<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" > <channel> <title>Uncategorized | Houston Criminal Lawyer James Sullivan | Harris County Defense Attorney</title> <atom:link href="https://www.houstoncriminaltriallawyer.net/category/uncategorized/feed/" rel="self" type="application/rss+xml" /> <link>https://www.houstoncriminaltriallawyer.net</link> <description>12345 Jones Rd., Suite 288, Houston, TX 77070. Tel. 713-835-1194</description> <lastBuildDate>Tue, 17 Oct 2023 20:22:33 +0000</lastBuildDate> <language>en-US</language> <sy:updatePeriod> hourly </sy:updatePeriod> <sy:updateFrequency> 1 </sy:updateFrequency> <generator>https://wordpress.org/?v=6.7.2</generator> <image> <url>https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2020/03/cropped-IMG_1027-3-32x32.jpg</url> <title>Uncategorized | Houston Criminal Lawyer James Sullivan | Harris County Defense Attorney</title> <link>https://www.houstoncriminaltriallawyer.net</link> <width>32</width> <height>32</height> </image> <item> <title>What to Consider When Choosing a Houston Criminal Lawyer to Represent You</title> <link>https://www.houstoncriminaltriallawyer.net/what-to-consider-when-choosing-a-houston-criminal-lawyer-to-represent-you/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Sun, 16 Apr 2023 03:08:48 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=15638</guid> <description><![CDATA[Choosing a Harris County criminal defense lawyer is an important decision that can have a significant impact on the outcome of a criminal case. Prospective criminal clients should consider the following factors when selecting a lawyer: Experience: Look for a lawyer who has experience handling cases similar to your own. Criminal law is a complex […]]]></description> <content:encoded><![CDATA[<p>Choosing a Harris County criminal defense lawyer is an important decision that can have a significant impact on the outcome of a criminal case. Prospective criminal clients should consider the following factors when selecting a lawyer:</p> <ol> <li><span style="color: #ff9900;">Experience</span>: Look for a lawyer who has experience handling cases similar to your own. Criminal law is a complex and specialized area of law, and an experienced criminal defense lawyer will have the knowledge and skills necessary to navigate the legal system and provide effective representation. How many criminal cases has the lawyer tried to a jury? How many has the lawyer won at trial?</li> <li><span style="color: #ff9900;">Reputation</span>: Look for a lawyer who has a good reputation in the legal community. A lawyer’s reputation can impact the outcome of a case, as judges, prosecutors, and other lawyers may be more likely to take their arguments seriously. Ask court staff if they know the lawyer and what their reputation is. Read their Google profile and pay attention to their negative reviews. Lawyers who take on more cases than they can reasonably handle are usually reflected in those reviews.</li> <li><span style="color: #ff9900;">Communication skills</span>: Look for a lawyer who communicates clearly and effectively. A good criminal defense lawyer should be able to explain legal concepts in a way that is easy to understand and should keep you informed about the status of your case. Lawyers that do not return calls, come to court very late if at all, or fail to keep clients informed of the status of their cases will usually receive bad reviews to that effect.</li> <li><span style="color: #ff9900;">Availability</span>: Look for a lawyer who is available to answer your questions and address your concerns. A good criminal defense lawyer should be responsive to your needs and should be willing to meet with you outside of normal business hours if necessary. Lawyers who do not return calls timely and are never available after hours or on the weekend are certainly not putting their clients first.</li> <li><span style="color: #ff9900;">Strategy</span>: Look for a lawyer who has a clear strategy for your case. A good criminal defense lawyer should be able to explain their approach to your case and should be willing to discuss alternative strategies if necessary. Many young and inexperienced lawyers are still learning the trade, may not have any or little trial experience, and their approach to your case may be worlds apart from what a reputable trial lawyer can offer, so always talk to several lawyers before making a decision.</li> <li><span style="color: #ff9900;">Fees</span>: Look for a lawyer who is transparent about their fees and expenses. A good criminal defense lawyer should provide you with a clear explanation of their billing practices and should be willing to work with you to develop a payment plan that is manageable for you. Be wary if the fee is too high or too low. Some lawyers may set very high fees to give the impression they are the best when they may only be average and some lawyers that are not reputable may set very low fees because they earn a living handling cases in high volume but provide mediocre legal service.</li> </ol> <p><a href="https://g.co/kgs/TDi1JH"><img decoding="async" class="alignright size-medium wp-image-9285" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2014/02/Fotosearch_k1243927-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2014/02/Fotosearch_k1243927-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2014/02/Fotosearch_k1243927-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2014/02/Fotosearch_k1243927-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2014/02/Fotosearch_k1243927-1-1080x720.jpg 1080w" sizes="(max-width: 300px) 100vw, 300px" /></a>It is important to take the time to research and interview several potential lawyers to find someone who is the right fit for you and your case. Does the lawyer answer your answer your most important questions? Does the lawyer rush you off the phone or take the time to truly understand your legal problem? Ultimately, the most important factor in choosing a criminal defense lawyer is finding someone with whom you feel comfortable and confident.</p> <p><span style="color: #800000;">Contact James G. Sullivan & Associates to consult with experienced Houston Criminal Lawyers at <strong>(281) 546-6428</strong>.</span></p> ]]></content:encoded> </item> <item> <title>Houston Evading Arrest Lawyer | Harris County Evading Detention Attorney</title> <link>https://www.houstoncriminaltriallawyer.net/houston-evading-arrest-lawyer-harris-county-evading-detention-attorney/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Fri, 23 Dec 2022 23:08:47 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Criminal Lawyer]]></category> <category><![CDATA[Evading Arrest]]></category> <category><![CDATA[Evading Detention]]></category> <category><![CDATA[Harris County]]></category> <category><![CDATA[Houston]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=15624</guid> <description><![CDATA[Houston Criminal Lawyer James Sullivan defends clients charged with evading arrest. Sullivan has 28 years trial experience and getting cases dismissed. Call 281-546-6428 for a free consultation.]]></description> <content:encoded><![CDATA[<h2><span style="color: #ff9900;">Houston Evading Arrest Attorney</span></h2> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-thumbnail wp-image-13919" src="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-150x150.jpg" alt="" width="150" height="150" /></a>Evading Arrest by motor vehicle is a serious criminal offense in Texas. It often happens that a driver is unable to stop promptly when the police signal them to pull over. Unfortunately the police sometimes still arrest and charge the driver with a felony evading arrest.</p> <p>If you were arrested for an evading arrest, it is important that you contact the law firm of James G. Sullivan and Associates. Our experienced Harris County evading arrest lawyers can help. They may be able to persuade the grand jury or prosecutor to dismiss the felony charges because the police misunderstood your intentions or exaggerated what actually occurred.</p> <p>If you are charged with evading arrest or evading detention in Harris county, Fort Bend county, or Waller county, contact James G. Sullivan and Associates for a free consultation at <span style="color: #800000;"><strong>(281) 546-6428</strong></span>.</p> <p>It is important that the criminal defense lawyer you hire has experience in successfully handling evading arrest cases. By obtaining and presenting the right evidence, the lawyer may be able to prove your innocence or raise a reasonable doubt in the minds of jurors at trial. Regrettably, many drivers in these circumstances just assume that the court will believe their version of what happened and that their case will just be dismissed. As we all know, our criminal justice system is imperfect and even an innocent person may still face criminal liability.</p> <p>Evading arrest is the criminal offense charged on those that the police claim did not willingly submit themselves to an arrest or detention. The allegations that the police put in the offense report and the evidence the government presents in court is not always true and correct.</p> <h3><span style="color: #ff9900;">Harris County Evading Arrest by Vehicle, Watercraft or on Foot</span></h3> <p>In Texas, evading arrest by vehicle or watercraft is a third degree <a href="https://www.houstoncriminaltriallawyer.net/houston-felony-defense-lawyer-james-sullivan/">felony</a>, and evading arrest on foot is a class A misdemeanor, however the charges are increased if there are prior convictions or if someone suffers death or serious bodily injuries as a direct result of the flight. No matter what charge was filed against you by the District Attorney, our experienced criminal defense lawyers can be by your side. We know how to effectively fight an evading arrest charge and can defend you in all stages of the case.</p> <h4><span style="color: #ff9900;">Client Reviews on Evading Arrest Cases</span></h4> <blockquote> <p class="u-vertical-margin-0"><strong><em>Life Saver…not once, but twice</em></strong></p> <p class="u-vertical-margin-0"><em>…The next time we called upon Mr. Sullivan my son was now considered an adult and was being wrongfully accused by the police of <strong>evading detention</strong>. After Mr. Sullivan heard my son’s side of the story he agreed to defend him. He asked us to provide our detailed account of the situation in writing and we did. When we had our first court hearing it was evident that the DA’s office was not going to dismiss the case. Mr. Sullivan told my son that if he wanted to go to trial he would fight for him, but it was up to him. I appreciated him asking and fighting for my son!</em><br /> <em>I believe the tenacity of Mr. Sullivan and his insistence on a jury trial are what finally persuaded the DA’s office to dismiss charges for my son. Not only did this happen for our son, but the 3 other young men being wrongfully accused also were dismissed. So essentially Mr. Sullivan helped them all by listening, understanding and believing my son and then not allowing us to give up proving it to be a false accusation!</em><br /> <em>I would recommend Mr. Sullivan to anyone who is looking for an honest, understanding, and tenacious attorney!</em></p> <p class="u-vertical-margin-0">Avvo client review posted by Page on July 13, 2015</p> <p class="u-vertical-margin-0"><strong><em>Outstanding Attorney</em></strong></p> <p><em>I hired Jim Sullivan for my daughters <strong>felony evading arrest</strong> and theft case. I could not be any happier with my decision. He is an amazing attorney and a very compassionate and understanding human being. Both of my daughters cases were dismissed! I would highly recommend Jim Sullivan to anyone needing a criminal defense attorney.</em></p> <p>Avvo client review posted by Tracie on May 29, 2012</p></blockquote> <p>The law firm of James G. Sullivan and Associates has extensive criminal defense experience, which is necessary in defending evading arrest charges.</p> <p>Contact our Houston evading arrest lawyers at <span style="color: #800000;"><strong>(281) 546-6428</strong></span> for a free consultation.</p> ]]></content:encoded> </item> <item> <title>Texas Criminal Process</title> <link>https://www.houstoncriminaltriallawyer.net/texas-criminal-process/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Wed, 17 Aug 2022 01:48:39 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">http://www.houstoncriminaltriallawyer.net/?p=15443</guid> <description><![CDATA[If you have been arrested in the Greater Houston / Harris County area for a Class A or B misdemeanor or felony offense, it is important to consult with a reputable criminal trial attorney who understands the Texas criminal process in Houston. You want to hire someone who will show you their actual case results and […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>If you have been arrested in the Greater Houston / Harris County area for a Class A or B misdemeanor or felony offense, it is important to consult with a reputable criminal trial attorney who understands the Texas criminal process in Houston. You want to hire someone who will show you their actual case results and how likely they are to be successful in your case.</p> <p>If you have an open warrant for your arrest in Harris County, it is important to hire a criminal defense attorney in Houston, TX to represent you throughout all crucial elements of your case. The attorney may be able to represent you in court to get a bond set so you can do a walk through in the processing center, so that you do not have to turn yourself in first at the processing center and wait for a judge to set the bond and then be processed out as that can take many hours.</p> <p>In most cases, criminal defendants want an aggressive lawyer who will go to trial and fight on their behalf if their case requires it, who will try to negotiate an agreement to get the case dismissed so it can later be expunged, or who will suggest their client enter a plea deal if that is the best option for their case.</p> <h3><span style="color: #ff9900;">Texas Criminal Process Defense Lawyer in Cypress, Jersey Village, Tomball, Katy, Northwest Houston, TX</span></h3> <p>If you have been arrested for any criminal offense in Houston, James Sullivan is an experienced trial attorney who will make every effort to help you obtain the most desirable outcome in your specific situation by representing you throughout every important phase of the criminal process.</p> <p>Call James G. Sullivan & Associates today at <strong><span style="color: #800000;">281-546-6428</span></strong> for a consultation about your alleged criminal offense in Houston, Cypress, Katy, Tomball, and surrounding areas of Harris County, Texas. <a href="https://www.houstoncriminaltriallawyer.net">Our firm</a> will work to potentially get your criminal charges dismissed or reduced.</p> <h3><span style="color: #ff9900;">Houston Booking and Case Filing</span></h3> <p><span style="color: #ff0000;"><strong>[NOTE: We cannot file criminal charges. If you are seeking to file charges against someone, contact the police.]</strong></span></p> <p>After an alleged criminal offender has been arrested for a criminal offense in Houston, they will be held in jail until they appear before a judge. Immediately after the arrest, criminal defendants are taken to booking where their photographs and fingerprints are taken. Additionally, a fingerprint report, or rap sheet, is prepared that shows the defendant’s criminal history.</p> <p>In <a href="https://www.houstoncriminaltriallawyer.nethouston-misdemeanor-lawyer-james-sullivan/">misdemeanor cases</a>, while the defendant is held in jail, the arresting officer files the criminal charges with the <a href="https://www.harriscountyda.com/">district attorney’s (DA) office</a>. If the district attorney wants to pursue the case, the DA will prepare a charging instrument called an “information.” This is a written statement that is filed and presented on behalf of the state of Texas that charges the defendant with a crime. The information also puts the defendant on notice that they have been charged with a criminal offense. After the information is processed, the case is assigned to one of the 16 misdemeanor courts in Houston through a random process.</p> <p>In <a href="https://www.houstoncriminaltriallawyer.nethouston-felony-defense-lawyer-james-sullivan/">felony cases</a>, the arresting law enforcement agency will also file charges with the DA’s office.</p> <p>If a defendant is formally charged with a felony offense, their case will be assigned to one of the 26 felony (district) courts in Harris County.</p> <h3><span style="color: #ff9900;">Initial Appearance, Bail, and Arraignment in Houston</span></h3> <p>While the criminal defendant is held in jail, the jail will determine whether to set bail, to release the defendant from jail without bail (personal recognizance), or to hold the defendant in jail without bail. If bail is set, it can be posted at any time while the defendant is held in jail.</p> <p>If bail is set, the amount can be posted by a bail bondsman, or another person. After the amount of bail has been posted, the defendant is guaranteed they will appear at any subsequent hearings or at trial. If they do appear as ordered, the amount of the bond, less any fees paid to secure the bond, will be returned to the individual who posted it. If the defendant does not appear, the amount of the bond will be forfeited.</p> <p>After an information has been filed and the judge has decided whether to set bail or not, the defendant is entitled to an initial appearance, which is also known as the arraignment, where they will be advised of the charges that have been brought against them. The judge will also conduct a probable cause hearing to determine whether there is sufficient evidence to file criminal charges against the defendant. If the judge finds probable cause, the case continues. If the judge finds no probable cause, the prosecutor may decide to present the case to the grand jury or dismiss the charge.</p> <p>The judge will also identify the defendant’s lawyer if one was hired or may appoint a lawyer to represent the defendant and set bail conditions at the arraignment.</p> <p>Additionally, your attorney will have an opportunity to argue the amount of bail that should be set, and if the prosecutor has requested the defendant be held in jail, your attorney will also argue for your release. At the end of the arraignment, the defendant will enter a plea of not guilty, <em>nolo contendere</em>, or guilty, and will be informed of the date of their next court appearance.</p> <p>Between the first and second court settings, these charges usually will then be presented to the <a href="https://www.houstoncriminaltriallawyer.netgrand-jury/">grand jury</a> to decide if there is enough evidence to charge the defendant with the crime. If the grand jury does decide there is enough evidence, they will file an indictment. This charging instrument is a written statement that formally accuses the person named of the criminal offense. The grand jury is a private proceeding that is comprised of a panel of citizens who are randomly selected to review criminal complaints provided by the police.</p> <p>If the grand jury decides to true bill the alleged offender, or formally charge them, the grand jury has determined there is sufficient evidence (probable cause) to charge the defendant with the alleged criminal offense and will issue an indictment. If the grand jury decides to no bill the alleged offender, the defendant will not be charged with a criminal offense because the grand jury did not find probable cause to proceed with the case.</p> <h3><span style="color: #ff9900;">Criminal Process and Pre-Trial Negotiations in Houston</span></h3> <p>Prior to any appearances, hearing, or trial for the defendant’s criminal charges, the defendant’s attorney and the prosecutor will have an opportunity to discuss any pretrial negotiations or enter a plea deal. They will also be able to enter a plea deal at the arraignment if this is in the defendant’s best interest.</p> <p>The defendant’s attorney and the prosecutor will determine if there are any immediate reasons to dismiss the case. More commonly discussed prior to trial, a plea deal is a resolution of the case where both the prosecutor and the defendant agree to a certain punishment without ultimately having a trial to determine the defendant’s guilt. Additionally, at any of these pretrial negotiations, the case may be reset, postponed, rescheduled, or a continuance may be requested by either party.</p> <h3><span style="color: #ff9900;">Houston Hearings, Appearances, and Pre-Trial Motions</span></h3> <p>After the defendant is released from jail on bail or bond, they will be informed of their next hearing date at their arraignment. The defendant is required to appear on the date and time where they were instructed to appear, or else they will risk losing the amount of bond and a warrant will be issued for their arrest.</p> <p>After any pretrial negotiations, but before trial, the court will set a date to hear all pretrial motions filed by both sides. The defendant’s attorney can file any motions arguing why the case should be dismissed or to suppress certain evidence. The most common pre-trial motions filed on behalf of a defendant can include any of the following:</p> <ul> <li>Motion to Dismiss for Lack of Probable Cause</li> <li>Motion to Exclude a Non-credible Witnesses’ Testimony</li> <li>Motion to Exclude the Defendant’s Confession</li> <li>Motion to Strike Prior Convictions</li> <li>Motion to Suppress Illegally Obtained Evidence</li> </ul> <h3><span style="color: #ff9900;">Houston Criminal Trial</span></h3> <p>If a defendant has rejected all pre-trial negotiations, the case has not been dismissed, and the defendant has pleaded not guilty to an alleged criminal offense, the case will be set for trial. The defendant can choose to have a bench trial or a jury trial.</p> <p>A bench trial is a trial without a jury where only the judge determines if the defendant is guilty or innocent. Additionally, in bench trials, the defendant waives any error in the case upon any subsequent appeals. A jury trial is comprised of a panel of 12 jury members for felony cases and six jury members for misdemeanor cases. The jury members are citizens in the county where the trial is held and are chosen through a process called <em>voir dire</em> (jury selection).</p> <p>After the jurors are seated, the guilt/innocence phase of the trial will begin. This phase involves the presentation of all evidence, and all witnesses are called to testify. The prosecutor has the burden of proving the defendant committed every element to the offense beyond a reasonable doubt. This is a very high burden of proof and often difficult to meet. The defense does not have to prove anything.</p> <p>In order to convict a defendant, all jurors must unanimously agree the defendant is guilty beyond a reasonable doubt. If they do not all agree, the jury is called a hung jury and the judge must declare a mistrial. The case will then later be retried if the prosecutor believes another jury will be able to reach a unanimous decision. The prosecutor also could dismiss the charge or offer the defendant a deal on a reduced charge instead of having another trial.</p> <p>If the defendant is found guilty, the punishment phase of the trial will occur next. This phase is used to determine the defendant’s punishment for their alleged offense. Prior to the beginning of trial, the defendant must choose whether to go to the judge or the jury to determine their punishment.</p> <p>If the defendant believes a legal error occurred in the trial based on the judge’s instructions to the jury or for permitting inadmissible evidence, they can file an appeal to the next highest court. The criminal appeal is not a pre-trial rehearing of the evidence.</p> <h3><span style="color: #ff9900;">Find a Houston Criminal Trial Attorney | James G. Sullivan & Associates</span></h3> <p>Contact us today for a consultation about your arrest and criminal charges in Harris County in Texas. James Sullivan is a knowledgeable criminal defense attorney in Houston who will make every effort to fight for you at every stage of the criminal process.</p> <p>Contact James G. Sullivan & Associates today at <span style="color: #800000;"><strong>281-546-6428</strong></span> for a consultation about your alleged offense in Houston, Cypress, Katy, Tomball, and surrounding areas of Harris County, Texas. <a href="https://www.houstoncriminaltriallawyer.net">Our firm</a> will work with the goal to get your criminal charges dismissed, won at trial, or reduced.</p> ]]></content:encoded> </item> <item> <title>Burglary of a Vehicle</title> <link>https://www.houstoncriminaltriallawyer.net/burglary-of-a-vehicle/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Sun, 29 Mar 2020 21:55:37 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">http://www.houstoncriminaltriallawyer.net/?p=13897</guid> <description><![CDATA[Burglary of a Vehicle Burglary of a vehicle means to break into or enter a vehicle with the intent to commit theft or any felony. Break into does not mean a person has to break a window to gain access. Break into can mean simply opening an unlocked vehicle door or reaching into the open […]]]></description> <content:encoded><![CDATA[<h2><strong>Burglary of a Vehicle</strong></h2> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-thumbnail wp-image-15596" src="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2022/12/Crim-from-Juve-1-150x150.jpg" alt="" width="150" height="150" /></a>Burglary of a vehicle means to break into or enter a vehicle with the intent to commit theft or any felony. Break into does not mean a person has to break a window to gain access. Break into can mean simply opening an unlocked vehicle door or reaching into the open bed of a pickup truck. Enter is defined as intruding any part of the body or an instrument (such as a slim jim tool) within the vehicle.</p> <p>Unlike traditional property theft, when an individual breaks into a vehicle the punishment the offender could receive does not depend on the value of the property taken but on the number of times the individual has been convicted of the crime.</p> <p>Even if real property is not taken from the vehicle or if no felony is committed, the prosecutor may charge you with the intent to commit theft or the intent to commit a felony. Conversely, your defense attorney may argue to the court how your intention was not to commit theft, but only to trespass, such as by seeking shelter during a storm.</p> <h4><strong>Houston Criminal Defense Attorney for Burglary of a Vehicle</strong></h4> <p>If you have been charged with a vehicle burglary, you risk having a permanent criminal record. With a thorough knowledge of the rules of criminal procedure and evidence, a seasoned trial lawyer brings invaluable experience to your defense.</p> <p>Contact James G. Sullivan and Associates today to schedule your free initial consultation. We will begin immediately evaluating your vehicle burglary charge.</p> <h4><strong>Punishment for Burglary of a Vehicle in Texas</strong></h4> <p>According to Texas Penal Code Sec. 30.04, the minimum penalty for a vehicle burglary as a Class A misdemeanor. Class A misdemeanors can be punished by up to one year in jail and/or a fine of up to $4,000. If you were previously convicted of a vehicle burglary, the penalty is still a Class A misdemeanor, but with no less than six months in jail.</p> <p>If you were previously convicted of two vehicle burglaries, the penalty will be a state jail felony. The state jail term is from 180 days to two years and a fine of up to $10,000. Felony convictions will stay on your permanent record, impact various state licenses, and prevent you from voting, serving on a jury, and owning a firearm, among other collateral consequences.</p> <h4><strong>Burglary of a Vehicle Defense Lawyer in Houston</strong></h4> <p>Contact James G. Sullivan and Associates today at <strong>(281) 546-6428</strong> for a free initial consultation about your alleged <a href="https://houstoncriminal-attorney.houstoncriminaltriallawyer.net/2020/03/29/property-crimes/">property crime</a> in Harris County, Fort Bend County, or Waller County, Texas. James Sullivan is an experienced Houston criminal defense attorney who will work hard to help you obtain the best outcome for your particular case.</p> ]]></content:encoded> </item> <item> <title>Recent Criminal Case Results</title> <link>https://www.houstoncriminaltriallawyer.net/recent-case-results/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Sat, 28 Mar 2020 13:51:41 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">http://www.houstoncriminaltriallawyer.net/?p=9352</guid> <description><![CDATA[Since 1994, Attorney James G. Sullivan has represented more than 3,000 clients in criminal and juvenile courts in Harris and surrounding counties. Sullivan gets proven results. The following criminal cases listed in reverse chronological order are exceptional and should not be considered as typical. Certainly, each case is different. Similar results may not be obtained […]]]></description> <content:encoded><![CDATA[<p class="entry-title main_title" style="text-align: left;"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-thumbnail wp-image-15596" src="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2022/12/Crim-from-Juve-1-150x150.jpg" alt="" width="150" height="150" /></a>Since 1994, Attorney James G. Sullivan has represented more than 3,000 clients in criminal and juvenile courts in Harris and surrounding counties. Sullivan gets proven results. The following criminal cases listed in reverse chronological order are exceptional and should not be considered as typical. Certainly, each case is different. Similar results may not be obtained in your case and past performance is no guarantee of future results.</p> <p class="entry-title main_title" style="text-align: left;">The case dismissals listed can be expunged because they were not the result of deferred adjudication. Note that these are examples of only the cases Sullivan has handled since 2017. For examples of criminal and juvenile cases that Sullivan has handled since 1994, go <a href="https://www.houstoncriminaltriallawyer.net/case-results/">here</a>.</p> <div class="entry-content"> <p style="text-align: left;">If you need a Houston Criminal Lawyer to represent you or a loved one, call James Sullivan at <span style="color: #800000;"><strong>(281) 546-6428</strong></span> for a free consultation.</p> <table width="1377"> <tbody> <tr> <td width="318"><strong><span style="color: #ff9900;">CHARGE</span></strong></td> <td width="998"><span style="color: #ff9900;"><strong>ACCUSATION AND RESULT</strong></span></td> <td width="61"><strong><span style="color: #ff9900;">COURT</span></strong></td> </tr> <tr> <td></td> <td></td> <td></td> </tr> <tr> <td><span style="color: #ff9900;">2023 CASE RESULTS</span></td> <td></td> <td></td> </tr> <tr> <td>Injury to a Child</td> <td>Case dismissed by the Grand Jury on 10/17/2023. Client was accused of injuring his 8 year old nephew by pushing him down onto a sofa.</td> <td>248th</td> </tr> <tr> <td>Evading Arrest by Motor Vehicle</td> <td>Case dismissed on 10/13/2023. Juvenile client was accused of fleeing from the police.</td> <td>315th</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 10/6/2023. Client was falsely accused by his brother of attacking him for the second time. The first case was filed in 2017. I represented him at trial, and the jury found him not guilty.</td> <td>5</td> </tr> <tr> <td>Aggravated Assault of a Family Member</td> <td>Case dismissed by the Grand Jury on 10/03/2023. Client was accused of injuring his roommate with a glass tumbler.</td> <td>230th</td> </tr> <tr> <td>Retaliation Against Police Officer</td> <td>Case reduced on 08/29/2023 to misdemeanor B terroristic threat with 2 days time served.</td> <td>209th</td> </tr> <tr> <td>Assault of a Family Member</td> <td>Case dismissed on 08/28/2023, less than one month after it was filed. Client was accused of injuring his girlfriend.</td> <td>HCCCL 16</td> </tr> <tr> <td>Assault of a Public Servant</td> <td>Case dismissed on 08/17/2023 prior to trial setting. Juvenile client was falsely accused by his middle school teacher of hitting her during class.</td> <td>315th</td> </tr> <tr> <td>Assault of a Family Member</td> <td>Case dismissed on 08/15/2023. Client was falsely accused by his mentally ill girlfriend of injuring her.</td> <td>HCCCL 7</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 08/15/2023. Client was attacked by the mother of her then boyfriend, the father of her child, while she was living with him at their home. The mother accused the client to shift the blame so that she herself would not be charged.</td> <td>HCCCL 3</td> </tr> <tr> <td>Criminal Mischief</td> <td>Case dismissed on 08/15/2023. The mother of her then boyfriend further claimed that the client keyed her car which also did not happen.</td> <td>HCCCL 3</td> </tr> <tr> <td>Interfering with Duties of a Public Servant</td> <td width="998">Case dismissed 07/27/2023 after Sullivan persuaded the Judge to find No Probable Cause. Sullivan had the PC hearing off docket, the day before client’s first appearance, so the client didn’t have to go to court at all.</td> <td>HCCCL 7</td> </tr> <tr> <td>Aggravated Assault of a Family Member</td> <td>Case dismissed on 07/26/2023 after DA read the defense packet for Grand Jury. Client was accused of threatening his wife with a firearm.</td> <td>176th</td> </tr> <tr> <td>Assault of a Family Member by Choking</td> <td width="998">Case dismssed by the Grand Jury on 07/24/2023. Client was falsely accused by his now ex-fiancee of choking her. In fact, she is a black out and angry alcoholic that took out her misplaced anger on him. She suffered severe trauma as a child and refused to seek therapy. Instead, she drinks alcohol to the point of oblivion. One night, she threatened him with a knife and he was forced to defend himself. His mistake was not calling the police on her that night. She refused to stop drinking and he broke up with her. She retaliated by filing this false charge.</td> <td>482nd</td> </tr> <tr> <td>Assault of a Family Member Enhanced to Felony</td> <td width="998">Case dismissed on 07/20/2023 at third Pretrial Conference setting. Client was accused of assaulting his girlfriend at a motel. Surveillance videos subpoenaed by the defense contradicted the woman’s story, and her own injuries were consistent with her falling down drunk. The case was about to be set for trial, and the DA dismissed it.