JUVENILE LAW IS DIFFERENT THAN CRIMINAL LAW
Juvenile
law is not criminal law. There are fundamental differences between
these two areas of law. Many criminal defense attorneys are not aware of
these differences nor are they aware of the significant ongoing changes
in juvenile law enacted by the Texas legislature. The proper
representation of juveniles is a complex and multi-disciplinary practice
that requires knowledge of both civil and criminal law.
Legal Knowledge Required for Effective Juvenile Representation
A
Harris County Juvenile Attorney at minimum must have a thorough
understanding of the relevant interacting Texas law, including:
- the Juvenile Justice Code,
- the Penal Code,
- the Family Code,
- the Code of Criminal Procedure,
- the Rules of Evidence,
- the Controlled Substances Act, and
- the Rules of Appellate Procedure.
The
Houston Juvenile Lawyer must also understand other issues such as the
psychosocial and psychological development of adolescents. For a
successful juvenile defense, all of these factors, including the facts
of the case, must be thoroughly evaluated.
Was your child arrested? Contact Houston Juvenile Lawyer James Sullivan at (281) 546-6428 for a free confidential consultation.
Evolution of Texas Juvenile Law
Historically,
juvenile law focused on rehabilitation of the youth. However, it is now
an area which also looks toward punishment and, as a result, juvenile
records and adjudications can affect your child for years to
come. Indeed, for the most serious offenses, a child could be made to
stand trial as an adult, and if found guilty could have a criminal
conviction that could follow him the rest of his life. For sex offenses,
juveniles can be made to register as a sex offender until age 28. Even a
misdemeanor offense could affect his future education and employment.
What is Deferred Prosecution?
Deferred
prosecution (pretrial diversion) may be an option for some. It is a
contractual agreement with the prosecutor that can enable a juvenile to
avoid an adjudication (conviction) on his juvenile record. If a juvenile
fulfills the requirements of a six month deferred prosecution, then the
prosecutor will non-suit (dismiss) the case, and the juvenile then has
the immediate right to petition the court to seal his records. Even
though the prosecutor is opposed to deferred prosecution in many types
of cases, Houston Juvenile Attorney James Sullivan is effective in
persuading courts to grant deferred prosecution anyway.
Juveniles in Texas Must Be Represented by a Lawyer
Texas
law requires all juveniles in juvenile court to be represented by an
attorney. Great care should be taken in selecting an attorney who can
effectively represent your child in juvenile court. Even seemingly
simple cases can involve complex legal issues that could become a
nightmare for parents with a less knowledgeable or inexperienced
attorney.
Consequences of Violating Juvenile Probation
It
is natural that teenagers go through a period of rebellion as they make
their way through adolescence, and of course some teens rebel more than
others. However, if your child is on probation, it is very important
that he follow the rules. If he breaks the rules, he may be removed from
his home and placed in a juvenile facility or for felony cases
committed to the Texas Juvenile Justice Department (TJJD) up to the age
of 19. Obviously, each case is different and must be evaluated on an
individual basis.
Children Need Effective Representation to Get Best Result
Many
parents have the opinion that their child got himself in trouble
despite their best efforts and therefore they are not willing to spend
any money on a defense attorney, or worse they encourage their child to
talk with the police without first consulting an attorney. These
approaches, however, have led to many heartbreaking realizations later
on. Your child is a blessing. Decisions made during these difficult
years of his adolescence are critical to his future well-being. Your
child needs an attorney who not only can relate to and counsel him but
also who specializes in juvenile law and can effectively represent
him. Be proactive and make your decision on retaining an attorney
wisely.
Houston Juvenile Defense Attorney James Sullivan
Houston
Juvenile Defense Attorney James Sullivan is very passionate about
defending, counseling and inspiring his juvenile clients to get on the
right path, to stay in school and to plan for the future. He wants all
of his clients to have a successful future, just as all parents want
their children to do better than they did. He strives to keep his
clients at home and to keep their record clear, although he realizes
that some are so out of control that for their own safety they need to
be placed in a secure facility or residential drug treatment
center. Many teens need the adversity and discipline of an out of home
placement such as at boot camp or a private placement to learn to accept
responsibility for their actions, to stop blaming others for their
behavior and to build character.
Harris
County Juvenile Attorney James Sullivan is Board Certified in Juvenile
Law by the Texas Board of Legal Specialization since 2004.
Contact Harris County Juvenile Lawyer James Sullivan
Harris
County Juvenile Lawyer James Sullivan handles all juvenile offenses in
the juvenile courts in Harris County and throughout the state of Texas.
Whether
your child is charged with a felony or a misdemeanor, James Sullivan can provide effective representation
and advice. Don’t let one mistake ruin your child’s future.
