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 crimes, 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 face a life sentence in prison.
Houston Juvenile Sex Crime Attorney James 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.
Attorney James 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.
Texas Juvenile Sex Crime Attorney James 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 (see Case
Results below). 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
or older for a juvenile felony sex offense. If this were to happen, a
juvenile could never seal (expunge) 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
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 so long as he is not
currently having 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 wherein his client receives an
indeterminate sentence probation at home for two years, which is 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.