</td> <td>180th</td> </tr> <tr> <td>Failure to Stop and Give Information</td> <td>Case dismissed on 07/13/2023. Client was accused of colliding with another vehicle and not stopping.</td> <td>HCCCL 16</td> </tr> <tr> <td>Robbery</td> <td>Case dismissed by the Grand Jury on 06/30/2023. Client was accused of assaulting his stepfather to get his mother’s car and apartment keys.</td> <td>183rd</td> </tr> <tr> <td>Aggravated Robbery</td> <td width="998">Case reduced to misdemeanor Assault with deferred adjudication on 05/11/2023. 17 year old client was accused of participating in an armed robbery with two other teens.</td> <td>179th</td> </tr> <tr> <td>Assault</td> <td width="998">Case dismissed on 05/10/2023. Client was falsely accused of assault. Several other guys attacked the complainant, but client and another teen were trying to stop the fight.</td> <td>HCCCL 13</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 04/24/2023. Client was falsely accused of assault against his mentally ill wife for the second time. In late 2018, he was first accused, and Sullivan represented him to get that case dismissed on 09/18/2019. In late 2022, he was accused again, and Sullivan defended him to get the second case dismissed.</td> <td>HCCCL 10</td> </tr> <tr> <td>Aggravated Assault</td> <td width="998">Case dismissed by the Grand Jury on 04/21/2023. Client was falsely accused for the third time by a mentally ill and violent ex-girlfriend who self-medicates with marijuana. The violent ex attacked a different girl and they agreed to blame it on the client. Sullivan previously represented the client on a felony burglary of a habitation to commit assault (dismissed on 03/15/2022) and a misdemeanor family violence related charge (dismissed on 09/20/2022). The violent ex was charged with 2 felony domestic violence cases in another county after she viciously assaulted my client in the past, and has retaliated ever since by filing 3 separate and false charges. The first two were already expunged when the third false charge was filed. The violent ex may soon be convicted at trial of both felony charges.</td> <td>182nd</td> </tr> <tr> <td>Injury to the Elderly</td> <td>Case dismissed on 04/17/2023. Elderly client was accused of hitting her husband while intoxicated.</td> <td>184th</td> </tr> <tr> <td>Assault of a Family Member</td> <td>Case dismissed on 04/15/2023. Client was accused of attacking her husband while intoxicated.</td> <td>HCCCL 15</td> </tr> <tr> <td>Assault</td> <td>Case dismissed on 03/20/2023. Client was accused of attacking a 17 year old girl at a water park.</td> <td>HCCCL 7</td> </tr> <tr> <td>Assault of a Family Member</td> <td>Case dismissed on 03/02/2023. Client was accused of attacking her soon to be ex-husband, a violent drug addict.</td> <td>HCCCL 3</td> </tr> <tr> <td>Hearing on DA’s Motion to Transfer Juvenile</td> <td width="998">On 02/09/2023, DA’s Motion to Transfer Determinate Sentence Probation to Criminal District Court was denied and probation ended after lengthy and contested hearing. If the motion was granted, the juvenile client would have struggled his entire life to survive, let alone thrive, with an adult record that could never be sealed. Instead, the client’s probation ended.</td> <td>315th</td> </tr> <tr> <td>Terroristic Threat</td> <td width="998">Case dismissed on 01/30/2023. Client, a decorated and disabled Army veteran, was accused of threatening a garbageman when it was the other way around.</td> <td>HCCCL 13</td> </tr> <tr> <td>Assault of a Public Servant</td> <td width="998">Case dismissed on 01/27/2023. Juvenile client was originally charged with murder and assault of a public servant from two separate incidents. The murder charge was dismissed 10/28/2022. The felony assault charge was dismissed right before Sullivan set the case for trial.</td> <td>314th</td> </tr> <tr> <td></td> <td></td> <td></td> </tr> <tr> <td><span style="color: #ff9900;">2022 CASE RESULTS</span></td> <td></td> <td></td> </tr> <tr> <td width="318">Continuous Family Violence and Violation of Bond Conditions</td> <td width="998">On 12/01/2022, Continuous Family Violence case dismissed and Violation of Bond Conditions reduced to a misdemeanor. Client was accused of assaulting his girlfriend twice within a few months and the second domestic violence incident allegedly occurred while on bond with a no contact order.</td> <td>208th</td> </tr> <tr> <td> Theft</td> <td>Case dismissed on 11/30/2022. Client was accused of stealing from his employer.</td> <td>HCCCL 13</td> </tr> <tr> <td>Assault of a Family Member by Choking</td> <td>Case reduced on 11/17/2022 to misdemeanor unlawful restraint with 2 years deferred adjudication probation. Client was accused of choking his wife.</td> <td>208th</td> </tr> <tr> <td width="318">Discharge of Firearm in Metro Area & Unlawful Carrying of a Weapon</td> <td>Cases dismissed on 11/10/2022. Client was accused of firing his weapon within city limits of Houston.</td> <td>HCCCL 1</td> </tr> <tr> <td width="318">Criminal Mischief</td> <td>Case dismissed on 11/02/2022. Client was accused of damaging his girlfriend’s car.</td> <td>HCCCL 9</td> </tr> <tr> <td>Murder</td> <td width="998">Case dismissed on 10/28/2022. Juvenile client was falsely accused of shooting at 3 men walking down the road at night and killing one of them. Client had been in juvenile detention for 10 days when his family hired Sullivan to represent him. Within a month Sullivan convinced the DA to dismiss the murder charge that a different DA had just filed earlier that same day, and the client was released. A detention employee said he had never seen anything like it in his 22 years of work.</td> <td>314th</td> </tr> <tr> <td>Illegal Dumping</td> <td width="998">Case dismissed on 10/20/2022. Client was accused of throwing a bag of trash in a nearby illegal dump site.</td> <td>HCCCL 3</td> </tr> <tr> <td>Aggravated Assault of a Family Member</td> <td width="998">Case dismissed by the Grand Jury on 10/07/2022. Client was falsely accused of threatening to shoot his wife with a handgun.</td> <td>232nd</td> </tr> <tr> <td>Terroristic Threat</td> <td width="998">The DA declined charges on 10/05/2022. Young juvenile and autistic client was accused of threatening to shoot a classmate and her family. Sullivan has forced the DA to dismiss similar cases in the past on the eve of setting the cases for trial, and his intervention in this case led to the DA’s decision to do the right thing.</td> <td>Juv</td> </tr> <tr> <td>Assault of a Family Member by Choking</td> <td width="998">Case dismissed by the Grand Jury on 09/29/2022. Client was falsely accused of choking his 15 year old son.</td> <td>232nd</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 09/20/2022. Client was falsely accused of attacking her ex-girlfriend in her ex’s apartment when she went with her mother to retrieve her belongings. This same ex falsely accused the client of breaking into her apartment and attacking her right after Xmas. Sullivan got that case in the 179th dismissed on 03/15/2022.</td> <td>HCCCL 10</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 09/16/2022 right before Sullivan set the case for a trial. Client was accused of striking her husband when in fact he was the abuser.</td> <td>HCCCL 12</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 09/15/2022 right before Sullivan set the case for a trial. Client was accused of hitting his wife while he was driving.</td> <td>HCCCL 5</td> </tr> <tr> <td width="318">Assault of a Family Member as 2nd Offender</td> <td width="998">Case dismissed on 08/30/2022, a few days after Sullivan was hired. Case was filed on 05/14/20. Client missed court date in March 2021 and was arrested on a felony warrant in August 2022. Sullivan was retained a week later and got the case dismissed a few days later. Client was accused of pushing his girlfriend to the floor. Client was previously convicted of choking the same girlfriend 5 years before.</td> <td>183rd</td> </tr> <tr> <td width="318">Theft</td> <td width="998">Case dismissed on 08/11/2022. Client was accused of shoplifting.</td> <td>HCCCL 11</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 07/28/2022. Client was accused of hitting his girlfriend when it was actually the other way around.</td> <td>HCCCL 10</td> </tr> <tr> <td>Retaliation against a Police Officer</td> <td width="998">Case reduced to misdemeanor terroristic threat on 07/28/2022. Client was heavily intoxicated at a club, was physically beaten up by security guards when he tried to go back inside for his cell phone. Client was initially arrested for public intoxication, but then after the officer turned off his BWC in the processing section of the jail the officer claims client threatened to kick his butt if he ever saw him on the street. It was clear the officer was antagonistic towards the client during the 45 minute video but client chose not to risk a possible felony conviction at trial.</td> <td>176th</td> </tr> <tr> <td>False Report</td> <td>Case dismissed on 07/28/2022. Client was accused of calling the police on a false report.</td> <td>HCCCL 10</td> </tr> <tr> <td>Terroristic Threat</td> <td width="998">Juvenile charges declined by the DA on 07/05/2022. Client was accused of sending a threatening online message to a girl in school. Sullivan spoke with police detective several times and explained why there was no probable cause to charge his client, and ultimately the DA agreed.</td> <td></td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 06/30/2022, one week before the jury trial. Client was accused of injuring his girlfriend when she was trying to snatch his cellphone from his hand.</td> <td>HCCCL 7</td> </tr> <tr> <td>Interfering with Emergency Call</td> <td width="998">Case dismissed on 06/23/2022. Client was accused of breaking his wife’s phone so she couldn’t call 911.</td> <td>HCCCL 4</td> </tr> <tr> <td>Interfering with Duties of Public Servant</td> <td width="998">Case dismissed on 06/22/2022. Client and his friends were asked to leave a bar because another patron got into an argument. As they left, police arrived. And, client was arrested for no good reason.</td> <td>HCCCL 1</td> </tr> <tr> <td>Evading Police by Motor Vehicle</td> <td width="998">Case dismissed on 6/16/2022. Client had only recently received her drivers license, was on her way to her first day on a new job, and took a long time to pull over.</td> <td>174th</td> </tr> <tr> <td>Aggravated Assault of a Family Member</td> <td width="998">Case dismissed by the Grand Jury on 06/14/2022. Client was accused of trying to run over his wife with his pickup truck and her son claimed to be a witness.</td> <td>482nd</td> </tr> <tr> <td>Assault of a Family Member</td> <td>Case dismissed on 06/09/2022. Client was accused of hitting the father of her child.</td> <td>HCCCL 7</td> </tr> <tr> <td>Theft</td> <td>Case dismissed on 06/06/2022. Client was accused of shoplifting.</td> <td>HCCCL 15</td> </tr> <tr> <td width="318">Engaging in Organized Crime – Aggravated Robbery</td> <td width="998">Case reduced on 05/12/22 to Robbery with 5 years Deferred Adjudication. Client was accused of being a lookout on a donut shop robbery in early 2020 and stayed out of trouble. Two of the three co-actors that entered the store with guns continued to commit other aggravated assaults or robberies after being released on bond.</td> <td>180th</td> </tr> <tr> <td width="318">Aggravated Assault of a Family Member & Assault of a Family Member by Choking</td> <td width="998">Aggravated Assault case dismissed and Choking case reduced to a misdemeanor assault of a family member with deferred adjudication on 04/19/22. The case was about to be set for a jury trial. The Client was accused of choking his girlfriend and causing her to suffer hip and pelvis fractures. The Client defended himself when his girlfriend pulled a gun on him.</td> <td>351st</td> </tr> <tr> <td>Online Impersonation</td> <td width="998">Case reduced on 04/14/2022 from a felony to a misdemeanor, online harassment, with deferred adjudication probation. Client was accused of impersonating another high school student online and harassing her.</td> <td>179th</td> </tr> <tr> <td>Unlawful Restraint</td> <td>Case dismissed on 04/12/2022. Client was accused of holding his girlfriend against her will.</td> <td>HCCCL 13</td> </tr> <tr> <td>Injury to the Disabled</td> <td>Case dismissed on 04/11/2022. Client was accused of injuring her abusive ex-husband.</td> <td>177th</td> </tr> <tr> <td>Assault of a Police Officer</td> <td>Case dismissed on 03/22/2022. Teenage client was accused of kicking a police officer in the chest.</td> <td>338th</td> </tr> <tr> <td>Assault of a Pregnant Family Member</td> <td width="998">Case dismssed on 02/16/2022, the day before trial. Client was accused of choking his pregnant sister.</td> <td>209th</td> </tr> <tr> <td>Aggravated Assault</td> <td width="998">Cased reduced on 02/01/2022 from a felony to a misdemeanor assault. Client was accused of pointing a gun at a next door neighbor in an apartment building.</td> <td>208th</td> </tr> <tr> <td width="318">Burglary of a Habitation with intent to commit Assault</td> <td width="998">No Probable Cause found on 01/18/2022. Sullivan persuaded the Judge to find No PC against his female client who was invited to her girlfriend’s apartment, was attacked by her girlfriend, and was lied on by her girlfriend afterwards. The DA dismissed the felony charge on 03/15/2022.</td> <td>179th</td> </tr> <tr> <td>Theft</td> <td>Case dismissed on 01/13/2022. Client was accused of stealing from her employer.</td> <td>HCCCL 8</td> </tr> <tr> <td>Assault of a Family Member</td> <td>Case dismissed on 01/04/2022. Client was accused of striking his girlfriend.</td> <td>HCCCL 13</td> </tr> <tr> <td></td> <td></td> <td></td> </tr> <tr> <td><span style="color: #ff9900;">2021 CASE RESULTS</span></td> <td></td> <td></td> </tr> <tr> <td>Injury to a Child (2 cases)</td> <td width="998">Cases dismissed by the Grand Jury on 11/30/2021. Client was accused of injuring her children by spanking them.</td> <td>183rd</td> </tr> <tr> <td>Forgery of Government Instrument</td> <td>Case dismissed on 11/23/2021. Client was accused of possessing a fake social security card.</td> <td>232nd</td> </tr> <tr> <td>Theft</td> <td width="998">Case dismissed on 10/21/2021. Client was accused of stealing a car dolly when in fact he merely helped an in-law to rent one and the in-law failed to return it.</td> <td>HCCCL 4</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 10/07/2021, a few days before trial. Client was charged with a felony injury to a child and a misdemeanor family violence from the same incident in 2020. The felony case was dismissed on 05/27/2021, however the DA refused to dismiss the family violence charge, so I set it for a jury trial. The complainant, his wife, already admitted that she was drunk the night her daughter lied and said client had knocked her down. The complainant then went after the Client who pushed her back in self defense.</td> <td>HCCCL16</td> </tr> <tr> <td>Assault of a Family Member by Choking</td> <td width="998">Case dismissed on 10/05/2021 by DA after reading the grand jury defense packet. My client was very drunk, depressed and feeling suicidal the night he and his husband discussed the problems in their marriage. His spouse called 911 for mental health intervention. The police show up, and arrested my client on false charges.</td> <td>183rd</td> </tr> <tr> <td>Assault of a Family Member by Choking</td> <td width="998">Case dismissed on 10/04/2021, the day of trial. Client and his wife have been in an arranged marriage for 30 years. The wife made up the accusations, presumably as a pretext for divorce, however their own teenage children were witnesses to the non-event and were prepared to testify in support of their father.</td> <td>228nd</td> </tr> <tr> <td>Aggravated Robbery</td> <td width="998">Case dismissed by the Grand Jury on 09/24/2021. Client, a store owner, was accused of attacking and stealing money from a thieving customer when it was just the opposite. The thief repeatedly fed the gaming machines a laminated $100 bill, yanked it back out, and then requested a fraudulent refund from the temporary store clerk who was working alone. When the owner and the clerk confronted the thief at a machine the next day, the thief attacked the owner and the clerk defended him. The thief escaped and claimed the owner had robbed him of the money he had “honestly won.” The police did a brief and shoddy investigation. The thief actually had the gall to hire a lawyer to sue the store owner.</td> <td>208th</td> </tr> <tr> <td>Aggravated Assault of a Police Officer</td> <td width="998">Case reduced to felony Deadly Conduct with deferred adjudication probation on 09/22/2021. The night the curfew was lifted after Hurricane Harvey in September 2017, Client and his friend went out to eat and then shoot off some steam. A few blocks from home around one in the morning, client slowly drove down an empty street and fired a pistol grip AK-47 several times into the air. An AK-47 fires a hypersonic round and the sound waves made by the round can make someone within earshot believe they were being shot at. Unbeknownst to them, 3 HPD K-9 cops in separate SUVs were parked over a 100 yards away on the other side of a hedgerow and tall fencing. As soon as they passed, the cops came after them. Client drove slowly to his house with the hazard lights on. The cops claimed they were being shot at. Client and his friend did not know they were there. The DA offered 25 years in prison. After 4 years and multiple trial settings , the DA finally agreed to do the right thing.</td> <td>263rd</td> </tr> <tr> <td>Unlawful Installation of Tracking Device</td> <td width="998">Case dismissed on 09/16/2021. Client was accused of installing a tracking device (a Sprint Drive primarily used as a wireless hotspot) in his baby mama’s car in October 2020 while the aggravated assault charge was still pending. Fortunately, about two weeks before that, my client returned from out of town and found that his truck was burglarized and the Sprint Drive and two phones were stolen. He called the police and a report was made. The complainant tried to set my client up and failed miserably.</td> <td>HCCCL 14</td> </tr> <tr> <td>Aggravated Assault of a Family Member</td> <td width="998">Case dismissed on 09/16/2021. Client was accused of threatening his baby’s mama with a knife. The complainant has mental problems, and took out her frustrations on my client. Case was originally filed right after the March 2020 quarantine.</td> <td>262nd</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 09/07/2021. Client accused of hitting his girlfriend, and then running away while in handcuffs. The DA agreed to dismiss the family violence charge, and the client pled guilty to time served on the misdemeanor escape charge.</td> <td>HCCCL 1</td> </tr> <tr> <td>Aggravated Assault of a Police Officer</td> <td width="998">Case dismissed on 09/02/2021. Client accused of striking police officer with his car door as he sped off and was later also charged with evading by motor vehicle. Client had a felony drug history. Sullivan pressured the DA to dismiss the aggravated assault and let his client go to the judge for punishment at a PSI hearing on the evading charge. The judge granted client probation.</td> <td>180th</td> </tr> <tr> <td width="318">Burglary of habitation to commit Assault</td> <td width="998">Case dismissed on 08/31/2021. Client was accused of forcing his way into his boyfriend’s apartment to attack him.</td> <td>180th</td> </tr> <tr> <td width="318">Burglary of habitation to commit Assault</td> <td width="998">Case dismissed by the Grand Jury on 08/25/2021. Client was accused of trying to force her way into her ex-boyfriend’s apartment to attack his new girlfriend. However, her ex and the new girlfriend lied to the police. Her ex has a lengthy criminal record.</td> <td>263rd</td> </tr> <tr> <td>Abandoning Child</td> <td width="998">Case dismissed on 08/02/2021. Client accused of leaving her young children unsupervised at her apartment while she went to work.</td> <td>179th</td> </tr> <tr> <td>Assault of a Police Officer</td> <td width="998">Case dismissed on 07/15/2021. Client accused of attacking an off duty policeman who worked security at a bar.</td> <td>351st</td> </tr> <tr> <td>Violation of a Protective Order</td> <td width="998">Case dismissed on 07/09/2021. Client was at least the 4th or 5th man accused of family violence in two different counties by a mentally unstable nympho that goes from failed sexual relationship to failed sexual relationship. When she’s bored with one guy, she seduces a new guy. She then accuses the first guy of family violence and gets a protective order in order to get him out of the picture. My client’s family violence case was dismissed on 11/03/2020, and now his felony violation of protective order is dismissed.</td> <td>209th</td> </tr> <tr> <td>Aggravated Robbery</td> <td width="998">Case dismissed on 07/08/2021, one month before trial. Client accused of robbing a guy for his cellphone outside a Kroger store. Client was mistaken for his twin brother.</td> <td>182nd</td> </tr> <tr> <td>Aggravated Robbery</td> <td width="998">Juvenile client received a pretrial diversion on 06/29/2021. Client was accused of acting as a lookout on an armed robbery of a business with three adult co-actors. When he completes the diversion program, the case will be dismissed. Client also has football scholarship offers across the country, and will be able to play football in college once he completes the pretrial diversion.</td> <td>315th</td> </tr> <tr> <td>Assault of a Family Member</td> <td>Case dismissed on 06/29/2021. Client was accused of attacking his wife on his wedding night.</td> <td>HCCCL 1</td> </tr> <tr> <td>Arson (2 cases)</td> <td width="998">Juvenile client received a pretrial diversion on 06/28/2021. Client was accused of setting a car on fire and on a later date trying to set a house on fire. The DA was strongly opposed to the deferred, but I believe the judge did the right thing. Client was brought here as a toddler and was not yet an American citizen. If not granted a pretrial diversion, client could be deported back to a country where he knows no one and does not speak the language. When he completed the diversion program 6 months later, the felony cases were dismissed.</td> <td>313th</td> </tr> <tr> <td>Aggravated Assault of a Family Member</td> <td width="998">Case dismissed by the Grand Jury on 06/10/2021. Client was accused of striking her former roommate with a board. However the former roommate, a large and strong butch woman in the LGBTQ community, was the aggressor and put the client in a chokehold. Client had to fight for her life. The former roommate had bipolar disorder, self medicated with alcohol and drugs, and had a history of stealing and destroying property of other roommates and then playing the victim. The police did a minimal investigation and chose to believe the former roommate over the client, the actual victim.</td> <td>338th</td> </tr> <tr> <td>Assault of a Family Member by Choking</td> <td width="998">Case dismissed on 05/28/2021. Client was accused of choking his wife who was highly intoxicated. The allegations were false. His wife attacked him and then threw his young daughter down who had tried to separate them. Client restrained his wife to protect his child. Her young son called the police. As a result of the false allegation and the wife’s alcoholism, the couple divorced.</td> <td>351st</td> </tr> <tr> <td>Injury to a Child</td> <td width="998">Case dismissed on 05/27/2021. Client was accused of injuring his stepdaughter. Client and his wife fell off the wagon during the pandemic. One day while his wife was highly intoxicated, the stepdaughter got mad because Client made her do her chores. The stepdaughter then lied to her mother and said Client knocked her down. Her mother flew into a rage and went after Client.</td> <td>337th</td> </tr> <tr> <td>Assault of a Family Member by Choking</td> <td width="998">Case reduced to misdemeanor with deferred adjudication probation on 05/13/21. If client had not said what he did to the police, the result may have been better.</td> <td>339th</td> </tr> <tr> <td>Assault of a Family Member</td> <td>Case dismissed on 05/10/2021. Client was accused of attacking her husband while she was drunk.</td> <td>HCCCL 8</td> </tr> <tr> <td>Assault of a Family Member</td> <td>Case dismissed on 04/21/2021. Client was accused of pushing his wife down while he was drunk.</td> <td>HCCCL 12</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 04/05/2021. Client was accused of punching his girlfriend outside of his apartment after they returned from a night of drinking. He did not want her to come inside. After he went in and locked the door, she climbed over his second story balcony, entered through the unlocked sliding door, went to the kitchen and grabbed a sharp knife. He had to take it away from her. They made up. She spent the night. The next day she called the police and failed to mention how she herself committed a serious felony by breaking in and grabbing a deadly weapon to threaten or to attack my client.</td> <td>HCCCL 7</td> </tr> <tr> <td>Forgery</td> <td width="998">Case dismissed on 03/29/2021. Client was one of 20 people charged with a forging a fake McDonalds check and cashing it at a convenience store. My client was innocent. I convinced the DA to dismiss the case between the first and second court settings.</td> <td>351st</td> </tr> <tr> <td>Assault</td> <td width="998">Case dismissed on 03/24/2021. Client was accused of slapping a woman at a party at his house.</td> <td>HCCCL 13</td> </tr> <tr> <td>Aggravated Assault</td> <td width="998">Juvenile client received a pretrial diversion on 03/22/2021 after a two day hearing. Client scared two girls with an unloaded gun. Client wants to join the Marine Corps. The only way that might be possible is if he could get the felony charge dismissed after completing a pretrial diversion. I worked hard to get another juvenile client that opportunity in 2017, and that former client is now thriving in the Corps, and his mother testified as to how difficult it was to get her son into the Corps with just two misdemeanor convictions. When he completes the diversion program, the case will be dismissed.</td> <td>314th</td> </tr> <tr> <td>Aggravated Assault of a Family Member</td> <td width="998">Case dismissed on 03/19/2021. Client was accused of trying to run his ex-wife off of the road in January 2019. The allegations were completely false. Due to the pandemic and a new DA who didn’t know the difference between a good case and a dog case, my client’s case dragged on much longer than it should have. By the fourth jury trial setting, the DA finally evaluated and dismissed the case.</td> <td>351st</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 02/24/2021. Client was accused of striking her adult son while intoxicated.</td> <td>HCCCL 8</td> </tr> <tr> <td>Terroristic Threat</td> <td width="998">Case dismissed on 02/10/2021. Client was accused of threatening to kill his girlfriend’s ex-husband.</td> <td>HCCCL 10</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 01/13/2021. Client was accused of knocking his wife down.</td> <td>HCCCL 15</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 01/11/2021. Client was accused of striking his wife.</td> <td>HCCCL 10</td> </tr> <tr> <td width="318">Assault of a Family Member as a Second Offender</td> <td width="998">Case dismissed on 01/06/2021. Client accused of striking his live in girlfriend while both were drunk. Client had a prior family violence case against the same girlfriend.</td> <td>230th</td> </tr> <tr> <td width="318"></td> <td width="998"></td> <td></td> </tr> <tr> <td width="318"><span style="color: #ff9900;">2020 CASE RESULTS</span></td> <td width="998"></td> <td></td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 12/31/2020. Client was accused of family violence against his wife.</td> <td>HCCCL 16</td> </tr> <tr> <td>Fraudulent Possession of ID Info</td> <td width="998">Case dismissed on 12/30/2020. Client was accused of possessing ID cards of several different people with the intent to commit fraud.</td> <td>337th</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 11/04/2020. Client was at least the 4th or 5th man accused of family violence in two different counties by a mentally unstable nympho that goes from failed sexual relationship to failed sexual relationship. When she’s bored with one guy, she seduces a new guy. She then accuses the first guy of family violence and gets a protective order in order to get him out of the picture. My client was falsely accused and the only male victim willing to fight his case at trial.</td> <td>HCCCL 1</td> </tr> <tr> <td>Aggravated Assault</td> <td width="998">Case dismissed by Grand Jury on 10/30/2020. Client and his neighbors were tormented for years by an alcoholic neighbor contractor who invited his workers over every Saturday night to get their paychecks and to stay and drink outside for hours on end. The workers blocked driveways, urinated and threw beer bottles in yards. Client asked the contractor to not allow his workers to block his driveway. They did anyway. This was the week of the Black Lives Matter protests when police were preoccupied. Client allegedly fired his gun in the air to get the worker’s attention to move his truck. Since that night, the contractor keeps his workers out of the neighborhood. Client stood up for his neighbors and they are all grateful.</td> <td>209th</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case dismissed on 10/15/2020. Client, a soldier in the Army, was falsely accused of assault by his girlfriend outside a bar while passing through town. Sullivan got the case dismissed within 4 days of being hired. Client was about to be sent overseas.</td> <td>HCCCL 16</td> </tr> <tr> <td>Aggravated Assault (2 cases)</td> <td width="998">Cases reduced on 10/06/2020 to misdemeanor Deadly Conduct with one year of deferred adjudication. Client was accused of driving intoxicated in a bar parking lot and striking two pedestrians.</td> <td>262nd</td> </tr> <tr> <td>Motion to Revoke Probation</td> <td width="998">MRP dismissed on 09/11/2020. Client fell on hard times and stopped reporting in early 2016. Sullivan persuaded the court to allow him to fulfill the requirements of his probation and dismiss the case instead of sending him to jail.</td> <td>HCCCL 4</td> </tr> <tr> <td>Aggravated Assault</td> <td width="998">Case reduced on 09/04/2020 to misdemeanor Assault with 6 months of pretrial diversion right before trial setting. Client, a 14 year old girl, stabbed another girl in the arm and thigh in self defense after she was about to be jumped for a second time that day.</td> <td>314th</td> </tr> <tr> <td>Assault Family Member by Choking</td> <td width="998">Case dismissed on 08/20/2020. Client was accused of choking his wife during an argument. The DA assigned to the case failed to present the defense packet to the grand jury, but then the next DA agreed to do the right thing and dismissed the case.</td> <td>174th</td> </tr> <tr> <td width="318">Assault of a Family Member as a second offender (2 cases)</td> <td width="998">Cases dismissed by the Grand Jury on 07/30/2020. Client was accused of attacking his two brothers. His case was enhanced with two prior family violence convictions.</td> <td>263rd</td> </tr> <tr> <td>Burglary of a Building</td> <td width="998">Case dismissed on 07/21/2020. Client was accused of breaking into a pool house and stealing tools. On the first court setting, Sullivan persuaded the judge to find no probable cause client committed the offense.</td> <td>178th</td> </tr> <tr> <td>Interfering with Public Duties</td> <td width="998">Case dismissed on 06/26/2020, the first setting. Sullivan persuaded the judge to find no probable cause client committed the offense and the DA dismissed it.</td> <td>HCCCL 16</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case dismissed on 06/24/2020. Client accused of slapping his wife on two different occasions.</td> <td>HCCCL 11</td> </tr> <tr> <td>Evading Detention</td> <td width="998">Case dismissed on 03/18/2020. Client was accused of running from the police.</td> <td>HCCCL 16</td> </tr> <tr> <td>Theft</td> <td width="998">Case dismissed on 03/13/2020. Client was accused of shoplifting.</td> <td>HCCCL 6</td> </tr> <tr> <td>Hindering Apprehension</td> <td width="998">Case dismissed on 03/05/2020, the first setting. Sullivan persuaded the judge to find no probable cause client committed the offense and the DA dismissed it.</td> <td>HCCCL 14</td> </tr> <tr> <td>Aggravated Assault Family Member</td> <td width="998">After a punishment hearing on 02/27/2020, Sullivan persuaded the judge to grant deferred adjudication. Client accused of injuring his wife with fire while intoxicated. The DA’s best offer was 4 years TDC.</td> <td>337th</td> </tr> <tr> <td>Assault of a Police Officer</td> <td width="998">Case dismissed on 01/27/2020. Client accused of kicking a policeman.</td> <td>177th</td> </tr> <tr> <td>Assault Family Member by Choking</td> <td width="998">Case dismissed on 01/24/2020. Client accused of choking his then girlfriend.</td> <td>185th</td> </tr> <tr> <td>Aggravated Robbery</td> <td width="998">At a PSI Hearing on 01/22/2020, judge granted deferred adjudication. The DA only offered prison time.</td> <td>248th</td> </tr> <tr> <td>Burglary of a Habitation</td> <td width="998">At a Disposition hearing on 01/21/2020, juvenile client received deferred prosecution on the Burglary charge, and received an extension of the deferred he was already on for Terroristic Threat.</td> <td>315th</td> </tr> <tr> <td>Assault of a Police Officer</td> <td width="998">Case dismissed on 01/08/2020. Juvenile client accused of striking a policewoman.</td> <td>314th</td> </tr> <tr> <td></td> <td></td> <td></td> </tr> <tr> <td><span style="color: #ff9900;">2019 CASE RESULTS</span></td> <td></td> <td></td> </tr> <tr> <td>Aggravated Assault Family Member</td> <td width="998">Case Dismissed by the Grand Jury on 12/16/2019. Client accused of striking her fiancée in the nose, resulting in him needing nasal surgery.</td> <td>262nd</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 12/04/2019. Client accused of slapping his wife several times.</td> <td>HCCCL 12</td> </tr> <tr> <td>Assault</td> <td width="998">Case Dismissed on 11/11/2019. Client accused of attacking a classmate at her high school.