood had the State allegedly not pursued a conviction against a person that evidence indicated was innocent and that the State withheld from the defense.  The prosecutor in that case is now a state district judge and is being investigated by a "court of inquiry" by a Fort Worth judge appointed by the Texas Supreme Court.

When prosecutors behave badly

By Daniel S. Medwed

When most of us break the law, we pay the price. Submit your income tax return late? You’re on the hook for penalties and interest. Go too fast rushing to pick up your daughter from school? Wham, here comes a speeding ticket. And if you get caught committing a crime? Well, chances are good that you will be charged and eventually convicted.

But what about lawbreaking by America’s prosecutors, the officials in our country entrusted with the power to charge people with crimes and to litigate those matters in court? What happens when they violate the Constitution and refuse to disclose evidence that exonerates an accused? Very little. Even if their misdeeds are uncovered, they seldom suffer personally. Disciplinary sanctions are rare, let alone criminal penalties.

Texas has a sad history of prosecutors suppressing evidence before trial that supports a criminal defendant’s innocence. From 2007 to 2009, no fewer than six wrongful convictions were overturned in Dallas County alone because previous prosecutors withheld evidence from the defense that they were constitutionally obligated to disclose. Take the case of James Curtis Giles, a man convicted of a horrific 1982 North Dallas rape.

Before the trial started, Dallas prosecutors had information pointing to another man— James Earl Giles— as the culprit but neglected to turn over that material to the defense.

James Curtis Giles spent a decade in prison and another 14 years on parole as a registered sex offender before DNA testing exonerated him. Fortunately, current Dallas County prosecutor Craig Watkins has made rectifying wrongful convictions a priority in his administration.

But a key question remains: When individual prosecutors break the law and hide evidence that signals a defendant’s innocence, what price should they pay?

Former Williamson County prosecutor (now state district judge) Ken Anderson is about to learn the answer to that question.

A Bexar County judge asked the Texas Supreme Court to convene a novel “court of inquiry” to explore whether Anderson violated any criminal laws and ethics rules in prosecuting Michael Morton for murder 25 years ago.  Last week, the Texas Supreme Court accommodated that request by appointing a Fort Worth judge to handle the inquiry.

In 1987, Morton was convicted of killing his wife, Christine, in their north Austin house. It appears as though Anderson may have concealed police reports and other evidence pointing to Morton’s innocence — including a report indicating that Morton’s 3-year-old son saw another man attack his mother — in an effort to secure a conviction at trial.

Indeed, last year DNA testing of biological evidence from the crime scene linked another man, Mark Norwood, to Christine Morton’s murder.

Had Anderson come forward with the exculpatory evidence in 1987, Michael Morton most likely would not have spent time in prison and Debra Masters Baker may have avoided death.  Norwood has been tied to the 1988 slaying of Baker.

The eyes of the nation are on the Texas criminal justice system, once again, but this time for positive reasons. Let’s hope the unique court of inquiry becomes a paradigm for how rogue prosecutors should be forced to account for their behavior in a public forum.
Let’s also hope that justice prevails, including the possibility — if the evidence supports it— of some form of punishment against Anderson.

It would be a small price to pay, after all, if it helps stop future prosecutors from acting above the law.
Medwed is a professor of law at the University of Utah who teaches and writes about wrongful convictions.

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.

Texas Expunction Attorney / Texas Expungement Lawyer Jim Sullivan

HOUSTON EXPUNCTION LAWYERS

Texas Expungement Attorney James Sullivan helps people get their criminal and juvenile records expunged so that they can get good jobs, go to good colleges or join the military.  The process of criminal record expungement involves filing a civil lawsuit against agencies maintaining your criminal records.  The lawsuit seeks to clear your record of the state criminal charges listed in the lawsuit.  If the civil district court judge signs the expungement order, any agency which maintains your listed criminal record will be ordered to destroy it.

Note: A criminal record can only be ordered expunged in a few situations, including:

1. you were found not guilty at trial, 
2. a grand jury no bills (dismisses) your felony case, 
3. the prosecutor drops charges before going to trial, 
4. a judge dismissed your case before going to trial, your conviction was overturned on appeal and
5. your case was dismissed after successfully completing a Pretrial Diversion program.

Expungement is much better than non-disclosure (record sealing).  When a judge orders a criminal record to be non-disclosed (i.e. sealed), that means that your criminal record will not be accessible by the general public, however the criminal charges still remain on your record.  Expungement wipes those criminal records clean.  That means that if the police pull you over for a driving violation, then they will not know about your prior criminal record and therefore will not treat you differently.

If you are being negatively affected by criminal records, your best option may be expungement.  You can call the law offices of James Sullivan & Associates for a free consultation to discuss your criminal case and explain the legal process.  Houston criminal defense attorneys James Sullivan & Associates have over 55 combined years of experience practicing Texas criminal law as defense lawyers. They will evaluate your case, and if you qualify for an expungement, they will fight hard to clear your good name.

