Houston Felony Lawyer
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:
- Grand Jury and, if indicted,
- 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.
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 that 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.
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 | 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) |
Attorney James Sullivan is an experienced
Houston Criminal and Juvenile Defense Trial Attorney serving Greater Houston
and Texas since 1994.
Contact the Law Office of James Sullivan and Associates at (281) 546-6428 for a free consultation.
Contact the Law Office of James Sullivan and Associates at (281) 546-6428 for a free consultation.