</td> <td>HCCCL 16</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 11/07/2019. Client accused of striking her aunt in the face several times after her aunt shot her in the thigh with a shotgun.</td> <td>HCCCL 12</td> </tr> <tr> <td>Indecent Exposure</td> <td width="998">Case Dismissed on 11/07/2019. Client worked as cable guy and was accused of exposing himself to a female customer.</td> <td>HCCCL 12</td> </tr> <tr> <td width="318">Motion to Adjudicate on Assault of a Peace Officer and Retaliation</td> <td width="998">Probation reinstated on 11/06/2019 after client absconded for over 4 months.</td> <td>178th</td> </tr> <tr> <td width="318">PCS with intent to deliver 4-200g and Motion to Adjudicate on PCS PG1 1-4g</td> <td width="998">Probation case dismissed outright on 11/06/2019 and client received 4 years deferred on new 1st degree felony drug case. Sullivan proved that his client’s original case was tainted by ex-HPD narcotics officer Gerald Goines’ participation. Goines is currently charged with 2 counts of murder for lying to obtain a “no knock” warrant which led to the deaths of two citizens.</td> <td>179th</td> </tr> <tr> <td width="318">Burglary of a Habitation with intent to commit Aggravated Assault</td> <td width="998">Case reduced to Burglary of a Habitation and client received 5 years deferred adjudication at PSI hearing on 11/04/2019.</td> <td>176th</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 10/16/2019. Client accused of slapping his wife several times.</td> <td>HCCCL 4</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 10/16/2019. Client accused of striking his girlfriend in the leg with a metal object.</td> <td>HCCCL 16</td> </tr> <tr> <td>Aggravated Assault Family Member</td> <td width="998">Case reduced to misdemeanor Terroristic Threat of a Family Member with 1 year deferred adjudication on 10/08/2019. Client threatened to kill his girlfriend.</td> <td>228th</td> </tr> <tr> <td>Assault</td> <td width="998">Case Dismissed on 10/02/2018. Client accused of punching a physician assistant at CVS Pharmacy.</td> <td>HCCCL 7</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 09/23/2019. Client accused of pushing his wife down causing her to strike the back of her head on tile flooring.</td> <td>HCCCL 12</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 09/18/2019. Client accused of striking his wife.</td> <td>HCCCL 3</td> </tr> <tr> <td>Injury to the Elderly</td> <td width="998">Case Reduced to misdemeanor Assault Family Member with credit for time served in jail on 09/11/2019. Client injured his mother.</td> <td>209th</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 08/21/2019. Client accused of striking his girlfriend with his hand.</td> <td>HCCCL 10</td> </tr> <tr> <td>Terroristic Threat</td> <td width="998">Case Dismissed on 08/13/2019. Client accused of threatening his baby mama’s new boyfriend.</td> <td>HCCCL 15</td> </tr> <tr> <td>Criminal Mischief</td> <td width="998">Case Dismissed on 08/13/2019. Client accused of damaging the car of his baby mama’s new boyfriend.</td> <td>HCCCL 15</td> </tr> <tr> <td>Terroristic Threat</td> <td width="998">Case Dismissed on 08/13/2019. Client accused of threatening his baby’s mama.</td> <td>HCCCL 15</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 08/06/2019. Client was accused of striking his girlfriend with his hand.</td> <td>HCCCL 9</td> </tr> <tr> <td>Aggravated Assault with Deadly Weapon</td> <td width="998">Case reduced to misdemeanor Assault with time served on 07/18/2019. Client accused of threatening a security guard with his vehicle.</td> <td>262nd</td> </tr> <tr> <td>PCS 1-4g</td> <td width="998">Case Dismissed on 06/26/2019. Client accused of drug possession.</td> <td>182nd</td> </tr> <tr> <td>Carrying a Handgun in Motor Vehicle</td> <td width="998">Case Dismissed on 06/26/2019. Client accused of carrying a handgun in his car while also possessing drugs.</td> <td>HCCCL 5</td> </tr> <tr> <td>Assault</td> <td width="998">Case Dismissed on 06/20/2019. Client accused of hitting another fan at a soccer game.</td> <td>HCCCL 5</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 06/12/2019. Client accused of striking her boyfriend.</td> <td>HCCCL 1</td> </tr> <tr> <td>Aggravated Robbery with Deadly Weapon</td> <td width="998">Case Dismissed on 06/06/2019. Client was accused of being involved in a bank robbery.</td> <td>248th</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 05/23/2019. Client accused of striking his father with his hand.</td> <td>HCCCL 9</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Found Not Guilty at Jury Trial on 05/15/2019. Client, an Army veteran that served in Afghanistan, and his friend accused of going to his older brother’s apartment early in the morning, breaking in, dragging him outside and attacking him in the driveway. His brother’s pregnant girlfriend claimed she was also injured. After the not guilty, his friend’s assault charge was dismissed.</td> <td>HCCCL 3</td> </tr> <tr> <td>Sexual Assault of Child 14-17</td> <td width="998">At PSI Hearing on 05/08/2019, judge granted deferred adjudication. Client confessed to having sex with a 16 year old girl. The DA’s best offer was 13 years TDC.</td> <td>263rd</td> </tr> <tr> <td>Racing on Highway</td> <td width="998">Case Dismissed on 04/29/2019. Client accused of racing another car on a public roadway.</td> <td>HCCCL 11</td> </tr> <tr> <td>Criminal Mischief</td> <td width="998">Case Dismissed on 04/24/2019. Client accused of damaging a person’s vehicle.</td> <td>HCCCL 12</td> </tr> <tr> <td>Fraud</td> <td width="998">Case Dismissed on 04/10/2019. Client accused of switching price tags on clothing for sale.</td> <td>HCCCL 5</td> </tr> <tr> <td>Possession of Marijuana</td> <td>Case Dismissed on 04/04/2019.</td> <td>HCCCL 8</td> </tr> <tr> <td>Theft</td> <td width="998">Case Dismissed on 03/21/2019. Client accused of stealing over $2500 from her employer.</td> <td>232nd</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 03/06/2019. Client accused of pushing his girlfriend with his hand.</td> <td>HCCCL 6</td> </tr> <tr> <td>Aggravated Assault with Deadly Weapon</td> <td width="998">Case Dismissed by the Grand Jury on 03/01/2019. Client accused of threatening another guy with his handgun outside a bar.</td> <td>184th</td> </tr> <tr> <td>Failure to Stop and Give Information</td> <td width="998">Case Dismissed on 02/12/2019. Client accused of causing an accident and leaving the scene.</td> <td>HCCCL 5</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 02/12/2019. Client accused of striking and pushing his girlfriend with his hand.</td> <td>HCCCL 8</td> </tr> <tr> <td>Criminal Trespass to a Habitation</td> <td width="998">Case Dismissed on 02/05/2019. Client accused of entering wrong house and passing out on their sofa while intoxicated.</td> <td>HCCCL 11</td> </tr> <tr> <td>Assault Family Member</td> <td>Case Dismissed on 01/25/2019. Client accused of striking his wife with his hand.</td> <td>HCCCL 10</td> </tr> <tr> <td>Assault</td> <td width="998">Case Dismissed on 01/25/2019. Client accused of striking another high school student after that student harassed a female friend in class.</td> <td>HCCCL 14</td> </tr> <tr> <td></td> <td width="998"></td> <td></td> </tr> <tr> <td><span style="color: #ff9900;">2018 CASE RESULTS</span></td> <td width="998"></td> <td></td> </tr> <tr> <td width="318">Interfering with Emergency Telephone Call</td> <td width="998">Case Dismissed on 12/19/2018. Client accused of stopping girlfriend from calling 911.</td> <td>HCCCL 6</td> </tr> <tr> <td>Interfering with Duties of Public Servant</td> <td width="998">Case Dismissed on 12/14/2018. Client was intoxicated at a restaurant and disobeyed police officer’s instructions.</td> <td>HCCCL 8</td> </tr> <tr> <td>Assault Family Member by Choking</td> <td width="998">Case Dismissed by Grand Jury on 12/14/2018. Client was attacked by his baby’s mama and defended himself.</td> <td>179th</td> </tr> <tr> <td>Assault</td> <td width="998">Case Dismissed on 12/07/2018. Client accused of attacking an AT&T technician that peered over her balcony.</td> <td>HCCCL 15</td> </tr> <tr> <td>Assault</td> <td width="998">Case Dismissed on 11/30/2018. Client accused of hitting his girlfriend’s ex-boyfriend and baby’s papa.</td> <td>HCCCL 9</td> </tr> <tr> <td>Aggravated Assault with Deadly Weapon</td> <td width="998">Case Dismissed by Grand Jury on 11/26/2018. Client was accused of “road rage” by ramming complainant’s car through an intersection with his truck, however the complainant had pulled a gun on the accused prior to that.</td> <td>185th</td> </tr> <tr> <td>Assault Family Member with Prior Conviction</td> <td width="998">Case Dismissed on 11/16/2018. Client was accused of slapping her boyfriend.</td> <td>183rd</td> </tr> <tr> <td>Possession of Marijuana</td> <td width="998">Case Dismissed on 11/14/2018. Client accused of possessing weed.</td> <td>HCCCL 15</td> </tr> <tr> <td>Assault Family Member</td> <td width="998">Case Dismissed on 09/26/2018. Client accused of striking his wife with his hand.</td> <td>HCCCL 16</td> </tr> <tr> <td>Indecency with a Child</td> <td width="998">Case reduced to Indecency with a Child by Exposure on 09/13/2018. Client confessed to touching his niece when he was 19.</td> <td>337th</td> </tr> <tr> <td>Criminal Mischief</td> <td width="998">Case Dismissed on 08/30/2018. Client accused of damaging a stranger’s vehicle outside a bar.</td> <td>HCCCL 6</td> </tr> <tr> <td>Injury to a Child</td> <td width="998">Case Dismissed on 08/20/2018. Client was accused of injuring his son outside a grocery store.</td> <td>338th</td> </tr> <tr> <td>Theft</td> <td width="998">Case Dismissed on 08/13/2018. Client accused of retail theft.</td> <td>HCCCL 15</td> </tr> <tr> <td>Assault</td> <td width="998">Case Dismissed on 07/25/2018. Client accused of striking her girlfriend in the face with a closed fist.</td> <td>HCCCL 1</td> </tr> <tr> <td width="318">Assault Family Member by Choking</td> <td width="998">Case Dismissed on 07/10/2018. Client accused of choking his girlfriend.</td> <td>176th</td> </tr> <tr> <td>Injury to a Child</td> <td width="998">Case Dismissed by Grand Jury on 06/25/2018. Client used reasonable discipline against her 14 year old daughter after the girl stole her car for the second time.</td> <td>184th</td> </tr> <tr> <td>Aggravated Assault Family Member</td> <td width="998">Case Dismissed on 05/29/2018. Client accused of running over her boyfriend.</td> <td>178th</td> </tr> <tr> <td>Public Lewdness</td> <td width="998">Case Dismissed on 05/24/2018. Client accused of sexual activity with his girlfriend in school.</td> <td>HCCCL 11</td> </tr> <tr> <td>Aggravated Assault Family Member</td> <td width="998">Case Dismissed on 04/24/2018. Client accused of threatening to kill his wife and family with a firearm.</td> <td>178th</td> </tr> <tr> <td>Assault</td> <td width="998">Case Dismissed on 04/19/2018. Client accused of striking another guy at a party.</td> <td>HCCCL 7</td> </tr> <tr> <td>PCS</td> <td width="998">Case Dismissed on 03/23/2018. Client accused of unlawfully possessing Tramadol.</td> <td>HCCCL 7</td> </tr> <tr> <td>Possession of Marijuana 4oz – 5lbs</td> <td width="998">Case Dismissed on 03/21/2018. Client accused of possessing over 4 oz of weed.</td> <td>179th</td> </tr> <tr> <td>PCS</td> <td width="998">Case Dismissed on 03/19/2018. Client accused of possessing less than 1g of methamphetamine.</td> <td>232nd</td> </tr> <tr> <td>Interfering with Duties of Public Servant</td> <td width="998">Case Dismissed on 03/08/2018. Client accused of interfering with a criminal investigation.</td> <td>HCCCL 1</td> </tr> <tr> <td>Aggravated Assault Family Member</td> <td width="998">Case reduced to misdemeanor Deadly Conduct on 02/07/2018. Client accused of threatening his baby’s mama with an AR-15.</td> <td>351st</td> </tr> <tr> <td>Failure to ID to Police Officer</td> <td width="998">Case Dismissed on 01/26/2018. Client accused of lying to police about his name.</td> <td>HCCCL 8</td> </tr> <tr> <td>Burglary of a Motor Vehicle</td> <td width="998">Case Dismissed on 01/23/2018. Client accused of breaking into a neighbor’s vehicle at nighttime.</td> <td>HCCCL 10</td> </tr> <tr> <td>Unlawfully Carrying a Weapon</td> <td width="998">Case Dismissed on 01/10/2018. Client accused of carrying a firearm in his vehicle.</td> <td>HCCCL 13</td> </tr> <tr> <td></td> <td width="998"></td> <td></td> </tr> <tr> <td><span style="color: #ff9900;">2017 CASE RESULTS</span></td> <td></td> <td></td> </tr> <tr> <td>Arson</td> <td width="998">Case Dismissed by the Grand Jury on 11/28/2017. Client accused of setting a fire in his garage, however he was suffering an epileptic seizure at the time. Note: It is extremely rare that epilepsy has been used successfully in criminal defense.</td> <td>185th</td> </tr> <tr> <td>Theft</td> <td width="998">Case Dismissed on 11/20/2017. Client accused of retail theft.</td> <td>HCCCL 2</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case Dismissed on 10/23/2017. Client accused of striking his girlfriend with his hand.</td> <td>HCCCL 8</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case Dismissed on 10/18/2017. Client accused of striking his wife in the face with his hand.</td> <td>HCCCL 6</td> </tr> <tr> <td>Unlawfully Carrying of a Weapon</td> <td width="998">Case Dismissed on 08/21/2017. Client accused of unlawfully carrying a handgun.</td> <td>HCCCL 6</td> </tr> <tr> <td>Possession of Marijuana</td> <td width="998">Case Dismissed on 08/21/2017. Client accused of possessing weed.</td> <td>HCCCL 6</td> </tr> <tr> <td>Disarming of a Police Officer</td> <td width="998">Case Dismissed on 08/03/2017. Client accused of forcibly taking a stun gun away from the officer.</td> <td>208th</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case Dismissed on 06/07/2017. Client accused of striking her boyfriend with her hand.</td> <td>HCCCL 10</td> </tr> <tr> <td>Theft</td> <td width="998">Case Dismissed on 05/22/2017. Client accused of stealing between $750-2500 from his employer.</td> <td>HCCCL 7</td> </tr> <tr> <td>Failure to Stop and Give Information</td> <td width="998">Case Dismissed on 05/06/2017. Client accused of fleeing the scene of an accident.</td> <td>HCCCL 9</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case Dismissed on 05/03/2017. Client accused of grabbing his girlfriend’s jaw with his hand.</td> <td>HCCCL 4</td> </tr> <tr> <td>False Report</td> <td width="998">Case Dismissed on 04/25/2017. Client accused of calling 911, pretending to be a college coed who had been raped.</td> <td>HCCCL 1</td> </tr> <tr> <td>Criminal Mischief</td> <td width="998">Case Dismissed on 04/19/2017. Client accused of kicking a guy’s truck with his foot.</td> <td>HCCCL 9</td> </tr> <tr> <td>Assault of a Family Member by Choking</td> <td width="998">Case Dismissed by the Grand Jury on 03/09/2017. Client accused of choking his girlfriend.</td> <td>263rd</td> </tr> <tr> <td>Assault of a Family Member by Choking</td> <td width="998">Case Dismissed by the Grand Jury on 02/23/2017. Client accused of choking his wife.</td> <td>182nd</td> </tr> <tr> <td>Assault of a Family Member</td> <td width="998">Case Dismissed on 02/10/2017. Client accused of striking his wife with a picture frame.</td> <td>HCCCL 15</td> </tr> <tr> <td>Evade by Motor Vehicle</td> <td width="998">Case Dismissed on 02/03/2017. Client accused of fleeing from the police.</td> <td>177th</td> </tr> <tr> <td>Unlawful Carrying of a Weapon</td> <td width="998">Case Dismissed on 02/03/2017. Client accused of unlawfully carrying a handgun.</td> <td>HCCCL 13</td> </tr> </tbody> </table> </div> ]]></content:encoded> </item> <item> <title>Liberty County Juvenile Sex Crime Defense Attorney Jim Sullivan Can Defend Your Child</title> <link>https://www.houstoncriminaltriallawyer.net/liberty-county-juvenile-sex-crime-defense-attorney-jim-sullivan-can-defend-your-child/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Tue, 29 May 2012 03:27:00 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/2012/05/29/liberty-county-juvenile-sex-crime-defense-attorney-jim-sullivan-can-defend-your-child/</guid> <description><![CDATA[[Update: Due to the pandemic, we no longer practice law in Liberty County] Liberty County Juvenile Sex Offense Defense Lawyer Jim Sullivan is Board Certified in Juvenile Law.  He is a recognized expert in Juvenile Law and has been defending juveniles and adults since 1994. As parents, we know that children are naturally curious about […]]]></description> <content:encoded><![CDATA[<h4 style="text-align: left;"><span style="color: #3366ff;"><strong>[Update: Due to the pandemic, we no longer practice law in Liberty County]</strong></span></h4> <p style="text-align: left;"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="284" height="189" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 284px) 100vw, 284px" /></a>Liberty County Juvenile Sex Offense Defense Lawyer Jim Sullivan is Board Certified in Juvenile Law. He is a recognized expert in Juvenile Law and has been defending juveniles and adults since 1994.</p> <div style="text-align: left;">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.</div> <div style="text-align: left;"></div> <div style="text-align: left;"></div> <div style="text-align: left;">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.</div> <div style="text-align: left;"></div> <div style="text-align: left;"><b> </b></div> <div style="text-align: left;"><b>DIGNITY, EMPATHY AND COMPASSION</b></div> <div style="text-align: left;">Liberty, Texas Juvenile Sex Crime Attorney Jim 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.</div> <div style="text-align: left;"></div> <div style="text-align: left;"></div> <div style="text-align: left;">Attorney Jim 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.</div> <div style="text-align: left;"></div> <div style="text-align: left;"></div> <div class="separator" style="clear: both; text-align: left;"><a style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;" href="http://juveniledefenselaw.com/"><img decoding="async" src="http://4.bp.blogspot.com/-44efXVJvNLM/TyWoRh3mLKI/AAAAAAAAAZ8/TtQuQYx2IbE/s1600/TBLS-Logo-tag-R.gif" border="0"></a></div> <div style="text-align: left;">Texas Juvenile Sex Crime Attorney Jim 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.</div> <div style="text-align: left;"></div> <div style="text-align: left;"></div> <div style="text-align: left;"><span style="color: blue;"><b>POSSIBLE CONSEQUENCES OF JUVENILE SEX OFFENSES</b>:</span></div> <div style="text-align: left;"></div> <div style="text-align: left;"><b> </b></div> <div style="text-align: left;"><b>DISCRETIONARY TRANSFER TO CRIMINAL COURT </b></div> <div style="text-align: left;">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.</div> <div style="text-align: left;"></div> <div style="text-align: left;"><b> </b></div> <div style="text-align: left;"><b>DETERMINATE SENTENCE</b></div> <div style="text-align: left;">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.</div> <div style="text-align: left;"></div> <div style="text-align: left;"><b> </b></div> <div style="text-align: left;"><b>INDETERMINATE SENTENCE</b></div> <div style="text-align: left;">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.</div> <div style="text-align: left;"></div> <div style="text-align: left;"><span style="color: blue;"><b><span class="zem_slink"> </span></b></span></div> <div style="text-align: left;"><span style="color: blue;"><b><span class="zem_slink">SEX OFFENDER REGISTRATION</span></b></span></div> <div style="text-align: left;">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.</div> <div style="text-align: left;"></div> <div style="text-align: left;"><span style="color: blue;"><b> </b></span></div> <div style="text-align: left;"><span style="color: blue;"><b>DE-REGISTRATION – EXCUSING SEX OFFENDER REGISTRATION</b></span></div> <div style="text-align: left;">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 18<sup>th</sup> 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. <b>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</b>.<b> He can help you and he wants to hear from you.</b></div> <div style="text-align: left;"></div> <div style="text-align: left;"><span style="color: blue;"><b> </b></span></div> <div style="text-align: left;"><span style="color: blue;"><b>CASE RESULTS</b> <b>– JUVENILE SEX OFFENSES</b></span></div> <div style="text-align: left;">The case histories below represent a few of the many juveniles charged with sex offenses that Jim Sullivan has represented. All cases were in Harris county (Houston), except where noted. Past results are not a guarantee of a similar result in any future case.</div> <div style="text-align: left;">NOTES: 1° = 1<sup>st</sup> Degree Felony, 2° = 2<sup>nd</sup> Degree Felony, 3° = 3<sup>rd</sup> Degree Felony</div> <p style="text-align: left;"><b>AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)</b></p> <div style="text-align: left;">Won a dismissal for a 15 year old boy accused of having consensual sex with a 12 year old girl in her bedroom while two teenage friends allegedly listened in the adjoining room. The boy could then petition to have his juvenile record sealed immediately.</div> <div style="text-align: left;">RESULT: <span style="color: red;">NON-SUITED (DISMISSED)</span></div> <p style="text-align: left;"><b>SEXUAL ASSAULT (2° Felony)</b><br /> Won a dismissal one month before trial for a 16 year old boy accused of forcibly raping a 17 year old girl at her home. Prior to the dismissal, the State sought a determinate sentence which could have resulted in incarceration for up to 20 years and could have required the boy to register as a sex offender until the age of 28. The boy could then petition to have his juvenile record sealed immediately.</p> <div style="text-align: left;">RESULT: <span style="color: red;">NON-SUITED (DISMISSED) after Case was set for a Jury Trial</span></div> <div style="text-align: left;"></div> <div style="text-align: left;"><b> </b></div> <div style="text-align: left;"><b>INDECENCY WITH A CHILD (<b>2° Felony</b>)<br /> </b></div> <div style="text-align: left;">Won a dismissal for a 13 year old boy accused of fondling a 12 year old girl against her will at school. Prior to the dismissal, the State offered a year of probation at home, however the boy would have had to wait until he was 21 in order to seal his record. The boy could then petition to have his record sealed immediately.</div> <div style="text-align: left;">RESULT: <span style="color: red;">NON-SUITED (DISMISSED)</span></div> <div style="text-align: left;"></div> <div style="text-align: left;"><b><b> </b></b></div> <div style="text-align: left;"><b><b>AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)</b></b></div> <div style="text-align: left;">Secured reduction to a misdemeanor assault for a 16 year old boy charged with aggravated sexual assault of a child and indecency with a child involving his six year old half sister. On the day of trial, Sullivan persuaded the State to reduce the charges from a Determinate Sex Offense Felony case to a misdemeanor non-sex offense assault and to allow his client to receive one year probation on a misdemeanor assault charge. Two years after his probation is over, the child can petition the court to seal his record.</div> <div style="text-align: left;">RESULT: <span style="color: red;">REDUCED TO MISDEMEANOR ASSAULT</span> <span style="color: red;">on the Jury Trial setting</span></div> <div style="text-align: left;"></div> <div style="text-align: left;"><b> </b></div> <div style="text-align: left;"><b>INDECENCY WITH A CHILD <b>(<b>2° Felony</b>)</b><br /> </b></div> <div style="text-align: left;">Secured reduction to a misdemeanor for a 14 year old boy charged with indecency with a child. He and two other boys were accused of fondling a 13 year old girl at school against her will. Prior to trial, Sullivan persuaded the State to reduce the charges from a Determinate Sex Offense Felony to a misdemeanor non-sex offense indecent exposure and allowed his client to receive probation at home. Two years after his probation is over, the child can petition the court to seal his record.</div> <div style="text-align: left;">RESULT: <span style="color: red;">REDUCED TO MISDEMEANOR INDECENT EXPOSURE after case was set for a Jury Trial</span></div> <div style="text-align: left;"></div> <div style="text-align: left;"><b> </b></div> <div style="text-align: left;"><b>INDECENCY WITH A CHILD <b>(<b>2° Felony</b>)</b></b></div> <div style="text-align: left;">Secured reduction to a misdemeanor for a 15 year old boy charged with indecency with a child. He allegedly forced a six year girl who was visiting his family to fondle him in his bedroom. In this case, the boy’s pastor gave a statement to police, alleging that the boy admitted that he allowed the girl to touch him. The boy absolutely denied that and stated that the girl tried to touch him and he told her not to. Sullivan arranged a polygraph examination of the boy and the boy passed. The State still refused to dismiss the case. On the tenth jury trial setting close to his 18<sup>th</sup> birthday, Sullivan persuaded the State to reduce the charge from a Determinate Sex Offense Felony to a misdemeanor non-sex offense assault and allowed his client to receive two months probation at home. By the tenth trial setting, some two and one-half years after the case first started, the State ultimately reduced the case from a Determinate Sex Offense Felony to a misdemeanor non-sex offense assault. His client subsequently enrolled in college. Two years after his probation is over, the child can petition the court to seal his record.</div> <div style="text-align: left;">RESULT: <span style="color: red;">REDUCED TO MISDEMEANOR ASSAULT with probation at home after case was set for a Jury Trial</span></div> <div style="text-align: left;"></div> <div style="text-align: left;"><b><b> </b></b></div> <div style="text-align: left;"><b><b>INDECENCY WITH A CHILD <b>(<b>2° Felony</b>)</b></b></b></div> <div style="text-align: left;">Secured reduction to a misdemeanor for a 14 year old boy accused of fondling a 7 year old boy outside in their apartment complex. On the day of trial, Jim Sullivan persuaded the State to reduce the charges from a serious felony to a misdemeanor and to allow his client to receive one year probation at home. Two years after his probation is over, the child can petition the court to seal his record.</div> <div style="text-align: left;">RESULT: <span style="color: red;">REDUCED TO MISDEMEANOR PUBLIC LEWDNESS</span></div> <div style="text-align: left;"></div> <div style="text-align: left;"><b><b><b> </b></b></b></div> <div style="text-align: left;"><b><b><b>AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)</b></b></b></div> <div style="text-align: left;">Secured a two year indeterminate probation at home with the father for a 12 year old boy who was caught in the act of molesting his six year old cousin. During a series of interviews, the boy divulged that he had been raped by an 18 year old acquaintance who lived in the neighborhood. The father filed charges against that adult. Sullivan persuaded the State to allow his client to receive probation without sex offender registration. He can have his record sealed at age 21.</div> <div style="text-align: left;">RESULT: <span style="color: red;">TWO YEAR INDETERMINATE PROBATION AT HOME WITHOUT REGISTRATION</span></div> <div style="text-align: left;"></div> <div style="text-align: left;"><b><b><b> </b></b></b></div> <div style="text-align: left;"><b><b><b>AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)</b></b></b></div> <div style="text-align: left;">In Liberty county, secured a two year indeterminate probation with placement with an older sister in Harris county for a 16 year old mentally challenged boy who was caught in the act of fondling a 5 year old boy in the neighborhood. During a lengthy consultation with Sullivan at the detention center, the boy divulged that at age six he had been molested by a teenage cousin. Sullivan persuaded the State and the court to allow his client to receive probation without sex offender registration. He can have his record sealed at age 21.</div> <div style="text-align: left;">RESULT: <span style="color: red;">TWO YEAR INDETERMINATE PROBATION AT HOME WITHOUT REGISTRATION</span></div> <div style="text-align: left;"></div> <div style="text-align: left;"><b><b><b> </b></b></b></div> <div style="text-align: left;"><b><b><b>AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)</b></b></b></div> <div style="text-align: left;">In Montgomery county, secured a two year indeterminate probation with placement with the maternal grandmother in Chicago for a 12 year old boy caught fondling a 5 year old boy in the neighborhood. He initially persuaded the court to allow his client to stay at home with his parents and younger siblings, however his client later admitted to his therapist that he also had fondled a younger half-brother in his home during the same time period. Sullivan then persuaded the court to allow his client to be placed with his grandmother and to receive out-patient counseling even though the probation department sought placement at a residential treatment center in central Texas.</div> <div style="text-align: left;">RESULT: <span style="color: red;">TWO YEAR INDETERMINATE PROBATION AT HOME WITH GRANDMOTHER WITHOUT REGISTRATION</span><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/pixy.gif?x-id=be1efea8-3f4a-4553-85ff-08f729a36043" alt=""></div> <div class="zemanta-related" style="margin-top: 20px; overflow: hidden;"></div> ]]></content:encoded> </item> <item> <title>Texas Laws</title> <link>https://www.houstoncriminaltriallawyer.net/texas-laws/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Mon, 16 Apr 2012 16:48:19 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Criminal procedure]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Texas Department of Criminal Justice]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=7106</guid> <description><![CDATA[TEXAS PENAL CODE, TEXAS CODE OF CRIMINAL PROCEDURE and TEXAS JUVENILE JUSTICE CODE Courtesy, Attorney Jim Sullivan, Criminal Defense Lawyer and Board Certified in Juvenile Law. Free Initial Consultation. 281-546-6428. Contact us today. This is a local copy of the Texas Penal Code. The official state copy is located here. TEXAS PENAL CODE TITLE 1. […]]]></description> <content:encoded><![CDATA[<p><strong><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-thumbnail wp-image-13920" src="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-150x150.jpg" alt="" width="150" height="150" /></a>TEXAS PENAL CODE, TEXAS CODE OF CRIMINAL PROCEDURE </strong><strong>and TEXAS JUVENILE JUSTICE CODE</strong></p> <p>Courtesy, Attorney Jim Sullivan, Criminal Defense Lawyer and Board Certified in Juvenile Law.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of the Texas Penal Code. The official state copy is located <a href="http://www.statutes.legis.state.tx.us/?link=PE">here</a>.</p> <p><strong>TEXAS PENAL CODE</strong></p> <p><strong>TITLE 1. INTRODUCTORY PROVISIONS</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-1-general-provisions/">CHAPTER 1. GENERAL PROVISIONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-2-burden-of-proof/">CHAPTER 2. BURDEN OF PROOF</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-3-multiple-prosecutions/">CHAPTER 3. MULTIPLE PROSECUTIONS</a></p> <p><strong>TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-6-culpability-generally/">CHAPTER 6. CULPABILITY GENERALLY</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-7-criminal-responsibility-for-conduct-of-another/">CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-8-general-defenses-to-criminal-responsibility/">CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-9-justification-excluding-criminal-responsibility/">CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY</a></p> <p><strong>TITLE 3. PUNISHMENTS</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-12-punishments/">CHAPTER 12. PUNISHMENTS</a></p> <p><strong>TITLE 4. INCHOATE OFFENSES</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-15-preparatory-offenses/">CHAPTER 15. PREPARATORY OFFENSES</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-16-criminal-instruments-interception-of-wire-or-oral-communication-and-installation-of-tracking-device/">CHAPTER 16. CRIMINAL INSTRUMENTS, INTERCEPTION OF WIRE OR ORAL COMMUNICATION, AND INSTALLATION OF TRACKING DEVICE</a></p> <p><strong>TITLE 5. OFFENSES AGAINST THE PERSON</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/28/texas-penal-code-chapter-19-criminal-homicide/">CHAPTER 19. CRIMINAL HOMICIDE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-20-kidnapping-and-unlawful-restraint/">CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-21-sexual-offenses/">CHAPTER 21. SEXUAL OFFENSES</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-22-assaultive-offenses/">CHAPTER 22. ASSAULTIVE OFFENSES</a></p> <p><strong>TITLE 6. OFFENSES AGAINST THE FAMILY</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-25-offenses-against-the-family/">CHAPTER 25. OFFENSES AGAINST THE FAMILY</a></p> <p><strong>TITLE 7. OFFENSES AGAINST PROPERTY</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-28-arson-criminal-mischief-and-other-property-damage-or-destruction/">CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-29-robbery/">CHAPTER 29. ROBBERY</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-30-burglary-and-criminal-trespass/">CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-31-theft/">CHAPTER 31. THEFT</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-32-fraud/">CHAPTER 32. FRAUD</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-33-computer-crimes/"> CHAPTER 33. COMPUTER CRIMES</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-33a-telecommunications-crimes/">CHAPTER 33A. TELECOMMUNICATIONS CRIMES</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-34-money-laundering/">CHAPTER 34. MONEY LAUNDERING</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-35-insurance-fraud/">CHAPTER 35. INSURANCE FRAUD</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-35a-medicaid-fraud/">CHAPTER 35A. MEDICAID FRAUD</a></p> <p><strong>TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-36-bribery-and-corrupt-influence/">CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-37-perjury-and-other-falsification/">CHAPTER 37. PERJURY AND OTHER FALSIFICATION</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-38-obstructing-governmental-operation/">CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-39-abuse-of-office/">CHAPTER 39. ABUSE OF OFFICE</a></p> <p><strong>TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/29/texas-penal-code-chapter-42-disorderly-conduct-and-related-offenses/">CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/30/texas-penal-code-chapter-43-public-indecency/">CHAPTER 43. PUBLIC INDECENCY</a></p> <p><strong>TITLE 10. OFFENSES AGAINST PUBLIC SAFETY, HEALTH, AND MORALS</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/30/texas-penal-code-chapter-46-weapons/">CHAPTER 46. WEAPONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/30/texas-penal-code-chapter-47-gambling/">CHAPTER 47. GAMBLING</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/30/texas-penal-code-chapter-48-conduct-affecting-public-health/">CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/30/texas-penal-code-chapter-49-intoxication-and-alcoholic-beverage-offenses/">CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES</a></p> <p><strong>TITLE 11. ORGANIZED CRIME</strong></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/30/texas-penal-code-chapter-71-organized-crime/">CHAPTER 71. ORGANIZED CRIME</a></p> <p>_________________________________________________________________________</p> <p><strong>TEXAS CODE OF CRIMINAL PROCEDURE</strong></p> <p>Courtesy, Attorney Jim Sullivan, Criminal Defense Lawyer and Board Certified in Juvenile Law.