A Pretrial Diversion program can also help keep your record clean. James Sullivan fights hard to make sure that participation in a pretrial diversion program is an option for almost all of his clients who are charged as first-time misdemeanor offenders. When you successfully complete a diversion program, then your charges are dismissed and you can then file to have the charge expunged from your record.

Houston expunction lawyer James Sullivan represents clients in criminal and juvenile courts throughout the state of Texas.  If you want experienced criminal lawyers to protect your legal rights and safeguard your future, call attorneys James Sullivan & Associates at 281-546-6428.

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.

Houston Criminal Defense Trial Attorney James Sullivan Visits Crime Scenes

HOUSTON CRIMINAL ATTORNEYS 

Texas criminal defense attorney James Sullivan visits crime scenes when he defends the accused.  There is simply no other way to get an accurate feel for the landscape and to learn the whole story.  How else can one properly represent their clients without visiting the crime scenes? 

James Sullivan has been able to win many cases at trial or has persuaded the prosecutor to dismiss or the grand jury to no bill (dismiss) his client's case simply by visiting the crime scene and learning important information, significant details, different vantage points that the police either did not notice or chose not to include in their official offense report. Such information can be the difference between a guilty verdict or a not guilty verdict. Such information can also prove that the alleged eyewitness or police officer could not possibly have seen what he purports to have seen from his vantage point.  Sometimes even critical physical evidence can be overlooked at the crime scene that may take an expert witness to examine.

I prefer winter and fall, when you feel the bone structure of the landscape -- the loneliness of it, the dead feeling of winter.  Something waits beneath it, the whole story doesn't show. ~Andrew Wyeth, American painter, 20th century

If you need a Houston criminal lawyer, call Attorney James Sullivan at 281-546-6428.

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.

Houston Criminal Lawyer James Sullivan Asks for Mercy from Jurors

                       

HOUSTON CRIMINAL ATTORNEYS 

Houston criminal defense lawyer James Sullivan represents clients at trial. While Sullivan works hard to win every case, the reality is that many, if not most, accused committed the offense and some were even caught in the act. On these cases, the definition of "winning" must also include beating the best offer from the government.  

One recent jury trial illustrates this principle. Sullivan represented a man in a Harris County Criminal District Court accused of sexual assault. The testimonial and physical evidence was overwhelming and convincing. The man was found guilty by the jury. However, Sullivan persuaded the jury to be merciful to the accused and they recommended probation to the judge.

"Go and learn what the Scriptures mean when they say, 'Instead of offering sacrifices to Me, I want you to be merciful to others.'  I didn't come to invite good people to be my followers.  I came to invite sinners". ~Matthew 9:13

If you need a Houston criminal trial lawyer, call James Sullivan & Associates at 281-546-6428.

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.

Houston Criminal Attorneys Putting Themselves on the Line

HOUSTON CRIMINAL ATTORNEYS 

Houston criminal lawyers James Sullivan and Associates and their clients know these words of wisdom all too well and live them in trial. As trial attorneys, Sullivan and associates encourage many of their clients to take their cases to trial to get the best result. With their freedom and future on the line, it takes a great deal of courage to go to trial. When a person takes that risk and is found not guilty by a jury or their case is dismissed by the prosecutor, it truly is the most exhilarating feeling in the world.

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 2,000 graduates form an extremely unique community of the most accomplished trial lawyers in the United States. 

If you need a Houston Criminal Lawyer, call James Sullivan and Associates at 281-546-6428.

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.

Houston Family Violence Lawyer James Sullivan

HOUSTON FAMILY VIOLENCE DEFENSE

Houston Domestic Violence Lawyers James Sullivan & Associates represent men and women accused of serious criminal offenses, such as Aggravated Assault of a Family Member. To get the best result, hire an experienced Houston domestic violence attorney. Sullivan gets proven results. If you need a Houston Texas Criminal  Lawyer, call James Sullivan & Associates at 281-546-6428.

Texas Penal Code, Section 22.02 - Aggravated Assault

CHAPTER 22. ASSAULTIVE OFFENSES
§ 22.02.  AGGRAVATED ASSAULT.
(a)  A person commits an offense if the person commits assault as defined in § 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2)  uses or exhibits a deadly weapon during the commission of the assault.
(b)  An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the offense is committed:
(1)  by a public servant acting under color of the servant's office or employment;
(2)  against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
(3)  in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or
(4)  against a person the actor knows is a security officer while the officer is performing a duty as a security officer.
(c)  The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.
(d)  In this section, "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

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.

JERSEY VILLAGE TEXAS CRIMINAL LAWYERS

HARRIS COUNTY CRIMINAL LAWYERS

Texas Criminal Defense Attorneys

Jersey Village, Texas Criminal Defense Attorneys Jim Sullivan & Associates have handled over 4000 cases and have a collective 65 years experience defending adults and  juveniles in criminal, juvenile, and family courts  in Harris County and throughout the State of Texas.

Jersey Village Lawyer James Sullivan is Board Certified in Juvenile Law by the State of Texas since 2004 and has practiced criminal and juvenile law 1994.

