JUVENILE 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 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. A juvenile law attorney at minimum must have a
thorough understanding of the relevant interacting Texas law,
including the Juvenile Justice Code, the Penal Code, the Code of
Criminal Procedure, the Rules of Evidence, the Controlled Substances
Act and the Rules of Appellate Procedure. The attorney 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.
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.
Deferred prosecution 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. Per rules of the District Attorney, the juvenile court
prosecutors cannot agree to such a resolution for many misdemeanor
cases and all felony cases. Even though the prosecutor is opposed to
deferred prosecution in many cases, Jim Sullivan is effective in
persuading the court to grant deferred prosecution anyway.
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.
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 such as at the Burnett Bayland Reception Center (usually up
to three months), juvenile boot camp (four to six months), youth
village (usually up to three months) or for felony cases commitment
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.
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 lead 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 Jim 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 to learn to accept responsibility for their actions, to stop
blaming others for their behavior and to build character.

Whether your child is charged with a felony or a misdemeanor, Jim
Sullivan can provide effective representation and advice. To schedule a consultation, call 281-546-6428 today.