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. <a href="https://www.houstoncriminaltriallawyer.net/contact-2/">Contact us today</a>.</p> <p>This is a local copy of the Texas Code of Criminal Procedure. The official state copy is located <a href="http://www.statutes.legis.state.tx.us/?link=CR">here</a>.</p> <p>TITLE 1. CODE OF CRIMINAL PROCEDURE</p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/30/texas-code-of-criminal-procedure-chapter-1-general-provisions/">CHAPTER 1. GENERAL PROVISIONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/30/texas-code-of-criminal-procedure-chapter-2-general-duties-of-officers/">CHAPTER 2. GENERAL DUTIES OF OFFICERS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/30/texas-code-of-criminal-procedure-chapter-3-definitions/">CHAPTER 3. DEFINITIONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-4-courts-and-criminal-jurisdiction/">CHAPTER 4. COURTS AND CRIMINAL JURISDICTION</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-5-family-violence-prevention/">CHAPTER 5. FAMILY VIOLENCE PREVENTION</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-6-preventing-offenses-by-the-act-of-magistrates-and-other-officers/">CHAPTER 6. PREVENTING OFFENSES BY THE ACT OF MAGISTRATES AND OTHER OFFICERS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-7-proceedings-before-magistrates-to-prevent-offenses/">CHAPTER 7. PROCEEDINGS BEFORE MAGISTRATES TO PREVENT OFFENSES</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-7a-protective-order-for-victim-of-sexual-assault/">CHAPTER 7A. PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-8-suppression-of-riots-and-other-disturbances/">CHAPTER 8. SUPPRESSION OF RIOTS AND OTHER DISTURBANCES</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-9-offenses-injurious-to-public-health/">CHAPTER 9. OFFENSES INJURIOUS TO PUBLIC HEALTH</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-10-obstructions-of-public-highways/">CHAPTER 10. OBSTRUCTIONS OF PUBLIC HIGHWAYS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-11-habeas-corpus/">CHAPTER 11. HABEAS CORPUS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-12-limitation/">CHAPTER 12. LIMITATION</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-13-venue/">CHAPTER 13. VENUE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-14-arrest-without-warrant/">CHAPTER 14. ARREST WITHOUT WARRANT</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-15-arrest-under-warrant/">CHAPTER 15. ARREST UNDER WARRANT</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-16-the-commitment-or-discharge-of-the-accused/">CHAPTER 16. THE COMMITMENT OR DISCHARGE OF THE ACCUSED</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-17-bail/">CHAPTER 17. BAIL</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-17a-corporations-and-associations/">CHAPTER 17A. CORPORATIONS AND ASSOCIATIONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-18-search-warrants/">CHAPTER 18. SEARCH WARRANTS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-19-organization-of-the-grand-jury/">CHAPTER 19. ORGANIZATION OF THE GRAND JURY</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-20-duties-and-powers-of-the-grand-jury/">CHAPTER 20. DUTIES AND POWERS OF THE GRAND JURY</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-21-indictment-and-information/">CHAPTER 21. INDICTMENT AND INFORMATION</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-22-forfeiture-of-bail/">CHAPTER 22. FORFEITURE OF BAIL</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-23-the-capias/">CHAPTER 23. THE CAPIAS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-24-subpoena-and-attachment/">CHAPTER 24. SUBPOENA AND ATTACHMENT</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-25-service-of-a-copy-of-the-indictment/">CHAPTER 25. SERVICE OF A COPY OF THE INDICTMENT</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-26-arraignment/">CHAPTER 26. ARRAIGNMENT</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-27-the-pleading-in-criminal-actions/">CHAPTER 27. THE PLEADING IN CRIMINAL ACTIONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-28-motions-pleadings-and-exceptions/">CHAPTER 28. MOTIONS, PLEADINGS AND EXCEPTIONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-29-continuance/">CHAPTER 29. CONTINUANCE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-30-disqualification-of-the-judge/">CHAPTER 30. DISQUALIFICATION OF THE JUDGE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-31-change-of-venue/">CHAPTER 31. CHANGE OF VENUE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-32-dismissing-prosecutions/">CHAPTER 32. DISMISSING PROSECUTIONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-33-the-mode-of-trial/">CHAPTER 33. THE MODE OF TRIAL</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-34-special-venire-in-capital-cases/">CHAPTER 34. SPECIAL VENIRE IN CAPITAL CASES</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-35-formation-of-the-jury/">CHAPTER 35. FORMATION OF THE JURY</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-36-the-trial-before-the-jury/">CHAPTER 36. THE TRIAL BEFORE THE JURY</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-37-the-verdict/">CHAPTER 37. THE VERDICT</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-38-evidence-in-criminal-actions/">CHAPTER 38. EVIDENCE IN CRIMINAL ACTIONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-39-depositions-and-discovery/">CHAPTER 39. DEPOSITIONS AND DISCOVERY</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2011/12/31/texas-code-of-criminal-procedure-chapter-40-new-trials/">CHAPTER 40. NEW TRIALS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/01/texas-code-of-criminal-procedure-chapter-42-judgment-and-sentence/">CHAPTER 42. JUDGMENT AND SENTENCE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/01/texas-code-of-criminal-procedure-chapter-43-execution-of-judgment/">CHAPTER 43. EXECUTION OF JUDGMENT</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/01/texas-code-of-criminal-procedure-chapter-44-appeal-and-writ-of-error/">CHAPTER 44. APPEAL AND WRIT OF ERROR</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/01/texas-code-of-criminal-procedure-chapter-45-justice-and-municipal-courts/">CHAPTER 45. JUSTICE AND MUNICIPAL COURTS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/01/texas-code-of-criminal-procedure-chapter-46-insanity-as-defense/">CHAPTER 46. INSANITY AS DEFENSE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/01/texas-code-of-criminal-procedure-chapter-46a-aids-and-hiv-testing-in-county-and-municipal-jails/">CHAPTER 46A. AIDS AND HIV TESTING IN COUNTY AND MUNICIPAL JAILS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/01/texas-code-of-criminal-procedure-chapter-46b-incompetency-to-stand-trial/">CHAPTER 46B. INCOMPETENCY TO STAND TRIAL</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/01/texas-code-of-criminal-procedure-chapter-46c-insanity-defense/">CHAPTER 46C. INSANITY DEFENSE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/01/texas-code-of-criminal-procedure-chapter-47-disposition-of-stolen-property/">CHAPTER 47. DISPOSITION OF STOLEN PROPERTY</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/01/texas-code-of-criminal-procedure-chapter-48-pardon-and-parole/">CHAPTER 48. PARDON AND PAROLE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-49-inquests-upon-dead-bodies/">CHAPTER 49. INQUESTS UPON DEAD BODIES</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-50-fire-inquests/">CHAPTER 50. FIRE INQUESTS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-51-fugitives-from-justice/">CHAPTER 51. FUGITIVES FROM JUSTICE</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-52-court-of-inquiry/">CHAPTER 52. COURT OF INQUIRY</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-54-miscellaneous-provisions/">CHAPTER 54. MISCELLANEOUS PROVISIONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-55-expunction-of-criminal-records/">CHAPTER 55. EXPUNCTION OF CRIMINAL RECORDS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-56-rights-of-crime-victims/">CHAPTER 56. RIGHTS OF CRIME VICTIMS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-57-confidentiality-of-identifying-information-of-sex-offense-victims/">CHAPTER 57. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX OFFENSE VICTIMS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-57b-confidentiality-of-identifying-information-of-family-violence-victims/">CHAPTER 57B. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF FAMILY VIOLENCE VICTIMS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-57c-sealing-of-court-records-containing-medical-information-for-certain-child-victims/">CHAPTER 57C. SEALING OF COURT RECORDS CONTAINING MEDICAL INFORMATION FOR CERTAIN CHILD VICTIMS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-59-forfeiture-of-contraband/">CHAPTER 59. FORFEITURE OF CONTRABAND</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-60-criminal-history-record-system/">CHAPTER 60. CRIMINAL HISTORY RECORD SYSTEM</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-61-compilation-and-information-pertaining-to-criminal-combinations-and-criminal-street-gangs/">CHAPTER 61. COMPILATION OF INFORMATION PERTAINING TO CRIMINAL COMBINATIONS AND CRIMINAL STREET GANGS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-62-sex-offender-registration-program/">CHAPTER 62. SEX OFFENDER REGISTRATION PROGRAM</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-63-missing-children-and-missing-persons/">CHAPTER 63. MISSING CHILDREN AND MISSING PERSONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-64-motion-for-forensic-dna-testing/">CHAPTER 64. MOTION FOR FORENSIC DNA TESTING</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-101-general-provisions/">CHAPTER 101. GENERAL PROVISIONS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-102-costs-paid-by-defendants/">CHAPTER 102. COSTS PAID BY DEFENDANTS</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-103-collection-and-recordkeeping/">CHAPTER 103. COLLECTION AND RECORDKEEPING</a></p> <p><a href="http://www.texascriminaltriallawyer.org/2012/01/02/texas-code-of-criminal-procedure-chapter-104-certain-expenses-paid-by-state-or-county/">CHAPTER 104. CERTAIN EXPENSES PAID BY STATE OR COUNTY</a></p> <p>_________________________________________________________________________</p> <p><strong>TEXAS JUVENILE JUSTICE CODE</strong></p> <p>Courtesy, Attorney Jim Sullivan, Criminal Defense Lawyer and Board Certified in Juvenile Law.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>.</p> <p>This is a local copy of the Texas Penal Code. The official state copy is located <a href="http://www.constitution.legis.state.tx.us/Index.aspx">here</a>.</p> <p>FAMILY CODE</p> <p>TITLE 3. JUVENILE JUSTICE CODE</p> <p><a href="../2012/01/02/texas-juvenile-justice-code-chapter-51-general-provisions/">CHAPTER 51. GENERAL PROVISIONS</a></p> <p><a href="../2012/01/02/texas-juvenile-justice-code-chapter-52-proceedings-before-and-including-referral-to-juvenile-court/">CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO JUVENILE COURT</a></p> <p><a href="../2012/01/02/texas-juvenile-justice-code-chapter-53-proceedings-prior-to-judicial-proceedings/">CHAPTER 53. PROCEEDINGS PRIOR TO JUDICIAL PROCEEDINGS</a></p> <p><a href="../2012/01/03/texas-juvenile-justice-code-chapter-54-judicial-proceedings/">CHAPTER 54. JUDICIAL PROCEEDINGS</a></p> <p><a href="../2012/01/03/texas-juvenile-justice-code-chapter-55-proceedings-concerning-children-with-mental-illness-or-mental-retardation/">CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR MENTAL RETARDATION</a></p> <p><a href="../2012/01/03/texas-juvenile-justice-code-chapter-56-appeal/">CHAPTER 56. APPEAL</a></p> <p><a href="../2012/01/03/texas-juvenile-justice-code-chapter-57-rights-of-victims/">CHAPTER 57. RIGHTS OF VICTIMS</a></p> <p><a href="../2012/01/03/texas-juvenile-justice-code-chapter-58-records-juvenile-justice-information-system/">CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM</a></p> <p><a href="../2012/01/03/texas-juvenile-justice-code-chapter-59-progressive-sanctions-model/">CHAPTER 59. PROGRESSIVE SANCTIONS MODEL</a></p> <p><a href="../2012/01/03/texas-juvenile-justice-code-chapter-60-uniform-interstate-compact-on-juveniles/">CHAPTER 60. UNIFORM INTERSTATE COMPACT ON JUVENILES</a></p> <p><a href="../2012/01/03/texas-juvenile-justice-code-chapter-61-rights-and-responsibilities-of-parents-and-other-eligible-persons/">CHAPTER 61. RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER ELIGIBLE PERSONS</a></p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Manufacture or Delivery of Controlled Substance Causing Death or Serious Bodily Injury</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-manufacture-or-delivery-of-controlled-substance-causing-death-or-serious-bodily-injury/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 23:04:58 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Texas Criminal Defense Lawyer]]></category> <category><![CDATA[Texas Drug Defense Lawyers]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6467</guid> <description><![CDATA[Sec. 481.141. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. (a) If at the guilt or innocence phase of the trial of an offense described by Subsection (b), the judge or jury, whichever is the trier of fact, determines beyond a reasonable doubt that a person died or suffered serious bodily […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.141. MANUFACTURE OR DELIVERY OF CONTROLLED SUBSTANCE CAUSING DEATH OR SERIOUS BODILY INJURY. (a) If at the guilt or innocence phase of the trial of an offense described by Subsection (b), the judge or jury, whichever is the trier of fact, determines beyond a reasonable doubt that a person died or suffered serious bodily injury as a result of injecting, ingesting, inhaling, or introducing into the person’s body any amount of the controlled substance manufactured or delivered by the defendant, regardless of whether the controlled substance was used by itself or with another substance, including a drug, adulterant, or dilutant, the punishment for the offense is increased by one degree.</p> <p>(b) This section applies to an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112, 481.1121, 481.113, 481.114, or 481.122.</p> <p>(c) Notwithstanding Article 42.08, Code of Criminal Procedure, if punishment for a defendant is increased under this section, the court may not order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.</p> <p>Added by Acts 2003, 78th Leg., ch. 712, Sec. 2, eff. Sept. 1, 2003</p> <p>_____________________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Texas Criminal Defense Attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Use of Child in Commission of Offense</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-use-of-child-in-commission-of-offense/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 23:01:42 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Texas Drug Defense Lawyers]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6458</guid> <description><![CDATA[Sec. 481.140. USE OF CHILD IN COMMISSION OF OFFENSE. (a) If it is shown at the punishment phase of the trial of an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112, 481.1121, 481.113, 481.114, 481.120, or 481.122 that the defendant used […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.140. USE OF CHILD IN COMMISSION OF OFFENSE. (a) If it is shown at the punishment phase of the trial of an offense otherwise punishable as a state jail felony, felony of the third degree, or felony of the second degree under Section 481.112, 481.1121, 481.113, 481.114, 481.120, or 481.122 that the defendant used or attempted to use a child younger than 18 years of age to commit or assist in the commission of the offense, the punishment is increased by one degree, unless the defendant used or threatened to use force against the child or another to gain the child’s assistance, in which event the punishment for the offense is a felony of the first degree.</p> <p>(b) Notwithstanding Article 42.08, Code of Criminal Procedure, if punishment for a defendant is increased under this section, the court may not order the sentence for the offense to run concurrently with any other sentence the court imposes on the defendant.</p> <p>Added by Acts 2001, 77th Leg., ch. 786, Sec. 1, eff. June 14, 2001.</p> <p>_______________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Texas Criminal Defense Attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act: Drug-Free Zones</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-drug-free-zones/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 22:56:39 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Texas Drug Defense Lawyers]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6452</guid> <description><![CDATA[Sec. 481.134. DRUG-FREE ZONES. (a) In this section: (1) “Minor” means a person who is younger than 18 years of age. (2) “Institution of higher education” means any public or private technical institute, junior college, senior college or university, medical or dental unit, or other agency of higher education as defined by Section 61.003, Education […]]]></description> <content:encoded><![CDATA[<div class="mceTemp"></div> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.134. DRUG-FREE ZONES. (a) In this section:</p> <p>(1) “Minor” means a person who is younger than 18 years of age.</p> <p>(2) “Institution of higher education” means any public or private technical institute, junior college, senior college or university, medical or dental unit, or other agency of higher education as defined by Section 61.003, Education Code.</p> <p>(3) “Playground” means any outdoor facility that is not on the premises of a school and that:</p> <p>(A) is intended for recreation;</p> <p>(B) is open to the public; and</p> <p>(C) contains three or more play stations intended for the recreation of children, such as slides, swing sets, and teeterboards.</p> <p>(4) “Premises” means real property and all buildings and appurtenances pertaining to the real property.</p> <p>(5) “School” means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code.</p> <p>(6) “Video arcade facility” means any facility that:</p> <p>(A) is open to the public, including persons who are 17 years of age or younger;</p> <p>(B) is intended primarily for the use of pinball or video machines; and</p> <p>(C) contains at least three pinball or video machines.</p> <p>(7) “Youth center” means any recreational facility or gymnasium that:</p> <p>(A) is intended primarily for use by persons who are 17 years of age or younger; and</p> <p>(B) regularly provides athletic, civic, or cultural activities.</p> <p>(b) An offense otherwise punishable as a state jail felony under Section 481.112, 481.113, 481.114, or 481.120 is punishable as a felony of the third degree, and an offense otherwise punishable as a felony of the second degree under any of those sections is punishable as a felony of the first degree, if it is shown at the punishment phase of the trial of the offense that the offense was committed:</p> <p>(1) in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or</p> <p>(2) in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility.</p> <p>(c) The minimum term of confinement or imprisonment for an offense otherwise punishable under Section 481.112(c), (d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6) is increased by five years and the maximum fine for the offense is doubled if it is shown on the trial of the offense that the offense was committed:</p> <p>(1) in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground; or</p> <p>(2) on a school bus;</p> <p>(d) An offense otherwise punishable under Section 481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), 481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if it is shown on the trial of the offense that the offense was committed:</p> <p>(1) in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; or</p> <p>(2) on a school bus.</p> <p>(e) An offense otherwise punishable under Section 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state jail felony if it is shown on the trial of the offense that the offense was committed:</p> <p>(1) in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; or</p> <p>(2) on a school bus.</p> <p>(f) An offense otherwise punishable under Section 481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class A misdemeanor if it is shown on the trial of the offense that the offense was committed:</p> <p>(1) in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; or</p> <p>(2) on a school bus.</p> <p>(g) Subsection (f) does not apply to an offense if:</p> <p>(1) the offense was committed inside a private residence; and</p> <p>(2) no minor was present in the private residence at the time the offense was committed.</p> <p>(h) Punishment that is increased for a conviction for an offense listed under this section may not run concurrently with punishment for a conviction under any other criminal statute.</p> <p>Added by Acts 1993, 73rd Leg., ch. 888, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 260, Sec. 39, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 38, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1063, Sec. 9, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 570, Sec. 3, eff. Sept. 1, 2003.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 452, Sec. 1, eff. September 1, 2009.</p> <p>Acts 2009, 81st Leg., R.S., Ch. 452, Sec. 2, eff. September 1, 2009.</p> <p>____________________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>As a Texas Criminal Defense Attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Fraud</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-fraud/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 22:39:33 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled Substances Act]]></category> <category><![CDATA[Harris County Drug Defense]]></category> <category><![CDATA[Houston Drug Defense]]></category> <category><![CDATA[Houston Drug Defense Attorneys]]></category> <category><![CDATA[Houston Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6446</guid> <description><![CDATA[Sec. 481.129.  OFFENSE: FRAUD. (a) A person commits an offense if the person knowingly: (1)  distributes as a registrant or dispenser a controlled substance listed in Schedule I or II, unless the person distributes the controlled substance under an order form as required by Section 481.069; (2)  uses in the course of manufacturing, prescribing, or […]]]></description> <content:encoded><![CDATA[<div class="mceTemp"></div> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.129. OFFENSE: FRAUD. (a) A person commits an offense if the person knowingly:</p> <p>(1) distributes as a registrant or dispenser a controlled substance listed in Schedule I or II, unless the person distributes the controlled substance under an order form as required by Section 481.069;</p> <p>(2) uses in the course of manufacturing, prescribing, or distributing a controlled substance a registration number that is fictitious, revoked, suspended, or issued to another person;</p> <p>(3) issues a prescription bearing a forged or fictitious signature;</p> <p>(4) uses a prescription issued to another person to prescribe a Schedule II controlled substance;</p> <p>(5) possesses, obtains, or attempts to possess or obtain a controlled substance or an increased quantity of a controlled substance:</p> <p>(A) by misrepresentation, fraud, forgery, deception, or subterfuge;</p> <p>(B) through use of a fraudulent prescription form; or</p> <p>(C) through use of a fraudulent oral or telephonically communicated prescription; or</p> <p>(6) furnishes false or fraudulent material information in or omits material information from an application, report, record, or other document required to be kept or filed under this chapter.</p> <p>(b) A person commits an offense if the person knowingly or intentionally:</p> <p>(1) makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce an actual or simulated trademark, trade name, or other identifying mark, imprint, or device of another on a controlled substance or the container or label of a container for a controlled substance, so as to make the controlled substance a counterfeit substance; or</p> <p>(2) manufactures, delivers, or possesses with intent to deliver a counterfeit substance.</p> <p>(c) A person commits an offense if the person knowingly or intentionally:</p> <p>(1) delivers a prescription or a prescription form for other than a valid medical purpose in the course of professional practice; or</p> <p>(2) possesses a prescription for a controlled substance or a prescription form unless the prescription or prescription form is possessed:</p> <p>(A) during the manufacturing or distribution process;</p> <p>(B) by a practitioner, practitioner’s agent, or an institutional practitioner for a valid medical purpose during the course of professional practice;</p> <p>(C) by a pharmacist or agent of a pharmacy during the professional practice of pharmacy;</p> <p>(D) under a practitioner’s order made by the practitioner for a valid medical purpose in the course of professional practice; or</p> <p>(E) by an officer or investigator authorized to enforce this chapter within the scope of the officer’s or investigator’s official duties.</p> <p>(d) An offense under Subsection (a) is:</p> <p>(1) a felony of the second degree if the controlled substance that is the subject of the offense is listed in Schedule I or II;</p> <p>(2) a felony of the third degree if the controlled substance that is the subject of the offense is listed in Schedule III or IV; and</p> <p>(3) a Class A misdemeanor if the controlled substance that is the subject of the offense is listed in Schedule V.</p> <p>(e) An offense under Subsection (b) is a Class A misdemeanor.</p> <p>(f) An offense under Subsection (c)(1) is:</p> <p>(1) a felony of the second degree if the defendant delivers:</p> <p>(A) a prescription form; or</p> <p>(B) a prescription for a controlled substance listed in Schedule II; and</p> <p>(2) a felony of the third degree if the defendant delivers a prescription for a controlled substance listed in Schedule III, IV, or V.</p> <p>(g) An offense under Subsection (c)(2) is:</p> <p>(1) a state jail felony if the defendant possesses:</p> <p>(A) a prescription form; or</p> <p>(B) a prescription for a controlled substance listed in Schedule II or III; and</p> <p>(2) a Class B misdemeanor if the defendant possesses a prescription for a controlled substance listed in Schedule IV or V.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(p), eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 31, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 23, eff. Sept. 1, 2001.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Texas Criminal Defense Attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects.  Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.<a class="zemanta-pixie-a" title="Enhanced by Zemanta" href="http://www.zemanta.com/"><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/zemified_e.png?x-id=825cd85d-a833-47a7-b800-486839f2c08d" alt="Enhanced by Zemanta"></a></p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Possession or Delivery of Drug Paraphernalia</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-possession-or-delivery-of-drug-paraphernalia/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 22:33:35 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug paraphernalia]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Drug Defense]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6443</guid> <description><![CDATA[Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA. (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA. (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.</p> <p>(b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.</p> <p>(c) A person commits an offense if the person commits an offense under Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor.</p> <p>(d) An offense under Subsection (a) is a Class C misdemeanor.</p> <p>(e) An offense under Subsection (b) is a Class A misdemeanor, unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days.</p> <p>(f) An offense under Subsection (c) is a state jail felony.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.<a class="zemanta-pixie-a" title="Enhanced by Zemanta" href="http://www.zemanta.com/"><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/zemified_e.png?x-id=3fe578ee-ff22-4a6d-935c-476b3f83933b" alt="Enhanced by Zemanta" /></a></p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-possession-or-transport-of-certain-chemicals-with-intent-to-manufacture-controlled-substance/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 22:26:28 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Texas Criminal Defense Lawyer]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6440</guid> <description><![CDATA[Sec. 481.124. OFFENSE: POSSESSION OR TRANSPORT OF CERTAIN CHEMICALS WITH INTENT TO MANUFACTURE CONTROLLED SUBSTANCE. (a) A person commits an offense if, with intent to unlawfully manufacture a controlled substance, the person possesses or transports: (1) anhydrous ammonia; (2) an immediate precursor; or (3) a chemical precursor or an additional chemical substance named as a […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.124. OFFENSE: POSSESSION OR TRANSPORT OF CERTAIN CHEMICALS WITH INTENT TO MANUFACTURE CONTROLLED SUBSTANCE. (a) A person commits an offense if, with intent to unlawfully manufacture a controlled substance, the person possesses or transports:</p> <p>(1) anhydrous ammonia;</p> <p>(2) an immediate precursor; or</p> <p>(3) a chemical precursor or an additional chemical substance named as a precursor by the director under Section 481.077(b)(1).</p> <p>(b) For purposes of this section, an intent to unlawfully manufacture the controlled substance methamphetamine is presumed if the actor possesses or transports:</p> <p>(1) anhydrous ammonia in a container or receptacle that is not designed and manufactured to lawfully hold or transport anhydrous ammonia;</p> <p>(2) lithium metal removed from a battery and immersed in kerosene, mineral spirits, or similar liquid that prevents or retards hydration; or</p> <p>(3) in one container, vehicle, or building, phenylacetic acid, or more than nine grams, three containers packaged for retail sale, or 300 tablets or capsules of a product containing ephedrine or pseudoephedrine, and:</p> <p>(A) anhydrous ammonia;</p> <p>(B) at least three of the following categories of substances commonly used in the manufacture of methamphetamine:</p> <p>(i) lithium or sodium metal or red phosphorus, iodine, or iodine crystals;</p> <p>(ii) lye, sulfuric acid, hydrochloric acid, or muriatic acid;</p> <p>(iii) an organic solvent, including ethyl ether, alcohol, or acetone;</p> <p>(iv) a petroleum distillate, including naphtha, paint thinner, or charcoal lighter fluid; or</p> <p>(v) aquarium, rock, or table salt; or</p> <p>(C) at least three of the following items:</p> <p>(i) an item of equipment subject to regulation under Section 481.080, if the person is not registered under Section 481.063; or</p> <p>(ii) glassware, a plastic or metal container, tubing, a hose, or other item specially designed, assembled, or adapted for use in the manufacture, processing, analyzing, storing, or concealing of methamphetamine.</p> <p>(c) For purposes of this section, a substance is presumed to be anhydrous ammonia if the substance is in a container or receptacle that is:</p> <p>(1) designed and manufactured to lawfully hold or transport anhydrous ammonia; or</p> <p>(2) not designed and manufactured to lawfully hold or transport anhydrous ammonia, if:</p> <p>(A) a properly administered field test of the substance using a testing device or instrument designed and manufactured for that purpose produces a positive result for anhydrous ammonia; or</p> <p>(B) a laboratory test of a water solution of the substance produces a positive result for ammonia.</p> <p>(d) An offense under this section is:</p> <p>(1) a felony of the second degree if the controlled substance is listed in Penalty Group 1 or 1-A;</p> <p>(2) a felony of the third degree if the controlled substance is listed in Penalty Group 2;</p> <p>(3) a state jail felony if the controlled substance is listed in Penalty Group 3 or 4; or</p> <p>(4) a Class A misdemeanor if the controlled substance is listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.</p> <p>(e) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.</p> <p>(f) This section does not apply to a chemical precursor exempted by the director under Section 481.077(b)(2) from the requirements of that section.</p> <p>Added by Acts 2001, 77th Leg., ch. 1188, Sec. 7, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 570, Sec. 2, eff. Sept. 1, 2003.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 282, Sec. 6, eff. August 1, 2005.</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.104, eff. September 1, 2009.