Jersey Village, Texas Criminal Defense Lawyers Sullivan and Associates represent clients charged with  crimes in State courts in Houston and Richmond, Texas. Their law office is located near 1960 in Houston, Texas; however, they appear in all criminal and juvenile courts Harris County and Fort Bend County.

Harris County Criminal Defense Attorneys Sullivan and Associates have over 65 years collective experience representing persons accused of committing criminal violations of State and Federal law. Together, they have been the attorneys of record in over 4000 cases and are anticipating their 1000th case dismissal.

Jersey Village Criminal Attorneys Sullivan and Associates treat every person they represent as if they were a friend and neighbor. When you call, likely an Attorney will answer your call themselves. You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If they can be of assistance, or you just want to talk about your situation, call them at 281-546-6428.

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.

SPRING TEXAS CRIMINAL LAWYERS

HARRIS COUNTY CRIMINAL LAWYERS

Texas Criminal Defense Attorneys

Spring, Texas Criminal Defense Attorneys James Sullivan & Associates have handled over 4000 cases and have a collective 65 years experience defending adults and  juveniles in criminal, juvenile, and family courts  in Harris County and throughout the State of Texas.

Spring Criminal Defense Lawyers Sullivan and Associates represent clients charged with  crimes in State courts in Houston and Richmond, Texas.

Harris County Criminal Defense Attorneys Sullivan and Associates have over 65 years collective experience representing persons accused of committing criminal violations of State law. Together, they have been the attorneys of record in over 4000 cases and are anticipating their 1000th case dismissal.

Spring Criminal Attorneys Sullivan and Associates treat every person they represent as if they were a friend and neighbor. When you call, likely an Attorney will answer your call themselves. You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If they can be of any assistance, or you just want to talk about your situation, you can call them at 281-546-6428.

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.

TOMBALL TEXAS CRIMINAL ATTORNEYS

HARRIS COUNTY CRIMINAL ATTORNEYS

Texas Criminal Defense Attorneys

Tomball, Texas Criminal Defense Attorneys James Sullivan & Associates have handled over 4000 cases and have a collective 65 years experience defending adults and  juveniles in criminal, juvenile, and family courts  in Harris County.

Tomball Criminal Defense Lawyers Sullivan and Associates represent clients charged with  crimes in State courts in Houston and Richmond.

Harris County Criminal Defense Attorneys Sullivan and Associates have over 65 years collective experience representing persons accused of committing criminal violations of State law. Together, they have been the attorneys of record in over 6000 cases.

Tomball Criminal Attorneys Sullivan and Associates treat every person they represent as if they were a friend and neighbor. When you call, likely an Attorney will answer your call themselves. You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If they can be of any assistance, or you just want to talk about your situation, you can call them at 281-546-6428.

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.

DEER PARK TEXAS CRIMINAL ATTORNEYS

HARRIS COUNTY CRIMINAL LAWYERS

Texas Criminal Defense Attorneys

Deer Park, Texas Criminal Defense Attorneys James Sullivan & Associates have handled over 6000 cases and have a collective 65 years experience defending adults and  juveniles in criminal, juvenile, and family courts  in Harris County and Fort Bend County.

Deer Park, Texas Criminal Defense Lawyers Sullivan and Associates represent clients charged with  crimes in State courts in Houston and Richmond.

Harris County Criminal Defense Attorneys Sullivan and Associates have over 65 years collective experience representing persons accused of committing criminal violations of State law. Together, they have been the attorneys of record in over 6000 cases.

Deer Park, Texas Criminal Attorneys Sullivan and Associates treat every person they represent as if they were a friend and neighbor. When you call, likely an Attorney will answer your call themselves.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If they can be of assistance, or you just want to talk about your situation, call them at 281-546-6428.

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.

LEAGUE CITY TEXAS CRIMINAL ATTORNEYS

HARRIS COUNTY CRIMINAL  LAWYERS

Texas Criminal Defense Attorneys

League City, Texas Criminal Defense Attorneys James Sullivan & Associates have handled over 4000 cases and have a collective 65 years experience defending adults and  juveniles in criminal, juvenile, and family courts  in Harris County and throughout the State of Texas.

League City, Texas Criminal Defense Lawyers Sullivan and Associates represent clients charged with crimes in State courts in Houston (Harris County) and Richmond (Fort Bend County), Texas. Their law office is located near 1960  in Houston, Texas.

Harris County Criminal Defense Attorneys Sullivan and Associates have over 65 years collective experience representing persons accused of committing criminal violations of State and Federal law. Together, they have been the attorneys of record in over 6000 cases.

League City, Texas Criminal Attorneys Sullivan and Associates treat every person they represent as if they were a friend and neighbor. When you call, likely an Attorney will answer your call themselves.  You will be dealing with Attorneys, not secretaries, assistants, or answering machines.

If they can be of assistance, or you just want to talk about your situation, call them at 281-546-6428.

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.