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Delivery of Controlled Substance or Marihuana to Child</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-delivery-of-controlled-substance-or-marihuana-to-child/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 21:42:22 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Affirmative defense]]></category> <category><![CDATA[Cannabis]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Harris County Criminal Lawyers]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Criminal Lawyers]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6433</guid> <description><![CDATA[Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD. (a) A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 or knowingly delivers marihuana and the person delivers the controlled substance or marihuana to a person: (1) who is a child; […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD. (a) A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 or knowingly delivers marihuana and the person delivers the controlled substance or marihuana to a person:</p> <p>(1) who is a child;</p> <p>(2) who is enrolled in a public or private primary or secondary school; or</p> <p>(3) who the actor knows or believes intends to deliver the controlled substance or marihuana to a person described by Subdivision (1) or (2).</p> <p>(b) It is an affirmative defense to prosecution under this section that:</p> <p>(1) the actor was a child when the offense was committed; or</p> <p>(2) the actor:</p> <p>(A) was younger than 21 years of age when the offense was committed;</p> <p>(B) delivered only marihuana in an amount equal to or less than one-fourth ounce; and</p> <p>(C) did not receive remuneration for the delivery.</p> <p>(c) An offense under this section is a felony of the second degree.</p> <p>(d) In this section, “child” means a person younger than 18 years of age.</p> <p>(e) If conduct that is an offense under this section is also an offense under another section of this chapter, the actor may be prosecuted under either section or both.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 745, Sec. 27, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 20, eff. Sept. 1, 2001.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Possession of Marihuana</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-possession-of-marihuana/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 21:22:20 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Cannabis]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Criminal Lawyers]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Jim Sullivan]]></category> <category><![CDATA[Lawyer]]></category> <category><![CDATA[Misdemeanor]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Texas Department of Criminal Justice]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6425</guid> <description><![CDATA[Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; (2) a […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.</p> <p>(b) An offense under Subsection (a) is:</p> <p>(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;</p> <p>(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;</p> <p>(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;</p> <p>(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;</p> <p>(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and</p> <p>(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.105, eff. September 1, 2009.</p> <p>_____________________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Delivery of Marihuana</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-delivery-of-marihuana/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 21:14:17 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Cannabis]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Criminal defense lawyer]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Houston Drug Defense]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6420</guid> <description><![CDATA[Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana. (b) An offense under Subsection (a) is: (1) a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.</p> <p>(b) An offense under Subsection (a) is:</p> <p>(1) a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana;</p> <p>(2) a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;</p> <p>(3) a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce;</p> <p>(4) a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds;</p> <p>(5) a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and</p> <p>(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.104, eff. September 1, 2009.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Manufacture, Delivery, or Possession of Miscellaneous Substances</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-manufacture-delivery-or-possession-of-miscellaneous-substances/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 21:08:04 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Criminal Defense Lawyers]]></category> <category><![CDATA[Houston Criminal Lawyers]]></category> <category><![CDATA[Houston Drug Defense]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Misdemeanor]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Texas Department of Criminal Justice]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6410</guid> <description><![CDATA[Sec. 481.119. OFFENSE: MANUFACTURE, DELIVERY, OR POSSESSION OF MISCELLANEOUS SUBSTANCES. (a) A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group. An offense under this […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.119. OFFENSE: MANUFACTURE, DELIVERY, OR POSSESSION OF MISCELLANEOUS SUBSTANCES. (a) A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group. An offense under this subsection is a Class A misdemeanor.</p> <p>(b) A person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group. An offense under this subsection is a Class B misdemeanor.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1188, Sec. 6, eff. Sept. 1, 2001.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Possession of Substance in Penalty Group 4</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-possession-of-substance-in-penalty-group-4/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 21:03:09 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Houston Drug Defense]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6406</guid> <description><![CDATA[Sec. 481.118.  OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 4. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 4, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.118. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 4. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 4, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice.</p> <p>(b) An offense under Subsection (a) is a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than 28 grams.</p> <p>(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.</p> <p>(d) An offense under Subsection (a) is a felony of the second degree, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.</p> <p>(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.103, eff. September 1, 2009.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Possession of Substance in Penalty Group 3</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-possession-of-substance-in-penalty-group-3/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 21:00:40 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Adulterant]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Houston Drug Defense]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6403</guid> <description><![CDATA[Sec. 481.117.  OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 3. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 3, unless the person obtains the substance directly from or under a valid prescription or order of a practitioner […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.117. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 3. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 3, unless the person obtains the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.</p> <p>(b) An offense under Subsection (a) is a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than 28 grams.</p> <p>(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.</p> <p>(d) An offense under Subsection (a) is a felony of the second degree, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.</p> <p>(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.102, eff. September 1, 2009.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Possession of Substance in Penalty Group 2</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-possession-of-substance-in-penalty-group-2/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 20:56:25 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Criminal Lawyers]]></category> <category><![CDATA[Houston Drug Defense]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Drug Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Texas Department of Criminal Justice]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6399</guid> <description><![CDATA[Sec. 481.116.  OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.116. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.</p> <p>(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.</p> <p>(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.</p> <p>(d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.</p> <p>(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.101, eff. September 1, 2009.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Possession of Substance in Penalty Group 1-A</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-possession-of-substance-in-penalty-group-1-a/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 20:51:07 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Houston Drug Defense]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Drug Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6395</guid> <description><![CDATA[Sec. 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 1-A. (b) An offense under this section is: (1) a state jail felony if the number of abuse units of the […]]]></description> <content:encoded><![CDATA[<div class="mceTemp"></div> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.1151. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 1-A.</p> <p>(b) An offense under this section is:</p> <p>(1) a state jail felony if the number of abuse units of the controlled substance is fewer than 20;</p> <p>(2) a felony of the third degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80;</p> <p>(3) a felony of the second degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000;</p> <p>(4) a felony of the first degree if the number of abuse units of the controlled substance is 4,000 or more but fewer than 8,000; and</p> <p>(5) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 8,000 or more.</p> <p>Added by Acts 1997, 75th Leg., ch. 745, Sec. 26, eff. Jan. 1, 1998.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.100, eff. September 1, 2009.</p> <p>_________________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Possession of Substance in Penalty Group 1</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-possession-of-substance-in-penalty-group-1/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 20:35:12 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Adulterant]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Drug Defense]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Drug Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6391</guid> <description><![CDATA[Sec. 481.115.  OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.</p> <p>(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram.</p> <p>(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.</p> <p>(d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.</p> <p>(e) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.</p> <p>(f) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.099, eff. September 1, 2009.</p> <p>________________</p> <p>Courtesy, Jim Sullivan and Associates, Houston Drug Defense Lawyers</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>If you need a Houston Criminal Lawyer, you can call for a Free Consultation at <strong>281-546-6428</strong>.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Manufacture or Delivery of Substance in Penalty Group 3 or 4</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-manufacture-or-delivery-of-substance-in-penalty-group-3-or-4/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 20:30:57 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Adulterant]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Criminal Lawyers]]></category> <category><![CDATA[Houston Drug Defense]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Drug Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Texas Department of Criminal Justice]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6388</guid> <description><![CDATA[Sec. 481.114. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 OR 4. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4. (b) An offense under Subsection (a) is […]]]></description> <content:encoded><![CDATA[<div class="mceTemp"></div> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.114. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 OR 4. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4.</p> <p>(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than 28 grams.</p> <p>(c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams.</p> <p>(d) An offense under Subsection (a) is a felony of the first degree, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.</p> <p>(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including any adulterants or dilutants, 400 grams or more.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 1188, Sec. 5, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.098, eff. September 1, 2009.</p> <p>_________________________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Manufacture or Delivery of Substance in Penalty Group 2</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-manufacture-or-delivery-of-substance-in-penalty-group-2/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 20:20:11 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Adulterant]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Criminal Lawyers]]></category> <category><![CDATA[Houston Drug]]></category> <category><![CDATA[Houston Drug Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Texas Department of Criminal Justice]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6383</guid> <description><![CDATA[Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2. (b) An offense under Subsection (a) is a state jail felony […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14297" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/07/Fotosearch_k21405701-1.jpg" alt="" width="1" height="1" /></a><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2.</p> <p>(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.</p> <p>(c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.</p> <p>(d) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.</p> <p>(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 1188, Sec. 4, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.097, eff. September 1, 2009.</p> <p>_____________________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.<a class="zemanta-pixie-a" title="Enhanced by Zemanta" href="http://www.zemanta.com/"><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/zemified_e.png?x-id=44937f6c-b250-42ee-8512-6b4ffb63b638" alt="Enhanced by Zemanta" /></a></p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Manufacture of Substance in Penalty Group 1: Presence of Child</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-manufacture-of-substance-in-penalty-group-1-presence-of-child/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 19:13:37 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Controlled Substances Act]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Criminal Lawyers]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Mandatory sentencing]]></category> <category><![CDATA[Punishment]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Texas Criminal Defense Lawyer]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6373</guid> <description><![CDATA[Sec. 481.1122. MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1: PRESENCE OF CHILD. If it is shown at the punishment phase of a trial for the manufacture of a controlled substance listed in Penalty Group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.1122. MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1: PRESENCE OF CHILD. If it is shown at the punishment phase of a trial for the manufacture of a controlled substance listed in Penalty Group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where the offense was committed:</p> <p>(1) the punishments specified by Sections 481.112(b) and (c) are increased by one degree;</p> <p>(2) the minimum term of imprisonment specified by Section 481.112(e) is increased to 15 years and the maximum fine specified by that section is increased to $150,000; and</p> <p>(3) the minimum term of imprisonment specified by Section 481.112(f) is increased to 20 years and the maximum fine specified by that section is increased to $300,000.</p> <p>Added by Acts 2007, 80th Leg., R.S., Ch. 840, Sec. 1, eff. September 1, 2007.</p> <p>______________________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act. <a class="zemanta-pixie-a" title="Enhanced by Zemanta" href="http://www.zemanta.com/"><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/zemified_e.png?x-id=ef101fe3-d9c9-453b-a5b1-bf4ccca46d34" alt="Enhanced by Zemanta" /></a></p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Offense: Manufacture or Delivery of Substance in Penalty Group 1-A</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-offense-manufacture-or-delivery-of-substance-in-penalty-group-1-a/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 19:04:18 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Substance abuse]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6347</guid> <description><![CDATA[Sec. 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1-A. (b) An offense under this section is: (1) a state jail […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-A. (a) Except as provided by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1-A.</p> <p>(b) An offense under this section is:</p> <p>(1) a state jail felony if the number of abuse units of the controlled substance is fewer than 20;</p> <p>(2) a felony of the second degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80;</p> <p>(3) a felony of the first degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000; and</p> <p>(4) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 4,000 or more.</p> <p>Added by Acts 1997, 75th Leg., ch. 745, Sec. 26, eff. Jan. 1, 1998. Amended by Acts 2001, 77th Leg., ch. 1188, Sec. 3, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.096, eff. September 1, 2009.</p> <p>_____________________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.<a class="zemanta-pixie-a" title="Enhanced by Zemanta" href="http://www.zemanta.com/"><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/zemified_e.png?x-id=3f99587e-a3f4-4fa0-86d3-4fa9d08b29be" alt="Enhanced by Zemanta" /></a></p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Manufacture or Delivery of Substance in Penalty Group 1</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-manufacture-or-delivery-of-substance-in-penalty-group-1/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 17:41:01 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Adulterant]]></category> <category><![CDATA[Controlled substance]]></category> <category><![CDATA[Drug possession]]></category> <category><![CDATA[Gram]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6334</guid> <description><![CDATA[Sec. 481.112. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1. (b) An offense under Subsection (a) is a state jail felony […]]]></description> <content:encoded><![CDATA[<p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Sec. 481.112. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1.</p> <p>(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.</p> <p>(c) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.</p> <p>(d) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams.</p> <p>(e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams.</p> <p>(f) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994; Acts 2001, 77th Leg., ch. 1188, Sec. 2, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.095, eff. September 1, 2009.</p> <p>_____________________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.<a class="zemanta-pixie-a" title="Enhanced by Zemanta" href="http://www.zemanta.com/"><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/zemified_e.png?x-id=937718cd-d77d-4d20-b12e-381eafbb5427" alt="Enhanced by Zemanta" /></a></p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Penalty Group 4</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-penalty-group-4/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 17:17:27 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Controlled Substances Act]]></category> <category><![CDATA[Criminal code]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Texas]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6314</guid> <description><![CDATA[Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of: (1) a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that includes one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the […]]]></description> <content:encoded><![CDATA[<p>Sec. 481.105. PENALTY GROUP 4. Penalty Group 4 consists of:</p> <p>(1) a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that includes one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:</p> <p>not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;</p> <p>not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;</p> <p>not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;</p> <p>not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;</p> <p>not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams; and</p> <p>not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;</p> <p>(2) unless specifically excepted or unless listed in another penalty group, a material, compound, mixture, or preparation containing any quantity of the narcotic drug Buprenorphine or Butorphanol or a salt of either; and</p> <p>(3) unless specifically exempted or excluded or unless listed in another penalty group, any material, compound, mixture, or preparation that contains any quantity of pyrovalerone, a substance having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers.</p> <p>Amended by Acts 1997, 75th Leg., ch. 745, Sec. 25, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 19, eff. Sept. 1, 2001.</p> <p>__________________________________________</p> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>Free Initial Consultation. <span style="color: #800000;"><strong>281-546-6428</strong></span>. Contact us today.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Penalty Group 3</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-penalty-group-3/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 16:55:16 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Drug Defense Lawyers]]></category> <category><![CDATA[Houston Drug Lawyers]]></category> <category><![CDATA[Houston Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6308</guid> <description><![CDATA[Sec. 481.104.  PENALTY GROUP 3. (a) Penalty Group 3 consists of: (1)  a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: Methylphenidate and its salts; and Phenmetrazine and its salts; (2)  a material, compound, mixture, […]]]></description> <content:encoded><-d diazepin-7(1H)-one, flupyrazapon);</p> <p>Triazolam;</p> <p>Zaleplon;</p> <p>Zolpidem; and</p> <p>Zopiclone;</p> <p>(3) Nalorphine;</p> <p>(4) a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs, or any of their salts:</p> <p>not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;</p> <p>not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;</p> <p>not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;</p> <p>not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;</p> <p>not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;</p> <p>not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;</p> <p>not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;</p> <p>not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and</p> <p>not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;</p> <p>(5) a material, compound, mixture, or preparation that contains any quantity of the following substances:</p> <p>Barbital;</p> <p>Chloral betaine;</p> <p>Chloral hydrate;</p> <p>Ethchlorvynol;</p> <p>Ethinamate;</p> <p>Meprobamate;</p> <p>Methohexital;</p> <p>Methylphenobarbital (Mephobarbital);</p> <p>Paraldehyde;</p> <p>Petrichloral; and</p> <p>Phenobarbital;</p> <p>(6) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora, whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts;</p> <p>(7) unless listed in another penalty group, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance’s salts, optical, position, or geometric isomers, and salts of the substance’s isomers, if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:</p> <p>Benzphetamine;</p> <p>Cathine [(+)-norpseudoephedrine];</p> <p>Chlorphentermine;</p> <p>Clortermine;</p> <p>Diethylpropion;</p> <p>Fencamfamin;</p> <p>Fenfluramine;</p> <p>Fenproporex;</p> <p>Mazindol;</p> <p>Mefenorex;</p> <p>Modafinil;</p> <p>Pemoline (including organometallic complexes and their chelates);</p> <p>Phendimetrazine;</p> <p>Phentermine;</p> <p>Pipradrol;</p> <p>Sibutramine; and</p> <p>SPA [(-)-1-dimethylamino-1,2-diphenylethane];</p> <p>(8) unless specifically excepted or unless listed in another penalty group, a material, compound, mixture, or preparation that contains any quantity of the following substance, including its salts</p> <p>Dextropropoxyphene (Alpha-(+)-4-dimethylamino- 1,2-diphenyl-3-methyl-2-propionoxybutane); and</p> <p>(9) an anabolic steroid, including any drug or hormonal substance, or any substance that is chemically or pharmacologically related to testosterone, other than an estrogen, progestin, dehydroepiandrosterone, or corticosteroid, and promotes muscle growth, including the following drugs and substances and any salt, ester, or ether of the following drugs and substances:</p> <p>Androstanediol;</p> <p>Androstanedione;</p> <p>Androstenediol;</p> <p>Androstenedione;</p> <p>Bolasterone;</p> <p>Boldenone;</p> <p>Calusterone;</p> <p>Clostebol;</p> <p>Dehydrochlormethyltestosterone;</p> <p>Delta-1-dihydrotestosterone;</p> <p>Dihydrotestosterone (4-dihydrotestosterone);</p> <p>Drostanolone;</p> <p>Ethylestrenol;</p> <p>Fluoxymesterone;</p> <p>Formebulone;</p> <p>Furazabol;</p> <p>13beta-ethyl-17beta-hydroxygon-4-en-3-one;</p> <p>4-hydroxytestosterone;</p> <p>4-hydroxy-19-nortestosterone;</p> <p>Mestanolone;</p> <p>Mesterolone;</p> <p>Methandienone;</p> <p>Methandriol;</p> <p>Methenolone;</p> <p>17alpha-methyl-3beta, 17 beta-dihydroxy-5alpha- androstane;</p> <p>17alpha-methyl-3alpha, 17 beta-dihydroxy-5alpha- androstane;</p> <p>17alpha-methyl-3beta, 17beta-dihydroxyandrost-4- ene;</p> <p>17alpha-methyl-4-hydroxynandrolone;</p> <p>Methyldienolone;</p> <p>Methyltestosterone;</p> <p>Methyltrienolone;</p> <p>17alpha-methyl-delta-1-dihydrotestosterone;</p> <p>Mibolerone;</p> <p>Nandrolone;</p> <p>Norandrostenediol;</p> <p>Norandrostenedione;</p> <p>Norbolethone;</p> <p>Norclostebol;</p> <p>Norethandrolone;</p> <p>Normethandrolone;</p> <p>Oxandrolone;</p> <p>Oxymesterone;</p> <p>Oxymetholone;</p> <p>Stanozolol;</p> <p>Stenbolone;</p> <p>Testolactone;</p> <p>Testosterone;</p> <p>Tetrahydrogestrinone; and</p> <p>Trenbolone.</p> <p>(b) Penalty Group 3 does not include a compound, mixture, or preparation containing a stimulant substance listed in Subsection (a)(1) if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances that have a stimulant effect on the central nervous system.</p> <p>(c) Penalty Group 3 does not include a compound, mixture, or preparation containing a depressant substance listed in Subsection (a)(2) or (a)(5) if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances that have a depressant effect on the central nervous system.</p> <p>Amended by Acts 1997, 75th Leg, ch. 745, Sec. 24, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 18, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 739, Sec. 3, eff. September 1, 2009.</p> <p> </p> <div class="mceTemp"></div> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Penalty Group 2</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-penalty-group-2/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 16:31:14 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Houston Drug Defense Lawyer]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6303</guid> <description><![CDATA[Sec. 481.103.  PENALTY GROUP 2. (a) Penalty Group 2 consists of: (1)  any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: alpha-ethyltryptamine; alpha-methyltryptamine; 4-bromo-2, 5-dimethoxyamphetamine (some trade or other […]]]></description> <content:encoded><![CDATA[<p>Sec. 481.103. PENALTY GROUP 2. (a) Penalty Group 2 consists of:</p> <p>(1) any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:</p> <p>alpha-ethyltryptamine;</p> <p>alpha-methyltryptamine;</p> <p>4-bromo-2, 5-dimethoxyamphetamine (some trade or other names: 4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2, 5-DMA);</p> <p>4-bromo-2, 5-dimethoxyphenethylamine;</p> <p>Bufotenine (some trade and other names: 3-(beta- Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)- 5- indolol; N, N-dimethylserotonin; 5-hydroxy-N, N- dimethyltryptamine; mappine);</p> <p>Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine, DET);</p> <p>2, 5-dimethoxyamphetamine (some trade or other names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA);</p> <p>2, 5-dimethoxy-4-ethylamphetamine (trade or other name: DOET);</p> <p>2, 5-dimethoxy-4-(n)-propylthiophenethylamine (trade or other name: 2C-T-7);</p> <p>Dimethyltryptamine ( trade or other name: DMT);</p> <p>Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved drug product (some trade or other names for Dronabinol: (a6aR-trans)-6a,7,8,10a-tetrahydro- 6,6, 9- trimethyl-3-pentyl-6H- dibenzo [b,d]pyran-1-ol or (-)-delta-9- (trans)- tetrahydrocannabinol);</p> <p>Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1- phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);</p> <p>Ibogaine (some trade or other names: 7-Ethyl-6, 6, beta 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H- pyrido [1′, 2′:1, 2] azepino [5, 4-b] indole; tabernanthe iboga.);</p> <p>Mescaline;</p> <p>5-methoxy-N, N-diisopropyltryptamine;</p> <p>5-methoxy-3, 4-methylenedioxy amphetamine;</p> <p>4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);</p> <p>1-methyl- 4-phenyl-4-propionoxypiperidine (MPPP, PPMP);</p> <p>4-methyl-2, 5-dimethoxyamphetamine (some trade and other names: 4-methyl-2, 5-dimethoxy-alpha- methylphenethylamine; “DOM”; “STP”);</p> <p>3,4-methylenedioxy methamphetamine (MDMA, MDM);</p> <p>3,4-methylenedioxy amphetamine;</p> <p>3,4-methylenedioxy N-ethylamphetamine (Also known as N-ethyl MDA);</p> <p>Nabilone (Another name for nabilone: (+)-trans- 3-(1,1-dimethylheptyl)- 6,6a, 7,8,10,10a-hexahydro-1-hydroxy- 6, 6-dimethyl-9H-dibenzo[b,d] pyran-9-one;</p> <p>N-benzylpiperazine (some trade or other names: BZP; 1-benzylpiperazine);</p> <p>N-ethyl-3-piperidyl benzilate;</p> <p>N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);</p> <p>4-methylaminorex;</p> <p>N-methyl-3-piperidyl benzilate;</p> <p>Parahexyl (some trade or other names: 3-Hexyl-1- hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo b, d] pyran; Synhexyl);</p> <p>1-Phenylcyclohexylamine;</p> <p>1-Piperidinocyclohexanecarbonitrile (PCC);</p> <p>Psilocin;</p> <p>Psilocybin;</p> <p>Pyrrolidine Analog of Phencyclidine (some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);</p> <p>Tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as:</p> <p>delta-1 cis or trans tetrahydrocannabinol, and their optical isomers;</p> <p>delta-6 cis or trans tetrahydrocannabinol, and their optical isomers;</p> <p>delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers;</p> <p>compounds of these structures, regardless of numerical designation of atomic positions, since nomenclature of these substances is not internationally standardized;</p> <p>Thiophene Analog of Phencyclidine (some trade or other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl Analog of Phencyclidine; TPCP, TCP);</p> <p>1-pyrrolidine (some trade or other name: TCPy);</p> <p>1-(3-trifluoromethylphenyl)piperazine (trade or other name: TFMPP); and</p> <p>3,4,5-trimethoxy amphetamine;</p> <p>(2) Phenylacetone (some trade or other names: Phenyl-2-propanone; P2P, Benzymethyl ketone, methyl benzyl ketone); and</p> <p>(3) unless specifically excepted or unless listed in another Penalty Group, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant or stimulant effect on the central nervous system:</p> <p>Aminorex (some trade or other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5- phenyl-2-oxazolamine);</p> <p>Amphetamine, its salts, optical isomers, and salts of optical isomers;</p> <p>Cathinone (some trade or other names: 2-amino-1- phenyl-1-propanone, alpha-aminopropiophenone, 2- aminopropiophenone);</p> <p>Etorphine Hydrochloride;</p> <p>Fenethylline and its salts;</p> <p>Lisdexamfetamine, including its salts, isomers, and salts of isomers;</p> <p>Mecloqualone and its salts;</p> <p>Methaqualone and its salts;</p> <p>Methcathinone (some trade or other names: 2- methylamino-propiophenone; alpha-(methylamino)propriophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N- methylaminopropriophenone; monomethylpropion; ephedrone, N- methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR 1431);</p> <p>N-Ethylamphetamine, its salts, optical isomers, and salts of optical isomers; and</p> <p>N,N-dimethylamphetamine (some trade or other names: N,N,alpha-trimethylbenzeneethaneamine; N,N,alpha-trimethylphenethylamine), its salts, optical isomers, and salts of optical isomers.</p> <p>(b) For the purposes of Subsection (a)(1) only, the term “isomer” includes an optical, position, or geometric isomer.</p> <p>Amended by Acts 1997, 75th Leg., ch. 745, Sec. 23, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 17, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1099, Sec. 8, eff. Sept. 1, 2003.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 739, Sec. 2, eff. September 1, 2009.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Penalty Group 1 and 1-A</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-penalty-group-1-and-1-a/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 16:04:00 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Houston Drug Defense Lawyer]]></category> <category><![CDATA[Houston Drug Lawyer]]></category> <category><![CDATA[Houston Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6297</guid> <description><![CDATA[Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of: (1) the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: Alfentanil; Allylprodine; Alphacetylmethadol; Benzethidine; Betaprodine; Clonitazene; Diampromide; Diethylthiambutene; […]]]></description> <content:encoded><![CDATA[<p>Sec. 481.102. PENALTY GROUP 1. Penalty Group 1 consists of:</p> <p>(1) the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:</p> <p>Alfentanil;</p> <p>Allylprodine;</p> <p>Alphacetylmethadol;</p> <p>Benzethidine;</p> <p>Betaprodine;</p> <p>Clonitazene;</p> <p>Diampromide;</p> <p>Diethylthiambutene;</p> <p>Difenoxin not listed in Penalty Group 3 or 4;</p> <p>Dimenoxadol;</p> <p>Dimethylthiambutene;</p> <p>Dioxaphetyl butyrate;</p> <p>Dipipanone;</p> <p>Ethylmethylthiambutene;</p> <p>Etonitazene;</p> <p>Etoxeridine;</p> <p>Furethidine;</p> <p>Hydroxypethidine;</p> <p>Ketobemidone;</p> <p>Levophenacylmorphan;</p> <p>Meprodine;</p> <p>Methadol;</p> <p>Moramide;</p> <p>Morpheridine;</p> <p>Noracymethadol;</p> <p>Norlevorphanol;</p> <p>Normethadone;</p> <p>Norpipanone;</p> <p>Phenadoxone;</p> <p>Phenampromide;</p> <p>Phenomorphan;</p> <p>Phenoperidine;</p> <p>Piritramide;</p> <p>Proheptazine;</p> <p>Properidine;</p> <p>Propiram;</p> <p>Sufentanil;</p> <p>Tilidine; and</p> <p>Trimeperidine;</p> <p>(2) the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:</p> <p>Acetorphine;</p> <p>Acetyldihydrocodeine;</p> <p>Benzylmorphine;</p> <p>Codeine methylbromide;</p> <p>Codeine-N-Oxide;</p> <p>Cyprenorphine;</p> <p>Desomorphine;</p> <p>Dihydromorphine;</p> <p>Drotebanol;</p> <p>Etorphine, except hydrochloride salt;</p> <p>Heroin;</p> <p>Hydromorphinol;</p> <p>Methyldesorphine;</p> <p>Methyldihydromorphine;</p> <p>Monoacetylmorphine;</p> <p>Morphine methylbromide;</p> <p>Morphine methylsulfonate;</p> <p>Morphine-N-Oxide;</p> <p>Myrophine;</p> <p>Nicocodeine;</p> <p>Nicomorphine;</p> <p>Normorphine;</p> <p>Pholcodine; and</p> <p>Thebacon;</p> <p>(3) the following substances, however produced, except those narcotic drugs listed in another group:</p> <p>(A) Opium and opiate not listed in Penalty Group 3 or 4, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine derived butorphanol, nalmefene and its salts, naloxone and its salts, and naltrexone and its salts, but including:</p> <p>Codeine not listed in Penalty Group 3 or 4;</p> <p>Dihydroetorphine;</p> <p>Ethylmorphine not listed in Penalty Group 3 or 4;</p> <p>Granulated opium;</p> <p>Hydrocodone not listed in Penalty Group 3;</p> <p>Hydromorphone;</p> <p>Metopon;</p> <p>Morphine not listed in Penalty Group 3;</p> <p>Opium extracts;</p> <p>Opium fluid extracts;</p> <p>Oripavine;</p> <p>Oxycodone;</p> <p>Oxymorphone;</p> <p>Powdered opium;</p> <p>Raw opium;</p> <p>Thebaine; and</p> <p>Tincture of opium;</p> <p>(B) a salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (A), other than the isoquinoline alkaloids of opium;</p> <p>(C) Opium poppy and poppy straw;</p> <p>(D) Cocaine, including:</p> <p>(i) its salts, its optical, position, and geometric isomers, and the salts of those isomers;</p> <p>(ii) coca leaves and a salt, compound, derivative, or preparation of coca leaves;</p> <p>(iii) a salt, compound, derivative, or preparation of a salt, compound, or derivative that is chemically equivalent or identical to a substance described by Subparagraph (i) or (ii), other than decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; and</p> <p>(E) concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrine alkaloids of the opium poppy;</p> <p>(4) the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:</p> <p>Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2- phenethyl)-4-piperidinyl]-N-phenylacetamide);</p> <p>Alpha-methylthiofentanyl (N-[1-methyl-2-(2- thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);</p> <p>Alphaprodine;</p> <p>Anileridine;</p> <p>Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2- phenethyl)-4-piperidinyl] -N-phenylpropanamide);</p> <p>Beta-hydroxy-3-methylfentanyl;</p> <p>Bezitramide;</p> <p>Carfentanil;</p> <p>Dihydrocodeine not listed in Penalty Group 3 or 4;</p> <p>Diphenoxylate not listed in Penalty Group 3 or 4;</p> <p>Fentanyl or alpha-methylfentanyl, or any other derivative of Fentanyl;</p> <p>Isomethadone;</p> <p>Levomethorphan;</p> <p>Levorphanol;</p> <p>Metazocine;</p> <p>Methadone;</p> <p>Methadone-Intermediate, 4-cyano-2-dimethylamino- 4, 4-diphenyl butane;</p> <p>3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)- 4-piperidyl]-N-phenylpropanamide);</p> <p>3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl) ethyl-4-piperidinyl]-N-phenylpropanamide);</p> <p>Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;</p> <p>Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2- phenylethyl)-4-piperidinylpropanamide);</p> <p>PEPAP (1-(2-phenethyl)-4-phenyl-4- acetoxypiperidine);</p> <p>Pethidine (Meperidine);</p> <p>Pethidine-Intermediate-A, 4-cyano-1-methyl-4- phenylpiperidine;</p> <p>Pethidine-Intermediate-B, ethyl-4- phenylpiperidine-4 carboxylate;</p> <p>Pethidine-Intermediate-C, 1-methyl-4- phenylpiperidine-4-carboxylic acid;</p> <p>Phenazocine;</p> <p>Piminodine;</p> <p>Racemethorphan;</p> <p>Racemorphan;</p> <p>Remifentanil; and</p> <p>Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);</p> <p>(5) Flunitrazepam (trade or other name: Rohypnol);</p> <p>(6) Methamphetamine, including its salts, optical isomers, and salts of optical isomers;</p> <p>(7) Phenylacetone and methylamine, if possessed together with intent to manufacture methamphetamine;</p> <p>(8) Phencyclidine, including its salts;</p> <p>(9) Gamma hydroxybutyric acid (some trade or other names: gamma hydroxybutyrate, GHB), including its salts; and</p> <p>(10) Ketamine.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(n), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 761, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 745, Sec. 21, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 251, Sec. 16, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 459, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1099, Sec. 7, eff. Sept. 1, 2003.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 739, Sec. 1, eff. September 1, 2009.</p> <p>Sec. 481.1021. PENALTY GROUP 1-A. Penalty Group 1-A consists of lysergic acid diethylamide (LSD), including its salts, isomers, and salts of isomers.</p> <p>Added by Acts 1997, 75th Leg., ch. 745, Sec. 22, eff. Jan. 1, 1998.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.<a class="zemanta-pixie-a" title="Enhanced by Zemanta" href="http://www.zemanta.com/"><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/zemified_e.png?x-id=0df433ce-eb75-4d3e-aeef-c5bbd368fd22" alt="Enhanced by Zemanta" /></a></p> ]]></content:encoded> </item> <item> <title>Texas Controlled Substances Act – Criminal Classification of Controlled Substances</title> <link>https://www.houstoncriminaltriallawyer.net/texas-controlled-substances-act-criminal-classification-of-controlled-substances/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 02 Feb 2012 14:38:33 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Houston Drug Defense Lawyer]]></category> <category><![CDATA[Houston Drug Lawyer]]></category> <category><![CDATA[Substance abuse]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6292</guid> <description><![CDATA[TEXAS HEALTH AND SAFETY CODE TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT SUBCHAPTER D. OFFENSES AND PENALTIES Sec. 481.101. CRIMINAL CLASSIFICATION. For the purpose of establishing criminal penalties for violations of this chapter, controlled substances, including a material, compound, mixture, or […]]]></description> <content:encoded><![CDATA[<p>TEXAS HEALTH AND SAFETY CODE</p> <p>TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES</p> <p>SUBTITLE C. SUBSTANCE ABUSE REGULATION AND CRIMES</p> <p>CHAPTER 481. TEXAS CONTROLLED SUBSTANCES ACT</p> <p>SUBCHAPTER D. OFFENSES AND PENALTIES</p> <p>Sec. 481.101. CRIMINAL CLASSIFICATION. For the purpose of establishing criminal penalties for violations of this chapter, controlled substances, including a material, compound, mixture, or preparation containing the controlled substance, are divided into Penalty Groups 1 through 4.</p> <p>Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.02(n), eff. Sept. 1, 1989.</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>Free Initial Consultation. <strong>281-546-6428</strong>. Contact us today.</p> <p>This is a local copy of a section of the Texas Controlled Substances Act.</p> ]]></content:encoded> </item> <item> <title>Texas Juvenile Justice Code – Chapter 61. Rights and Responsibilities of Parents and Other Eligible Persons</title> <link>https://www.houstoncriminaltriallawyer.net/texas-juvenile-justice-code-chapter-61-rights-and-responsibilities-of-parents-and-other-eligible-persons/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Tue, 03 Jan 2012 02:39:48 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Board Certified Juvenile Lawyer]]></category> <category><![CDATA[Houston Juvenile Attorney]]></category> <category><![CDATA[Houston Juvenile Crime Lawyer]]></category> <category><![CDATA[Houston Juvenile Lawyer]]></category> <category><![CDATA[Houston Juvenile Trial Lawyer]]></category> <category><![CDATA[Juvenile court]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6273</guid> <description><![CDATA[TEXAS FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CHAPTER 61. RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER ELIGIBLE PERSONS SUBCHAPTER A. ENTRY OF ORDERS AGAINST PARENTS AND OTHER ELIGIBLE PERSONS Sec. 61.001. DEFINITIONS. In this chapter: (1) “Juvenile court order” means an order by a juvenile court in a proceeding to which this chapter applies requiring a parent […]]]></description> <content:encoded><![CDATA[<p align="center"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14012" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png" alt="" width="300" height="223" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center.png 450w" sizes="(max-width: 300px) 100vw, 300px" /></a>TEXAS FAMILY CODE</p> <p align="center">TITLE 3. JUVENILE JUSTICE CODE</p> <p align="center">CHAPTER 61. RIGHTS AND RESPONSIBILITIES OF PARENTS AND OTHER ELIGIBLE PERSONS</p> <p style="text-align: center;">SUBCHAPTER A. ENTRY OF ORDERS AGAINST PARENTS AND OTHER ELIGIBLE PERSONS</p> <p>Sec. 61.001. DEFINITIONS. In this chapter:</p> <p>(1) “Juvenile court order” means an order by a juvenile court in a proceeding to which this chapter applies requiring a parent or other eligible person to act or refrain from acting.</p> <p>(2) “Other eligible person” means the respondent’s guardian, the respondent’s custodian, or any other person described in a provision under this title authorizing the court order.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.002. APPLICABILITY. (a) Except as provided by Subsection (b), this chapter applies to a proceeding to enter a juvenile court order:</p> <p>(1) for payment of probation fees under Section 54.061;</p> <p>(2) for restitution under Sections 54.041(b) and 54.048;</p> <p>(3) for payment of graffiti eradication fees under Section 54.0461;</p> <p>(4) for community service under Section 54.044(b);</p> <p>(5) for payment of costs of court under Section 54.0411 or other provisions of law;</p> <p>(6) requiring the person to refrain from doing any act injurious to the welfare of the child under Section 54.041(a)(1);</p> <p>(7) enjoining contact between the person and the child who is the subject of a proceeding under Section 54.041(a)(2);</p> <p>(8) ordering a person living in the same household with the child to participate in counseling under Section 54.041(a)(3);</p> <p>(9) requiring a parent or guardian of a child found to be truant to participate in an available program addressing truancy under Section 54.041(f);</p> <p>(10) requiring a parent or other eligible person to pay reasonable attorney’s fees for representing the child under Section 51.10(e);</p> <p>(11) requiring the parent or other eligible person to reimburse the county for payments the county has made to an attorney appointed to represent the child under Section 51.10(j);</p> <p>(12) requiring payment of deferred prosecution supervision fees under Section 53.03(d);</p> <p>(13) requiring a parent or other eligible person to attend a court hearing under Section 51.115;</p> <p>(14) requiring a parent or other eligible person to act or refrain from acting to aid the child in complying with conditions of release from detention under Section 54.01(r);</p> <p>(15) requiring a parent or other eligible person to act or refrain from acting under any law imposing an obligation of action or omission on a parent or other eligible person because of the parent’s or person’s relation to the child who is the subject of a proceeding under this title; or</p> <p>(16) for payment of fees under Section 54.0462.</p> <p>(b) This subchapter does not apply to the entry and enforcement of a child support order under Section 54.06.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 1209, Sec. 5, eff. September 1, 2009.</p> <p>Sec. 61.003. ENTRY OF JUVENILE COURT ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON. (a) To comply with the requirements of due process of law, the juvenile court shall:</p> <p>(1) provide sufficient notice in writing or orally in a recorded court hearing of a proposed juvenile court order; and</p> <p>(2) provide a sufficient opportunity for the parent or other eligible person to be heard regarding the proposed order.</p> <p>(b) A juvenile court order must be in writing and a copy promptly furnished to the parent or other eligible person.</p> <p>(c) The juvenile court may require the parent or other eligible person to provide suitable identification to be included in the court’s file. Suitable identification includes fingerprints, a driver’s license number, a social security number, or similar indicia of identity.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.<a> </a></p> <p>Sec. 61.0031. TRANSFER OF ORDER AFFECTING PARENT OR OTHER ELIGIBLE PERSON TO COUNTY OF CHILD’S RESIDENCE. (a) This section applies only when:</p> <p>(1) a juvenile court has placed a parent or other eligible person under a court order under this chapter;</p> <p>(2) the child who was the subject of the juvenile court proceedings in which the order was entered:</p> <p>(A) resides in a county other than the county in which the order was entered;</p> <p>(B) has moved to a county other than the county in which the order was entered and intends to remain in that county for at least 60 days; or</p> <p>(C) intends to move to a county other than the county in which the order was entered and to remain in that county for at least 60 days; and</p> <p>(3) the parent or other eligible person resides or will reside in the same county as the county in which the child now resides or to which the child has moved or intends to move.</p> <p>(b) A juvenile court that enters an order described by Subsection (a)(1) may transfer the order to the juvenile court of the county in which the parent now resides or to which the parent has moved or intends to move.</p> <p>(c) The juvenile court shall provide the parent or other eligible person written notice of the transfer. The notification must identify the court to which the order has been transferred.</p> <p>(d) The juvenile court to which the order has been transferred shall require the parent or other eligible person to appear before the court to notify the person of the existence and terms of the order. Failure to do so renders the order unenforceable.</p> <p>(e) If the notice required by Subsection (d) is provided, the juvenile court to which the order has been transferred may modify, extend, or enforce the order as though the court originally entered the order.</p> <p>Added by Acts 2005, 79th Leg., Ch. 949, Sec. 26, eff. September 1, 2005.</p> <p>Sec. 61.004. APPEAL. (a) The parent or other eligible person against whom a final juvenile court order has been entered may appeal as provided by law from judgments entered in civil cases.</p> <p>(b) The movant may appeal from a judgment denying requested relief regarding a juvenile court order as provided by law from judgments entered in civil cases.</p> <p>(c) The pendency of an appeal initiated under this section does not abate or otherwise affect the proceedings in juvenile court involving the child.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p style="text-align: center;">SUBCHAPTER B. ENFORCEMENT OF ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON</p> <p>Sec. 61.051. MOTION FOR ENFORCEMENT. (a) A party initiates enforcement of a juvenile court order by filing a written motion. In ordinary and concise language, the motion must:</p> <p>(1) identify the provision of the order allegedly violated and sought to be enforced;</p> <p>(2) state specifically and factually the manner of the person’s alleged noncompliance;</p> <p>(3) state the relief requested; and</p> <p>(4) contain the signature of the party filing the motion.</p> <p>(b) The movant must allege in the same motion for enforcement each violation by the person of the juvenile court orders described by Section 61.002(a) that the movant had a reasonable basis for believing the person was violating when the motion was filed.</p> <p>(c) The juvenile court retains jurisdiction to enter a contempt order if the motion for enforcement is filed not later than six months after the child’s 18th birthday.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.052. NOTICE AND APPEARANCE. (a) On the filing of a motion for enforcement, the court shall by written notice set the date, time, and place of the hearing and order the person against whom enforcement is sought to appear and respond to the motion.</p> <p>(b) The notice must be given by personal service or by certified mail, return receipt requested, on or before the 10th day before the date of the hearing on the motion. The notice must include a copy of the motion for enforcement. Personal service must comply with the Code of Criminal Procedure.</p> <p>(c) If a person moves to strike or specially excepts to the motion for enforcement, the court shall rule on the exception or motion to strike before the court hears evidence on the motion for enforcement. If an exception is sustained, the court shall give the movant an opportunity to replead and continue the hearing to a designated date and time without the requirement of additional service.</p> <p>(d) If a person who has been personally served with notice to appear at the hearing does not appear, the juvenile court may not hold the person in contempt, but may issue a capias for the arrest of the person. The court shall set and enforce bond as provided by Subchapter C, Chapter 157. If a person served by certified mail, return receipt requested, with notice to appear at the hearing does not appear, the juvenile court may require immediate personal service of notice.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.053. ATTORNEY FOR THE PERSON. (a) In a proceeding on a motion for enforcement where incarceration is a possible punishment against a person who is not represented by an attorney, the court shall inform the person of the right to be represented by an attorney and, if the person is indigent, of the right to the appointment of an attorney.</p> <p>(b) If the person claims indigency and requests the appointment of an attorney, the juvenile court may require the person to file an affidavit of indigency. The court may hear evidence to determine the issue of indigency.</p> <p>(c) The court shall appoint an attorney to represent the person if the court determines that the person is indigent.</p> <p>(d) The court shall allow an appointed or retained attorney at least 10 days after the date of the attorney’s appointment or retention to respond to the movant’s pleadings and to prepare for the hearing. The attorney may waive the preparation time or agree to a shorter period for preparation.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.054. COMPENSATION OF APPOINTED ATTORNEY. (a) An attorney appointed to represent an indigent person is entitled to a reasonable fee for services to be paid from the general fund of the county according to the schedule for compensation adopted by the county juvenile board. The attorney must meet the qualifications required of attorneys for appointment to Class B misdemeanor cases in juvenile court.</p> <p>(b) For purposes of compensation, a proceeding in the supreme court is the equivalent of a proceeding in the court of criminal appeals.</p> <p>(c) The juvenile court may order the parent or other eligible person for whom it has appointed counsel to reimburse the county for the fees the county pays to appointed counsel.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.<a> </a></p> <p>Sec. 61.055. CONDUCT OF ENFORCEMENT HEARING. (a) The juvenile court shall require that the enforcement hearing be recorded as provided by Section 54.09.</p> <p>(b) The movant must prove beyond a reasonable doubt that the person against whom enforcement is sought engaged in conduct constituting contempt of a reasonable and lawful court order as alleged in the motion for enforcement.</p> <p>(c) The person against whom enforcement is sought has a privilege not to be called as a witness or otherwise to incriminate himself or herself.</p> <p>(d) The juvenile court shall conduct the enforcement hearing without a jury.</p> <p>(e) The juvenile court shall include in its judgment findings as to each violation alleged in the motion for enforcement and the punishment, if any, to be imposed.</p> <p>(f) If the person against whom enforcement is sought was not represented by counsel during any previous court proceeding involving a motion for enforcement, the person may through counsel raise any defense or affirmative defense to the proceeding that could have been lodged in the previous court proceeding but was not because the person was not represented by counsel.</p> <p>(g) It is an affirmative defense to enforcement of a juvenile court order that the juvenile court did not provide the parent or other eligible person with due process of law in the proceeding in which the court entered the order.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.056. AFFIRMATIVE DEFENSE OF INABILITY TO PAY. (a) In an enforcement hearing in which the motion for enforcement alleges that the person against whom enforcement is sought failed to pay restitution, court costs, supervision fees, or any other payment ordered by the court, it is an affirmative defense that the person was financially unable to pay.</p> <p>(b) The burden of proof to establish the affirmative defense of inability to pay is on the person asserting it.</p> <p>(c) In order to prevail on the affirmative defense of inability to pay, the person asserting it must show that the person could not have reasonably paid the court-ordered obligation after the person discharged the person’s other important financial obligations, including payments for housing, food, utilities, necessary clothing, education, and preexisting debts.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.057. PUNISHMENT FOR CONTEMPT. (a) On a finding of contempt, the juvenile court may commit the person to the county jail for a term not to exceed six months or may impose a fine in an amount not to exceed $500, or both.</p> <p>(b) The court may impose only a single jail sentence not to exceed six months or a single fine not to exceed $500, or both, during an enforcement proceeding, without regard to whether the court has entered multiple findings of contempt.</p> <p>(c) On a finding of contempt in an enforcement proceeding, the juvenile court may, instead of issuing a commitment to jail, enter an order requiring the person’s future conduct to comply with the court’s previous orders.</p> <p>(d) Violation of an order entered under Subsection (c) may be the basis of a new enforcement proceeding.</p> <p>(e) The juvenile court may assign a juvenile probation officer to assist a person in complying with a court order issued under Subsection (c).</p> <p>(f) A juvenile court may reduce a term of incarceration or reduce payment of all or part of a fine at any time before the sentence is fully served or the fine fully paid.</p> <p>(g) A juvenile court may reduce the burden of complying with a court order issued under Subsection (c) at any time before the order is fully satisfied, but may not increase the burden except following a new finding of contempt in a new enforcement proceeding.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p style="text-align: center;">SUBCHAPTER C. RIGHTS OF PARENTS</p> <p>Sec. 61.101. DEFINITION. In this subchapter, “parent” includes the guardian or custodian of a child.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.102. RIGHT TO BE INFORMED OF PROCEEDING. (a) The parent of a child referred to a juvenile court is entitled as soon as practicable after the referral to be informed by staff designated by the juvenile board, based on the information accompanying the referral to the juvenile court, of:</p> <p>(1) the date and time of the offense;</p> <p>(2) the date and time the child was taken into custody;</p> <p>(3) the name of the offense and its penal category;</p> <p>(4) the type of weapon, if any, that was used;</p> <p>(5) the type of property taken or damaged and the extent of damage, if any;</p> <p>(6) the physical injuries, if any, to the victim of the offense;</p> <p>(7) whether there is reason to believe that the offense was gang-related;</p> <p>(8) whether there is reason to believe that the offense was related to consumption of alcohol or use of an illegal controlled substance;</p> <p>(9) if the child was taken into custody with adults or other juveniles, the names of those persons;</p> <p>(10) the aspects of the juvenile court process that apply to the child;</p> <p>(11) if the child is in detention, the visitation policy of the detention facility that applies to the child;</p> <p>(12) the child’s right to be represented by an attorney and the local standards and procedures for determining whether the parent qualifies for appointment of counsel to represent the child; and</p> <p>(13) the methods by which the parent can assist the child with the legal process.</p> <p>(b) If the child was released on field release citation, or from the law enforcement station by the police, by intake, or by the judge or associate judge at the initial detention hearing, the information required by Subsection (a) may be communicated to the parent in person, by telephone, or in writing.</p> <p>(c) If the child is not released before or at the initial detention hearing, the information required by Subsection (a) shall be communicated in person to the parent unless that is not feasible, in which event it may be communicated by telephone or in writing.</p> <p>(d) Information disclosed to a parent under Subsection (a) is not admissible in a judicial proceeding under this title as substantive evidence or as evidence to impeach the testimony of a witness for the state.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.103. RIGHT OF ACCESS TO CHILD. (a) The parent of a child taken into custody for delinquent conduct, conduct indicating a need for supervision, or conduct that violates a condition of probation imposed by the juvenile court has the right to communicate in person privately with the child for reasonable periods of time while the child is in:</p> <p>(1) a juvenile processing office;</p> <p>(2) a secure detention facility;</p> <p>(3) a secure correctional facility;</p> <p>(4) a court-ordered placement facility; or</p> <p>(5) the custody of the Texas Youth Commission.</p> <p>(b) The time, place, and conditions of the private, in-person communication may be regulated to prevent disruption of scheduled activities and to maintain the safety and security of the facility.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.104. PARENTAL WRITTEN STATEMENT. (a) When a petition for adjudication, a motion or petition to modify disposition, or a motion or petition for discretionary transfer to criminal court is served on a parent of the child, the parent must be provided with a form prescribed by the Texas Juvenile Probation Commission on which the parent can make a written statement about the needs of the child or family or any other matter relevant to disposition of the case.</p> <p>(b) The parent shall return the statement to the juvenile probation department, which shall transmit the statement to the court along with the discretionary transfer report authorized by Section 54.02(e), the disposition report authorized by Section 54.04(b), or the modification of disposition report authorized by Section 54.05(e), as applicable. The statement shall be disclosed to the parties as appropriate and may be considered by the court at the disposition, modification, or discretionary transfer hearing.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.105. PARENTAL ORAL STATEMENT. (a) After all the evidence has been received but before the arguments of counsel at a hearing for discretionary transfer to criminal court, a disposition hearing without a jury, or a modification of disposition hearing, the court shall give a parent who is present in court a reasonable opportunity to address the court about the needs or strengths of the child or family or any other matter relevant to disposition of the case.</p> <p>(b) The parent may not be required to make the statement under oath and may not be subject to cross-examination, but the court may seek clarification or expansion of the statement from the person giving the statement.</p> <p>(c) The court may consider and act on the statement as the court considers appropriate.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.106. APPEAL OR COLLATERAL CHALLENGE. The failure or inability of a person to perform an act or to provide a right or service listed under this subchapter may not be used by the child or any party as a ground for:</p> <p>(1) appeal;</p> <p>(2) an application for a post-adjudication writ of habeas corpus; or</p> <p>(3) exclusion of evidence against the child in any proceeding or forum.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>Sec. 61.107. LIABILITY. The Texas Youth Commission, a juvenile board, a court, a person appointed by the court, an employee of a juvenile probation department, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inability to provide a right listed in this chapter.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.</p> <p>___________________</p> <p>Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Trial Lawyers</p> <p>As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense. Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases. Other Houston criminal lawyers have consulted her for years about these subjects. Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases. Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.</p> <p>If you need a Houston Drug Defense Lawyer, call Jim Sullivan and Associates at <strong>281-546-6428</strong>.<a class="zemanta-pixie-a" title="Enhanced by Zemanta" href="http://www.zemanta.com/"><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/zemified_e.png?x-id=1dc372d6-5a94-4b28-9dba-024de194a344" alt="Enhanced by Zemanta" /></a></p> ]]></content:encoded> </item> <item> <title>Texas Juvenile Justice Code – Chapter 60. Uniform Interstate Compact on Juveniles</title> <link>https://www.houstoncriminaltriallawyer.net/texas-juvenile-justice-code-chapter-60-uniform-interstate-compact-on-juveniles/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Tue, 03 Jan 2012 02:32:21 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Criminal justice]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Juvenile court]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6270</guid> <description><![CDATA[TEXAS FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CHAPTER 60. UNIFORM INTERSTATE COMPACT ON JUVENILES Sec. 60.001.  DEFINITIONS.  In this chapter: (1)  “Commission” means the Interstate Commission for Juveniles. (2)  “Compact” means the Interstate Compact for Juveniles. (3)  “Compact administrator” has the meaning assigned by Article II of the compact. Amended by: Acts 2005, 79th Leg., Ch. 1007, Sec. […]]]></description> <content:encoded><![CDATA[<p align="center"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14012" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png" alt="" width="300" height="223" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center.png 450w" sizes="(max-width: 300px) 100vw, 300px" /></a>TEXAS FAMILY CODE</p> <p align="center">TITLE 3. JUVENILE JUSTICE CODE</p> <p style="text-align: center;">CHAPTER 60. UNIFORM INTERSTATE COMPACT ON JUVENILES</p> <p>Sec. 60.001.  DEFINITIONS. In this chapter:</p> <p>(1)  “Commission” means the Interstate Commission for Juveniles.</p> <p>(2)  “Compact” means the Interstate Compact for Juveniles.</p> <p>(3)  “Compact administrator” has the meaning assigned by Article II of the compact.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 1007, Sec. 2.01.</p> <p>Sec. 60.005.  JUVENILE COMPACT ADMINISTRATOR. Under the compact, the governor may designate an officer as the compact administrator. The administrator, acting jointly with like officers of other party states, shall adopt regulations to carry out more effectively the terms of the compact. The compact administrator serves at the pleasure of the governor. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of a supplementary agreement entered into by this state.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 60.006.  SUPPLEMENTARY AGREEMENTS. A compact administrator may make supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of an institution or facility of this state or requires or contemplates the provision of a service of this state, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution is operated, or whose department or agency is charged with performing the service.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 60.007.  FINANCIAL ARRANGEMENTS. The compact administrator may make or arrange for the payments necessary to discharge the financial obligations imposed upon this state by the compact or by a supplementary agreement made under the compact, subject to legislative appropriations.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 60.008.  ENFORCEMENT. The courts, departments, agencies, and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to effectuate its purposes and intent which are within their respective jurisdictions.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 60.009.  ADDITIONAL PROCEDURES NOT PRECLUDED. In addition to any procedures developed under the compact for the return of a runaway juvenile, the particular states, the juvenile, or his parents, the courts, or other legal custodian involved may agree upon and adopt any plan or procedure legally authorized under the laws of this state and the other respective party states for the return of the runaway juvenile.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 1007, Sec. 2.01.</p> <p>Sec. 60.010.  INTERSTATE COMPACT FOR JUVENILES</p> <p align="center">ARTICLE I</p> <p align="center">PURPOSE</p> <p>The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others.  The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence.  The compacting states also recognize that congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.</p> <p>It is the purpose of this compact, through means of joint and cooperative action among the compacting states to:  (A) ensure that the juveniles who are moved under this compact to another state for probation or parole supervision and services are governed in the receiving state by the same standards that apply to juveniles receiving such supervision and services in the receiving state; (B) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected and balanced with the juvenile’s and the juvenile’s family’s best interests and welfare when an interstate movement is under consideration; (C) return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return through a fair and prompt judicial review process that ensures that the requisition is in order and that the transport is properly supervised; (D) make provisions for contracts between member states for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (E) provide for the effective tracking of juveniles who move interstate under the compact’s provisions; (F) equitably allocate the costs, benefits, and obligations of the compacting states; (G) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders, ensuring that a receiving state accepts supervision of a juvenile when the juvenile’s parent or other person having legal custody resides or is undertaking residence there; (H) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (I) establish a system of uniform data collection on information pertaining to juveniles who move interstate under this compact that prevents public disclosure of identity and individual treatment information but allows access by authorized juvenile justice and criminal justice officials and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (J) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (K) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (L) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise.  It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business.  Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact.  The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.</p> <p align="center">ARTICLE II</p> <p align="center">DEFINITIONS</p> <p>As used in this compact, unless the context clearly requires a different construction:</p> <p>A.  “Bylaws” means those bylaws established by the Interstate Commission for its governance or for directing or controlling the Interstate Commission’s actions or conduct.</p> <p>B.  “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact and to the rules adopted by the Interstate Commission under this compact.</p> <p>C.  “Compacting state” means any state which has enacted the enabling legislation for this compact.</p> <p>D.  “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact.</p> <p>E.  “Court” means any court having jurisdiction over delinquent, neglected, or dependent children.</p> <p>F.  “Deputy compact administrator” means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact, responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact and to the rules adopted by the Interstate Commission under this compact.</p> <p>G.  “Interstate Commission” means the Interstate Commission for Juveniles created by Article III of this compact.</p> <p>H.  “Juvenile” means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:</p> <p>(1)  Accused Delinquent – a person charged with an offense that, if committed by an adult, would be a criminal offense;</p> <p>(2)  Adjudicated Delinquent – a person found to have committed an offense that, if committed by an adult, would be a criminal offense;</p> <p>(3)  Accused Status Offender – a person charged with an offense that would not be a criminal offense if committed by an adult;</p> <p>(4)  Adjudicated Status Offender – a person found to have committed an offense that would not be a criminal offense if committed by an adult; and</p> <p>(5)  Nonoffender – a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.</p> <p>I.  “Noncompacting state” means any state which has not enacted the enabling legislation for this compact.</p> <p>J.  “Probation or parole” means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.</p> <p>K.  “Rule” means a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.</p> <p>L.  “State” means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.</p> <p align="center">ARTICLE III</p> <p align="center">INTERSTATE COMMISSION FOR JUVENILES</p> <p>A.  The compacting states hereby create the Interstate Commission for Juveniles.  The Interstate Commission shall be a body corporate and joint agency of the compacting states.  The commission shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.</p> <p>B.  The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state.  The commissioner shall be the compact administrator, deputy compact administrator, or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.</p> <p>C.  In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations.  Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims.  All noncommissioner members of the Interstate Commission shall be ex officio (nonvoting) members.  The Interstate Commission may provide in its bylaws for such additional ex officio (nonvoting) members, including members of other national organizations, in such numbers as shall be determined by the commission.</p> <p>D.  Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote.  A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.</p> <p>E.  The Interstate Commission shall meet at least once each calendar year.  The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings.  Public notice shall be given of all meetings and meetings shall be open to the public.</p> <p>F.  The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws.  The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking or amendment to the compact.  The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and rules, and performs such other duties as directed by the Interstate Commission or set forth in the bylaws.</p> <p>G.  Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission.  A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting.  The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.</p> <p>H.  The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying.  The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.</p> <p>I.  Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact.  The Interstate Commission and any of its committees may close a meeting to the public when it determines by two-thirds vote that an open meeting would be likely to:</p> <p>1.  Relate solely to the Interstate Commission’s internal personnel practices and procedures;</p> <p>2.  Disclose matters specifically exempted from disclosure by statute;</p> <p>3.  Disclose trade secrets or commercial or financial information which is privileged or confidential;</p> <p>4.  Involve accusing any person of a crime or formally censuring any person;</p> <p>5.  Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;</p> <p>6.  Disclose investigative records compiled for law enforcement purposes;</p> <p>7.  Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;</p> <p>8.  Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or</p> <p>9.  Specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding.</p> <p>J.  For every meeting closed pursuant to this provision, the Interstate Commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision.  The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question).  All documents considered in connection with any action shall be identified in such minutes.</p> <p>K.  The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements.  Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate the Interstate Commission’s information functions with the appropriate repository of records.</p> <p align="center">ARTICLE IV</p> <p align="center">POWERS AND DUTIES OF THE INTERSTATE COMMISSION</p> <p>The commission shall have the following powers and duties:</p> <p>1.  To provide for dispute resolution among compacting states.</p> <p>2.  To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.</p> <p>3.  To oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission.</p> <p>4.  To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.</p> <p>5.  To establish and maintain offices which shall be located within one or more of the compacting states.</p> <p>6.  To purchase and maintain insurance and bonds.</p> <p>7.  To borrow, accept, hire, or contract for services of personnel.</p> <p>8.  To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III of this compact, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.</p> <p>9.  To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications, and to establish the Interstate Commission’s personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel.</p> <p>10.  To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same.</p> <p>11.  To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, whether real, personal, or mixed.</p> <p>12.  To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed.</p> <p>13.  To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact.</p> <p>14.  To sue and be sued.</p> <p>15.  To adopt a seal and bylaws governing the management and operation of the Interstate Commission.</p> <p>16.  To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.</p> <p>17.  To report annually to the legislatures, governors, and judiciary of the compacting states concerning the activities of the Interstate Commission during the preceding year.  Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.</p> <p>18.  To coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity.</p> <p>19.  To establish uniform standards of the reporting, collecting, and exchanging of data.</p> <p>20.  The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.</p> <p align="center">ARTICLE V</p> <p align="center">ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION</p> <p>Sec. A.  Bylaws</p> <p>1.  The Interstate Commission shall, by a majority of the members present and voting, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:</p> <p>a.  Establishing the fiscal year of the Interstate Commission;</p> <p>b.  Establishing an executive committee and such other committees as may be necessary;</p> <p>c.  Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;</p> <p>d.  Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;</p> <p>e.  Establishing the titles and responsibilities of the officers of the Interstate Commission;</p> <p>f.  Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;</p> <p>g.  Providing start-up rules for initial administration of the compact; and</p> <p>h.  Establishing standards and procedures for compliance and technical assistance in carrying out the compact.</p> <p>Sec. B.  Officers and Staff</p> <p>1.  The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws.  The chairperson or, in the chairperson’s absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission.  The officers so elected shall serve without compensation or remuneration from the Interstate Commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.</p> <p>2.  The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the Interstate Commission may deem appropriate.  The executive director shall serve as secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.</p> <p>Sec. C.  Qualified Immunity, Defense, and Indemnification</p> <p>1.  The Interstate Commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities, provided that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful and wanton misconduct of any such person.</p> <p>2.  The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents.  Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful and wanton misconduct of any such person.</p> <p>3.  The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or wilful and wanton misconduct on the part of such person.</p> <p>4.  The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or wilful and wanton misconduct on the part of such persons.</p> <p align="center">ARTICLE VI</p> <p align="center">RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION</p> <p>A.  The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.</p> <p>B.  Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court.  All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.</p> <p>C.  When promulgating a rule, the Interstate Commission shall, at a minimum:</p> <p>1.  Publish the proposed rule’s entire text stating the reason or reasons for that proposed rule;</p> <p>2.  Allow and invite persons to submit written data, facts, opinions, and arguments, which information shall be added to the record and be made publicly available;</p> <p>3.  Provide an opportunity for an informal hearing, if petitioned by 10 or more persons; and</p> <p>4.  Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.</p> <p>D.  Allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission’s principal office is located for judicial review of the rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.  For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.</p> <p>E.  If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.</p> <p>F.  The existing rules governing the operation of the Interstate Compact on Juveniles superceded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created under this compact.</p> <p>G.  Upon determination by the Interstate Commission that an emergency exists, the Interstate Commission may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.</p> <p align="center">ARTICLE VII</p> <p align="center">OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION</p> <p align="center"> BY THE INTERSTATE COMMISSION</p> <p>Sec. A.  Oversight</p> <p>1.  The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.</p> <p>2.  The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent.  The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules.  All courts shall take judicial notice of the compact and the rules.  In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.</p> <p>Sec. B.  Dispute Resolution</p> <p>1.  The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.</p> <p>2.  The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states.  The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.</p> <p>3.  The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article X of this compact.</p> <p align="center">ARTICLE VIII</p> <p align="center">FINANCE</p> <p>A.  The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.</p> <p>B.  The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year.  The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state.  The Interstate Commission shall promulgate a rule binding upon all compacting states that governs said assessment.</p> <p>C.  The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.</p> <p>D.  The Interstate Commission shall keep accurate accounts of all receipts and disbursements.  The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws.  However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.</p> <p align="center">ARTICLE IX</p> <p align="center">COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT</p> <p>A.  Any state, as defined in Article II of this compact, is eligible to become a compacting state.</p> <p>B.  The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states.  The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction.  Thereafter, the compact shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state.  The governors of noncompacting states or their designees shall be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states.</p> <p>C.  The Interstate Commission may propose amendments to the compact for enactment by the compacting states.  No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.</p> <p align="center">ARTICLE X</p> <p align="center">WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT</p> <p>Sec. A. Withdrawal</p> <p>1.  Once effective, the compact shall continue in force and remain binding upon each and every compacting state, provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.</p> <p>2.  The effective date of withdrawal is the effective date of the repeal.</p> <p>3.  The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.  The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.</p> <p>4.  The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.</p> <p>5.  Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.</p> <p>Sec. B.  Technical Assistance, Fines, Suspension, Termination, and Default</p> <p>1.  If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:</p> <p>a.  Remedial training and technical assistance as directed by the Interstate Commission;</p> <p>b.  Alternative dispute resolution;</p> <p>c.  Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and</p> <p>d.  Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or the chief judicial officer of the state, and the majority and minority leaders of the defaulting state’s legislature. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws or duly promulgated rules, and any other grounds designated in commission bylaws and rules.  The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default.  The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default.  If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination.</p> <p>2.  Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the governor, the chief justice or chief judicial officer of the state, and the majority and minority leaders of the defaulting state’s legislature of such termination.</p> <p>3.  The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.</p> <p>4.  The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.</p> <p>5.  Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.</p> <p>Sec. C.  Judicial Enforcement</p> <p>The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default.  In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.</p> <p>Sec. D.  Dissolution of Compact</p> <p>1.  The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.</p> <p>2.  Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.</p> <p align="center">ARTICLE XI</p> <p align="center">SEVERABILITY AND CONSTRUCTION</p> <p>A.  The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.</p> <p>B.  The provisions of this compact shall be liberally construed to effectuate its purposes.</p> <p align="center">ARTICLE XII</p> <p align="center">BINDING EFFECT OF COMPACT AND OTHER LAWS</p> <p>Sec. A.  Other Laws</p> <p>1.  Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.</p> <p>2.  All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.</p> <p>Sec. B.  Binding Effect of the Compact</p> <p>1.  All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.</p> <p>2.  All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.</p> <p>3.  Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.</p> <p>4.  In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.</p> <p>Added by Acts 2005, 79th Leg., Ch. 1007, Sec. 1.01, eff. September 1, 2005.</p> <p>Sec. 60.011.  EFFECT OF TEXAS LAWS. If the laws of this state conflict with the compact, the compact controls, except that in the event of a conflict between the compact and the Texas Constitution, as determined by the courts of this state, the Texas Constitution controls.</p> <p>Added by Acts 2005, 79th Leg., Ch. 1007, Sec. 2.02.</p> <p>Sec. 60.012.  LIABILITIES FOR CERTAIN COMMISSION AGENTS. The compact administrator and each member, officer, executive director, employee, or agent of the commission acting within the scope of the person’s employment or duties is, for the purpose of acts or omissions occurring within this state, entitled to the same protections under Chapter 104, Civil Practice and Remedies Code, as an employee, a member of the governing board, or any other officer of a state agency, institution, or department.</p> <p>Added by Acts 2005, 79th Leg., Ch. 1007, Sec. 2.02.</p> <p>__________________</p> <p>Houston Board Certified Juvenile Lawyer Jim Sullivan can represent your child. If you need a serious Harris County Juvenile Lawyer, call Jim Sullivan at <strong>281-546-6428</strong>.</p> ]]></content:encoded> </item> <item> <title>Texas Juvenile Justice Code – Chapter 59. Progressive Sanctions Model</title> <link>https://www.houstoncriminaltriallawyer.net/texas-juvenile-justice-code-chapter-59-progressive-sanctions-model/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Tue, 03 Jan 2012 02:26:32 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Felony]]></category> <category><![CDATA[Juvenile court]]></category> <category><![CDATA[Misdemeanor]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6266</guid> <description><![CDATA[TEXAS FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CHAPTER 59. PROGRESSIVE SANCTIONS MODEL Sec. 59.001. PURPOSES. The purposes of the progressive sanctions model are to: (1) ensure that juvenile offenders face uniform and consistent consequences and punishments that correspond to the seriousness of each offender’s current offense, prior delinquent history, special treatment or training needs, and effectiveness of […]]]></description> <content:encoded><![CDATA[<p align="center"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14012" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png" alt="" width="300" height="223" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center.png 450w" sizes="(max-width: 300px) 100vw, 300px" /></a>TEXAS FAMILY CODE</p> <p align="center">TITLE 3. JUVENILE JUSTICE CODE</p> <p style="text-align: center;">CHAPTER 59. PROGRESSIVE SANCTIONS MODEL</p> <p>Sec. 59.001. PURPOSES. The purposes of the progressive sanctions model are to:</p> <p>(1) ensure that juvenile offenders face uniform and consistent consequences and punishments that correspond to the seriousness of each offender’s current offense, prior delinquent history, special treatment or training needs, and effectiveness of prior interventions;</p> <p>(2) balance public protection and rehabilitation while holding juvenile offenders accountable;</p> <p>(3) permit flexibility in the decisions made in relation to the juvenile offender to the extent allowed by law;</p> <p>(4) consider the juvenile offender’s circumstances;</p> <p>(5) recognize that departure of a disposition from this model is not necessarily undesirable and in some cases is highly desirable; and</p> <p>(6) improve juvenile justice planning and resource allocation by ensuring uniform and consistent reporting of disposition decisions at all levels.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 2003, 78th Leg., ch. 479, Sec. 3, eff. Sept. 1, 2003.</p> <p>Sec. 59.002. SANCTION LEVEL ASSIGNMENT BY PROBATION DEPARTMENT. (a) The probation department may assign a sanction level of one to a child referred to the probation department under Section 53.012.</p> <p>(b) The probation department may assign a sanction level of two to a child for whom deferred prosecution is authorized under Section 53.03.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 59.003. SANCTION LEVEL ASSIGNMENT MODEL. (a) Subject to Subsection (e), after a child’s first commission of delinquent conduct or conduct indicating a need for supervision, the probation department or prosecuting attorney may, or the juvenile court may, in a disposition hearing under Section 54.04 or a modification hearing under Section 54.05, assign a child one of the following sanction levels according to the child’s conduct:</p> <p>(1) for conduct indicating a need for supervision, other than conduct described in Section 51.03(b)(4) or (5) or a Class A or B misdemeanor, the sanction level is one;</p> <p>(2) for conduct indicating a need for supervision under Section 51.03(b)(4) or (5) or a Class A or B misdemeanor, other than a misdemeanor involving the use or possession of a firearm, or for delinquent conduct under Section 51.03(a)(2), the sanction level is two;</p> <p>(3) for a misdemeanor involving the use or possession of a firearm or for a state jail felony or a felony of the third degree, the sanction level is three;</p> <p>(4) for a felony of the second degree, the sanction level is four;</p> <p>(5) for a felony of the first degree, other than a felony involving the use of a deadly weapon or causing serious bodily injury, the sanction level is five;</p> <p>(6) for a felony of the first degree involving the use of a deadly weapon or causing serious bodily injury, for an aggravated controlled substance felony, or for a capital felony, the sanction level is six; or</p> <p>(7) for a felony of the first degree involving the use of a deadly weapon or causing serious bodily injury, for an aggravated controlled substance felony, or for a capital felony, if the petition has been approved by a grand jury under Section 53.045, or if a petition to transfer the child to criminal court has been filed under Section 54.02, the sanction level is seven.</p> <p>(b) Subject to Subsection (e), if the child subsequently is found to have engaged in delinquent conduct in an adjudication hearing under Section 54.03 or a hearing to modify a disposition under Section 54.05 on two separate occasions and each involves a violation of a penal law of a classification that is less than the classification of the child’s previous conduct, the juvenile court may assign the child a sanction level that is one level higher than the previously assigned sanction level, unless the child’s previously assigned sanction level is six.</p> <p>(c) Subject to Subsection (e), if the child’s subsequent commission of delinquent conduct or conduct indicating a need for supervision involves a violation of a penal law of a classification that is the same as or greater than the classification of the child’s previous conduct, the juvenile court may assign the child a sanction level authorized by law that is one level higher than the previously assigned sanction level.</p> <p>(d) Subject to Subsection (e), if the child’s previously assigned sanction level is four or five and the child’s subsequent commission of delinquent conduct is of the grade of felony, the juvenile court may assign the child a sanction level that is one level higher than the previously assigned sanction level.</p> <p>(e) The probation department may, in accordance with Section 54.05, request the extension of a period of probation specified under sanction levels one through five if the circumstances of the child warrant the extension.</p> <p>(f) Before the court assigns the child a sanction level that involves the revocation of the child’s probation and the commitment of the child to the Texas Youth Commission, the court shall hold a hearing to modify the disposition as required by Section 54.05.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 19, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 22, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 20, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 42, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 479, Sec. 4, 5, eff. Sept. 1, 2003.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 28, eff. September 1, 2007.</p> <p>Sec. 59.004. SANCTION LEVEL ONE. (a) For a child at sanction level one, the juvenile court or probation department may:</p> <p>(1) require counseling for the child regarding the child’s conduct;</p> <p>(2) inform the child of the progressive sanctions that may be imposed on the child if the child continues to engage in delinquent conduct or conduct indicating a need for supervision;</p> <p>(3) inform the child’s parents or guardians of the parents’ or guardians’ responsibility to impose reasonable restrictions on the child to prevent the conduct from recurring;</p> <p>(4) provide information or other assistance to the child or the child’s parents or guardians in securing needed social services;</p> <p>(5) require the child or the child’s parents or guardians to participate in a program for services under Section 264.302, if a program under Section 264.302 is available to the child or the child’s parents or guardians;</p> <p>(6) refer the child to a community-based citizen intervention program approved by the juvenile court; and</p> <p>(7) release the child to the child’s parents or guardians.</p> <p>(b) The probation department shall discharge the child from the custody of the probation department after the provisions of this section are met.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 23, eff. Sept. 1, 1997.</p> <p>Sec. 59.005. SANCTION LEVEL TWO. (a) For a child at sanction level two, the juvenile court, the prosecuting attorney, or the probation department may, as provided by Section 53.03:</p> <p>(1) place the child on deferred prosecution for not less than three months or more than six months;</p> <p>(2) require the child to make restitution to the victim of the child’s conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child’s ability;</p> <p>(3) require the child’s parents or guardians to identify restrictions the parents or guardians will impose on the child’s activities and requirements the parents or guardians will set for the child’s behavior;</p> <p>(4) provide the information required under Sections 59.004(a)(2) and (4);</p> <p>(5) require the child or the child’s parents or guardians to participate in a program for services under Section 264.302, if a program under Section 264.302 is available to the child or the child’s parents or guardians;</p> <p>(6) refer the child to a community-based citizen intervention program approved by the juvenile court; and</p> <p>(7) if appropriate, impose additional conditions of probation.</p> <p>(b) The juvenile court or the probation department shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child’s 18th birthday, whichever is earlier.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 24, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 21, eff. Sept. 1, 1999.</p> <p>Sec. 59.006. SANCTION LEVEL THREE. (a) For a child at sanction level three, the juvenile court may:</p> <p>(1) place the child on probation for not less than six months;</p> <p>(2) require the child to make restitution to the victim of the child’s conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child’s ability;</p> <p>(3) impose specific restrictions on the child’s activities and requirements for the child’s behavior as conditions of probation;</p> <p>(4) require a probation officer to closely monitor the child’s activities and behavior;</p> <p>(5) require the child or the child’s parents or guardians to participate in programs or services designated by the court or probation officer; and</p> <p>(6) if appropriate, impose additional conditions of probation.</p> <p>(b) The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child’s 18th birthday, whichever is earlier.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 25, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 479, Sec. 6, eff. Sept. 1, 2003.</p> <p>Sec. 59.007. SANCTION LEVEL FOUR. (a) For a child at sanction level four, the juvenile court may:</p> <p>(1) require the child to participate as a condition of probation for not less than three months or more than 12 months in an intensive services probation program that emphasizes frequent contact and reporting with a probation officer, discipline, intensive supervision services, social responsibility, and productive work;</p> <p>(2) after release from the program described by Subdivision (1), continue the child on probation supervision;</p> <p>(3) require the child to make restitution to the victim of the child’s conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child’s ability;</p> <p>(4) impose highly structured restrictions on the child’s activities and requirements for behavior of the child as conditions of probation;</p> <p>(5) require a probation officer to closely monitor the child;</p> <p>(6) require the child or the child’s parents or guardians to participate in programs or services designed to address their particular needs and circumstances; and</p> <p>(7) if appropriate, impose additional sanctions.</p> <p>(b) The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child’s 18th birthday, whichever is earlier.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 26, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 43, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 479, Sec. 7, eff. Sept. 1, 2003.</p> <p>Sec. 59.008. SANCTION LEVEL FIVE. (a) For a child at sanction level five, the juvenile court may:</p> <p>(1) as a condition of probation, place the child for not less than six months or more than 12 months in a post-adjudication secure correctional facility;</p> <p>(2) after release from the program described by Subdivision (1), continue the child on probation supervision;</p> <p>(3) require the child to make restitution to the victim of the child’s conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child’s ability;</p> <p>(4) impose highly structured restrictions on the child’s activities and requirements for behavior of the child as conditions of probation;</p> <p>(5) require a probation officer to closely monitor the child;</p> <p>(6) require the child or the child’s parents or guardians to participate in programs or services designed to address their particular needs and circumstances; and</p> <p>(7) if appropriate, impose additional sanctions.</p> <p>(b) The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child’s 18th birthday, whichever is earlier.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 27, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 479, Sec. 8, eff. Sept. 1, 2003.</p> <p>Sec. 59.009. SANCTION LEVEL SIX. (a) For a child at sanction level six, the juvenile court may commit the child to the custody of the Texas Youth Commission. The commission may:</p> <p>(1) require the child to participate in a highly structured residential program that emphasizes discipline, accountability, fitness, training, and productive work for not less than nine months or more than 24 months unless the commission extends the period and the reason for an extension is documented;</p> <p>(2) require the child to make restitution to the victim of the child’s conduct or perform community service restitution appropriate to the nature and degree of the harm caused and according to the child’s ability, if there is a victim of the child’s conduct;</p> <p>(3) require the child and the child’s parents or guardians to participate in programs and services for their particular needs and circumstances; and</p> <p>(4) if appropriate, impose additional sanctions.</p> <p>(b) On release of the child under supervision, the Texas Youth Commission parole programs may:</p> <p>(1) impose highly structured restrictions on the child’s activities and requirements for behavior of the child as conditions of release under supervision;</p> <p>(2) require a parole officer to closely monitor the child for not less than six months; and</p> <p>(3) if appropriate, impose any other conditions of supervision.</p> <p>(c) The Texas Youth Commission may discharge the child from the commission’s custody on the date the provisions of this section are met or on the child’s 19th birthday, whichever is earlier.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 28, eff. Sept. 1, 1997.</p> <p>Sec. 59.010. SANCTION LEVEL SEVEN. (a) For a child at sanction level seven, the juvenile court may certify and transfer the child under Section 54.02 or sentence the child to commitment to the Texas Youth Commission under Section 54.04(d)(3), 54.04(m), or 54.05(f). The commission may:</p> <p>(1) require the child to participate in a highly structured residential program that emphasizes discipline, accountability, fitness, training, and productive work for not less than 12 months or more than 10 years unless the commission extends the period and the reason for the extension is documented;</p> <p>(2) require the child to make restitution to the victim of the child’s conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child’s ability, if there is a victim of the child’s conduct;</p> <p>(3) require the child and the child’s parents or guardians to participate in programs and services for their particular needs and circumstances; and</p> <p>(4) impose any other appropriate sanction.</p> <p>(b) On release of the child under supervision, the Texas Youth Commission parole programs may:</p> <p>(1) impose highly structured restrictions on the child’s activities and requirements for behavior of the child as conditions of release under supervision;</p> <p>(2) require a parole officer to monitor the child closely for not less than 12 months; and</p> <p>(3) impose any other appropriate condition of supervision.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 29, eff. Sept. 1, 1997.</p> <p>Sec. 59.011. DUTY OF JUVENILE BOARD. A juvenile board shall require the juvenile probation department to report progressive sanction data electronically to the Texas Juvenile Probation Commission in the format and time frames specified by the commission.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 44, eff. Sept. 1, 2001.</p> <p>Sec. 59.012. REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL. (a) The Criminal Justice Policy Council shall analyze trends related to juvenile referrals and the impact of reforms on recidivism rates using standard scientific sampling or appropriate scientific methodologies to represent statewide patterns. The council shall compile other policy studies as determined by the executive director of the council or as requested by the governor, lieutenant governor, or speaker of the house of representatives to assist in policy development.</p> <p>(b) The Criminal Justice Policy Council shall report its findings and related recommendations to improve juvenile justice policies to the governor and the members of the legislature on or before January 15 of each odd-numbered year.</p> <p>(c) The Criminal Justice Policy Council may incorporate its findings and recommendations under this section into its report required under Section 413.013, Government Code.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 45, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 479, Sec. 9, eff. Sept. 1, 2003.</p> <p>Sec. 59.013. LIABILITY. The Texas Youth Commission, a juvenile board, a court, a person appointed by a court, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inability to provide a service listed under Sections 59.004-59.010.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 59.014. APPEAL. A child may not bring an appeal or a postconviction writ of habeas corpus based on:</p> <p>(1) the failure or inability of any person to provide a service listed under Sections 59.004-59.010;</p> <p>(2) the failure of a court or of any person to make a sanction level assignment as provided in Section 59.002 or 59.003;</p> <p>(3) a departure from the sanction level assignment model provided by this chapter; or</p> <p>(4) the failure of a juvenile court or probation department to report a departure from the model.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1999, 76th Leg., ch. 1011, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 22, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 479, Sec. 10, eff. Sept. 1, 2003.</p> <p>Sec. 59.015. WAIVER OF SANCTIONS ON PARENTS OR GUARDIANS. On a finding by the juvenile court or probation department that a child’s parents or guardians have made a reasonable good faith effort to prevent the child from engaging in delinquent conduct or engaging in conduct indicating a need for supervision and that, despite the parents’ or guardians’ efforts, the child continues to engage in such conduct, the court or probation department shall waive any sanction that may be imposed on the parents or guardians at any sanction level.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>__________________</p> <p>Houston Board Certified Juvenile Lawyer Jim Sullivan can represent your child. If you need a serious Harris County Juvenile Lawyer, call Jim Sullivan at <strong>281-546-6428</strong>.</p> ]]></content:encoded> </item> <item> <title>Texas Juvenile Justice Code – Chapter 58. Records; Juvenile Justice Information System</title> <link>https://www.houstoncriminaltriallawyer.net/texas-juvenile-justice-code-chapter-58-records-juvenile-justice-information-system/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Tue, 03 Jan 2012 02:19:41 +0000</pubDate> <category><![CDATA[Fort Bend Juvenile Attorney]]></category> <category><![CDATA[Fort Bend Juvenile Defense Attorney]]></category> <category><![CDATA[Fort Bend Juvenile Defense Lawyer]]></category> <category><![CDATA[Fort Bend Juvenile Lawyer]]></category> <category><![CDATA[Sugarland Juvenile Attorney]]></category> <category><![CDATA[Sugarland Juvenile Defense Attorney]]></category> <category><![CDATA[Sugarland Juvenile Defense Lawyer]]></category> <category><![CDATA[Sugarland Juvenile Lawyer]]></category> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Fort Bend County]]></category> <category><![CDATA[Juvenile court]]></category> <category><![CDATA[Sugar Land]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6263</guid> <description><![CDATA[TEXAS FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CHAPTER 58. RECORDS;  JUVENILE JUSTICE INFORMATION SYSTEM SUBCHAPTER A. RECORDS Sec. 58.001.  COLLECTION OF RECORDS OF CHILDREN.  (a)  Law enforcement officers and other juvenile justice personnel shall collect information described by Section 58.104 as a part of the juvenile justice information system created under Subchapter B. (b)  The information is […]]]></description> <content:encoded><![CDATA[<p align="center"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14012" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png" alt="" width="300" height="223" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center.png 450w" sizes="(max-width: 300px) 100vw, 300px" /></a>TEXAS FAMILY CODE</p> <p align="center">TITLE 3. JUVENILE JUSTICE CODE</p> <p align="center">CHAPTER 58. RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM</p> <p align="center">SUBCHAPTER A. RECORDS</p> <p>Sec. 58.001.  COLLECTION OF RECORDS OF CHILDREN. (a) Law enforcement officers and other juvenile justice personnel shall collect information described by Section 58.104 as a part of the juvenile justice information system created under Subchapter B.</p> <p>(b)  The information is available as provided by Subchapter B.</p> <p>(c)  A law enforcement agency shall forward information, including fingerprints, relating to a child who has been taken into custody under Section 52.01 by the agency to the Department of Public Safety for inclusion in the juvenile justice information system created under Subchapter B, but only if the child is referred to juvenile court on or before the 10th day after the date the child is taken into custody under Section 52.01. If the child is not referred to juvenile court within that time, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child unless the child is placed in a first offender program under Section 52.031 or on informal disposition under Section 52.03. The law enforcement agency may not forward any information to the Department of Public Safety relating to the child while the child is in a first offender program under Section 52.031, or during the 90 days following successful completion of the program or while the child is on informal disposition under Section 52.03. Except as provided by Subsection (f), after the date the child completes an informal disposition under Section 52.03 or after the 90th day after the date the child successfully completes a first offender program under Section 52.031, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child.</p> <p>(d)  If information relating to a child is contained in a document that also contains information relating to an adult and a law enforcement agency is required to destroy all information relating to the child under this section, the agency shall alter the document so that the information relating to the child is destroyed and the information relating to the adult is preserved.</p> <p>(e)  The deletion of a computer entry constitutes destruction of the information contained in the entry.</p> <p>(f)  A law enforcement agency may maintain information relating to a child after the 90th day after the date the child successfully completes a first offender program under Section 52.031 only to determine the child’s eligibility to participate in a first offender program.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 16, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 16, eff. Sept. 1, 1999.</p> <p>Sec. 58.002.  PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN. (a) Except as provided by Chapter 63, Code of Criminal Procedure, a child may not be photographed or fingerprinted without the consent of the juvenile court unless the child is taken into custody or referred to the juvenile court for conduct that constitutes a felony or a misdemeanor punishable by confinement in jail.</p> <p>(b)  On or before December 31 of each year, the head of each municipal or county law enforcement agency located in a county shall certify to the juvenile board for that county that the photographs and fingerprints required to be destroyed under Section 58.001 have been destroyed. The juvenile board shall conduct or cause to be conducted an audit of the records of the law enforcement agency to verify the destruction of the photographs and fingerprints and the law enforcement agency shall make its records available for this purpose. If the audit shows that the certification provided by the head of the law enforcement agency is false, that person is subject to prosecution for perjury under Chapter 37, Penal Code.</p> <p>(c)  This section does not prohibit a law enforcement officer from photographing or fingerprinting a child who is not in custody if the child’s parent or guardian voluntarily consents in writing to the photographing or fingerprinting of the child.</p> <p>(d)  This section does not apply to fingerprints that are required or authorized to be submitted or obtained for an application for a driver’s license or personal identification card.</p> <p>(e)  This section does not prohibit a law enforcement officer from fingerprinting or photographing a child as provided by Section 58.0021.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 17, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1477, Sec. 17, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 34, eff. Sept. 1, 2001.</p> <p>Sec. 58.0021.  FINGERPRINTS OR PHOTOGRAPHS FOR COMPARISON IN INVESTIGATION. (a) A law enforcement officer may take temporary custody of a child to take the child’s fingerprints if:</p> <p>(1)  the officer has probable cause to believe that the child has engaged in delinquent conduct;</p> <p>(2)  the officer has investigated that conduct and has found other fingerprints during the investigation; and</p> <p>(3)  the officer has probable cause to believe that the child’s fingerprints will match the other fingerprints.</p> <p>(b)  A law enforcement officer may take temporary custody of a child to take the child’s photograph if:</p> <p>(1)  the officer has probable cause to believe that the child has engaged in delinquent conduct; and</p> <p>(2)  the officer has probable cause to believe that the child’s photograph will be of material assistance in the investigation of that conduct.</p> <p>(c)  Temporary custody for the purpose described by Subsection (a) or (b):</p> <p>(1)  is not a taking into custody under Section 52.01; and</p> <p>(2)  may not be reported to the juvenile justice information system under Subchapter B.</p> <p>(d)  If a law enforcement officer does not take the child into custody under Section 52.01, the child shall be released from temporary custody authorized under this section as soon as the fingerprints or photographs are obtained.</p> <p>(e)  A law enforcement officer who under this section obtains fingerprints or photographs from a child shall:</p> <p>(1)  immediately destroy them if they do not lead to a positive comparison or identification; and</p> <p>(2)  make a reasonable effort to notify the child’s parent, guardian, or custodian of the action taken.</p> <p>(f)  A law enforcement officer may under this section obtain fingerprints or photographs from a child at:</p> <p>(1)  a juvenile processing office; or</p> <p>(2)  a location that affords reasonable privacy to the child.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 35, eff. Sept. 1, 2001.</p> <p>Sec. 58.0022.  FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY RUNAWAYS. A law enforcement officer who takes a child into custody with probable cause to believe that the child has engaged in conduct indicating a need for supervision as described by Section 51.03(b)(3) and who after reasonable effort is unable to determine the identity of the child, may fingerprint or photograph the child to establish the child’s identity. On determination of the child’s identity or that the child cannot be identified by the fingerprints or photographs, the law enforcement officer shall immediately destroy all copies of the fingerprint records or photographs of the child.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 36, eff. Sept. 1, 2001.</p> <p>Sec. 58.003.  SEALING OF RECORDS. (a) Except as provided by Subsections (b) and (c), on the application of a person who has been found to have engaged in delinquent conduct or conduct indicating a need for supervision, or a person taken into custody to determine whether the person engaged in delinquent conduct or conduct indicating a need for supervision, on the juvenile court’s own motion the court shall order the sealing of the records in the case if the court finds that:</p> <p>(1)  two years have elapsed since final discharge of the person or since the last official action in the person’s case if there was no adjudication; and</p> <p>(2)  since the time specified in Subdivision (1), the person has not been convicted of a felony or a misdemeanor involving moral turpitude or found to have engaged in delinquent conduct or conduct indicating a need for supervision and no proceeding is pending seeking conviction or adjudication.</p> <p>(b)  A court may not order the sealing of the records of a person who has received a determinate sentence for engaging in delinquent conduct that violated a penal law listed in Section 53.045 or engaging in habitual felony conduct as described by Section 51.031.</p> <p>(c)  Subject to Subsection (b), a court may order the sealing of records concerning a person adjudicated as having engaged in delinquent conduct that violated a penal law of the grade of felony only if:</p> <p>(1)  the person is 21 years of age or older;</p> <p>(2)  the person was not transferred by a juvenile court under Section 54.02 to a criminal court for prosecution;</p> <p>(3)  the records have not been used as evidence in the punishment phase of a criminal proceeding under Section 3(a), Article 37.07, Code of Criminal Procedure; and</p> <p>(4)  the person has not been convicted of a penal law of the grade of felony after becoming age 17.</p> <p>(c-1)  Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court may order the sealing of records concerning a child adjudicated as having engaged in delinquent conduct or conduct indicating a need for supervision that violated a penal law of the grade of misdemeanor or felony if the child successfully completed a drug court program under Chapter 469, Health and Safety Code.  The court may:</p> <p>(1)  order the sealing of the records immediately and without a hearing; or</p> <p>(2)  hold a hearing to determine whether to seal the records.</p> <p>(c-2)  If the court orders the sealing of a child’s records under Subsection (c-1), a prosecuting attorney or juvenile probation department may maintain until the child’s 17th birthday a separate record of the child’s name and date of birth and the date the child successfully completed the drug court program.  The prosecuting attorney or juvenile probation department, as applicable, shall send the record to the court as soon as practicable after the child’s 17th birthday to be added to the child’s other sealed records.</p> <p>(d)  The court may grant the relief authorized in Subsection (a) or (c-1) at any time after final discharge of the person or after the last official action in the case if there was no adjudication, subject to Subsection (e).  If the child is referred to the juvenile court for conduct constituting any offense and at the adjudication hearing the child is found to be not guilty of each offense alleged, the court shall immediately and without any additional hearing order the sealing of all files and records relating to the case.</p> <p>(e)  The court shall hold a hearing before sealing a person’s records under Subsection (a) or (c) unless the applicant waives the right to a hearing in writing and the court and the prosecuting attorney for the juvenile court consent.  Reasonable notice of the hearing shall be given to:</p> <p>(1)  the person who made the application or who is the subject of the records named in the motion;</p> <p>(2)  the prosecuting attorney for the juvenile court;</p> <p>(3)  the authority granting the discharge if the final discharge was from an institution or from parole;</p> <p>(4)  the public or private agency or institution having custody of records named in the application or motion; and</p> <p>(5)  the law enforcement agency having custody of files or records named in the application or motion.</p> <p>(f)  A copy of the sealing order shall be sent to each agency or official named in the order.</p> <p>(g)  On entry of the order:</p> <p>(1)  all law enforcement, prosecuting attorney, clerk of court, and juvenile court records ordered sealed shall be sent before the 61st day after the date the order is received to the court issuing the order;</p> <p>(2)  all records of a public or private agency or institution ordered sealed shall be sent before the 61st day after the date the order is received to the court issuing the order;</p> <p>(3)  all index references to the records ordered sealed shall be deleted before the 61st day after the date the order is received, and verification of the deletion shall be sent before the 61st day after the date of the deletion to the court issuing the order;</p> <p>(4)  the juvenile court, clerk of court, prosecuting attorney, public or private agency or institution, and law enforcement officers and agencies shall properly reply that no record exists with respect to the person on inquiry in any matter; and</p> <p>(5)  the adjudication shall be vacated and the proceeding dismissed and treated for all purposes other than a subsequent capital prosecution, including the purpose of showing a prior finding of delinquent conduct, as if it had never occurred.</p> <p>(g-1)  Any records collected or maintained by the Texas Juvenile Probation Commission, including statistical data submitted under Section 141.044, Human Resources Code, are not subject to a sealing order issued under this section.</p> <p>(h)  Inspection of the sealed records may be permitted by an order of the juvenile court on the petition of the person who is the subject of the records and only by those persons named in the order.</p> <p>(i)  On the final discharge of a child or on the last official action in the case if there is no adjudication, the child shall be given a written explanation of the child’s rights under this section and a copy of the provisions of this section.</p> <p>(j)  A person whose records have been sealed under this section is not required in any proceeding or in any application for employment, information, or licensing to state that the person has been the subject of a proceeding under this title and any statement that the person has never been found to be a delinquent child shall never be held against the person in any criminal or civil proceeding.</p> <p>(k)  A prosecuting attorney may, on application to the juvenile court, reopen at any time the files and records of a person adjudicated as having engaged in delinquent conduct that violated a penal law of the grade of felony sealed by the court under this section for the purposes of Sections 12.42(a)-(c) and (e), Penal Code.</p> <p>(l)  On the motion of a person in whose name records are kept or on the court’s own motion, the court may order the destruction of records that have been sealed under this section if:</p> <p>(1)  the records relate to conduct that did not violate a penal law of the grade of felony or a misdemeanor punishable by confinement in jail;</p> <p>(2)  five years have elapsed since the person’s 16th birthday; and</p> <p>(3)  the person has not been convicted of a felony.</p> <p>(m)  On request of the Department of Public Safety, a juvenile court shall reopen and allow the department to inspect the files and records of the juvenile court relating to an applicant for a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.</p> <p>(n)  A record created or maintained under Chapter 62, Code of Criminal Procedure, may not be sealed under this section if the person who is the subject of the record has a continuing obligation to register under that chapter.</p> <p>(o)  An agency or official named in the order that cannot seal the records because the information required in the order under Subsection (p) is incorrect or insufficient shall notify the court issuing the order before the 61st day after the date the agency or official receives the order.  The court shall notify the person who made the application or who is the subject of the records named in the motion, or the attorney for that person, before the 61st day after the date the court receives the notice that the agency or official cannot seal the records because there is incorrect or insufficient information in the order.</p> <p>(p)  A person who is eligible to seal records may file an application for the sealing of records in a juvenile court of the county in which the proceedings occurred.  The application and sealing order entered on the application must include the following information or an explanation for why one or more of the following is not included:</p> <p>(1)  the applicant’s:</p> <p>(A)  full name;</p> <p>(B)  sex;</p> <p>(C)  race or ethnicity;</p> <p>(D)  date of birth;</p> <p>(E)  driver’s license or identification card number; and</p> <p>(F)  social security number;</p> <p>(2)  the offense charged against the applicant or for which the applicant was referred to the juvenile justice system;</p> <p>(3)  the date on which and the county where the offense was alleged to have been committed; and</p> <p>(4)  if a petition was filed in the juvenile court, the cause number assigned to the petition and the court and county in which the petition was filed.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.05(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 18, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(20), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 283, Sec. 26, eff. Sept. 1, 2003.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 949, Sec. 16, eff. September 1, 2005.</p> <p>Acts 2009, 81st Leg., R.S., Ch. 189, Sec. 1, eff. September 1, 2009.</p> <p>Sec. 58.005.  CONFIDENTIALITY OF RECORDS. (a) Records and files concerning a child, including personally identifiable information, and information obtained for the purpose of diagnosis, examination, evaluation, or treatment or for making a referral for treatment of a child by a public or private agency or institution providing supervision of a child by arrangement of the juvenile court or having custody of the child under order of the juvenile court may be disclosed only to:</p> <p>(1)  the professional staff or consultants of the agency or institution;</p> <p>(2)  the judge, probation officers, and professional staff or consultants of the juvenile court;</p> <p>(3)  an attorney for the child;</p> <p>(4)  a governmental agency if the disclosure is required or authorized by law;</p> <p>(5)  a person or entity to whom the child is referred for treatment or services if the agency or institution disclosing the information has entered into a written confidentiality agreement with the person or entity regarding the protection of the disclosed information;</p> <p>(6)  the Texas Department of Criminal Justice and the Texas Juvenile Probation Commission for the purpose of maintaining statistical records of recidivism and for diagnosis and classification; or</p> <p>(7)  with leave of the juvenile court, any other person, agency, or institution having a legitimate interest in the proceeding or in the work of the court.</p> <p>(b)  This section does not apply to information collected under Section 58.104 or under Subchapter D-1.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 2003, 78th Leg., ch. 283, Sec. 27, eff. Sept. 1, 2003.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 26(a), eff. September 1, 2007.</p> <p>Sec. 58.0051.  INTERAGENCY SHARING OF RECORDS. (a) Within each county, a district school superintendent and the juvenile probation department may enter into a written interagency agreement to share information about juvenile offenders. The agreement must specify the conditions under which summary criminal history information is to be made available to appropriate school personnel and the conditions under which school records are to be made available to appropriate juvenile justice agencies.</p> <p>(b)  Information disclosed under this section by a school district must relate to the juvenile system’s ability to serve, before adjudication, the student whose records are being released.</p> <p>(c)  A juvenile justice agency official who receives educational information under this section shall certify in writing that the institution or individual receiving the personally identifiable information has agreed not to disclose it to a third party, other than another juvenile justice agency.</p> <p>(d)  A juvenile justice agency that receives educational information under this section shall destroy all information when the child is no longer under the jurisdiction of a juvenile court.</p> <p>(e)  The Texas Juvenile Probation Commission may, in conformity with Section 58.0072 of this code and Section 37.084, Education Code, enter into an interagency agreement to share educational information for research, audit, and analytical purposes with the:</p> <p>(1)  Texas Education Agency;</p> <p>(2)  Texas Youth Commission; and</p> <p>(3)  Texas Department of Criminal Justice.</p> <p>Added by Acts 1999, 76th Leg., ch. 217, Sec. 1, eff. May 24, 1999.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 16, eff. September 1, 2007.</p> <p>Sec. 58.006.  DESTRUCTION OF CERTAIN RECORDS. The court shall order the destruction of the records relating to the conduct for which a child is taken into custody, including records contained in the juvenile justice information system, if:</p> <p>(1)  a determination that no probable cause exists to believe the child engaged in the conduct is made under Section 53.01 and the case is not referred to a prosecutor for review under Section 53.012; or</p> <p>(2)  a determination that no probable cause exists to believe the child engaged in the conduct is made by a prosecutor under Section 53.012.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 58.007.  PHYSICAL RECORDS OR FILES. (a) This section applies only to the inspection and maintenance of a physical record or file concerning a child and the storage of information, by electronic means or otherwise, concerning the child from which a physical record or file could be generated and does not affect the collection, dissemination, or maintenance of information as provided by Subchapter B.  This section does not apply to a record or file relating to a child that is:</p> <p>(1)  required or authorized to be maintained under the laws regulating the operation of motor vehicles in this state;</p> <p>(2)  maintained by a municipal or justice court; or</p> <p>(3)  subject to disclosure under Chapter 62, Code of Criminal Procedure.</p> <p>(b)  Except as provided by Article 15.27, Code of Criminal Procedure, the records and files of a juvenile court, a clerk of court, a juvenile probation department, or a prosecuting attorney relating to a child who is a party to a proceeding under this title are open to inspection only by:</p> <p>(1)  the judge, probation officers, and professional staff or consultants of the juvenile court;</p> <p>(2)  a juvenile justice agency as that term is defined by Section 58.101;</p> <p>(3)  an attorney for a party to the proceeding;</p> <p>(4)  a public or private agency or institution providing supervision of the child by arrangement of the juvenile court, or having custody of the child under juvenile court order; or</p> <p>(5)  with leave of the juvenile court, any other person, agency, or institution having a legitimate interest in the proceeding or in the work of the court.</p> <p>(c)  Except as provided by Subsection (d), law enforcement records and files concerning a child and information stored, by electronic means or otherwise, concerning the child from which a record or file could be generated may not be disclosed to the public and shall be:</p> <p>(1)  if maintained on paper or microfilm, kept separate from adult files and records;</p> <p>(2)  if maintained electronically in the same computer system as records or files relating to adults, be accessible under controls that are separate and distinct from controls to access electronic data concerning adults;  and</p> <p>(3)  maintained on a local basis only and not sent to a central state or federal depository, except as provided by Subchapters B, D, and E.</p> <p>(d)  The law enforcement files and records of a person who is transferred from the Texas Youth Commission to the Texas Department of Criminal Justice may be transferred to a central state or federal depository for adult records on or after the date of transfer.</p> <p>(e)  Law enforcement records and files concerning a child may be inspected or copied by a juvenile justice agency as that term is defined by Section 58.101, a criminal justice agency as that term is defined by Section 411.082, Government Code, the child, and the child’s parent or guardian.</p> <p>(f)  If a child has been reported missing by a parent, guardian, or conservator of that child, information about the child may be forwarded to and disseminated by the Texas Crime Information Center and the National Crime Information Center.</p> <p>(g)  For the purpose of offering a record as evidence in the punishment phase of a criminal proceeding, a prosecuting attorney may obtain the record of a defendant’s adjudication that is admissible under Section 3(a), Article 37.07, Code of Criminal Procedure, by submitting a request for the record to the juvenile court that made the adjudication. If a court receives a request from a prosecuting attorney under this subsection, the court shall, if the court possesses the requested record of adjudication, certify and provide the prosecuting attorney with a copy of the record.</p> <p>(h)  The juvenile court may disseminate to the public the following information relating to a child who is the subject of a directive to apprehend or a warrant of arrest and who cannot be located for the purpose of apprehension:</p> <p>(1)  the child’s name, including other names by which the child is known;</p> <p>(2)  the child’s physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos;</p> <p>(3)  a photograph of the child; and</p> <p>(4)  a description of the conduct the child is alleged to have committed, including the level and degree of the alleged offense.</p> <p>(i)  In addition to the authority to release information under Subsection (b)(5), a juvenile probation department may release information contained in its records without leave of the juvenile court pursuant to guidelines adopted by the juvenile board.</p> <p>(j)  Before a child or a child’s parent or guardian may inspect or copy a record or file concerning the child under Subsection (e), the custodian of the record or file shall redact:</p> <p>(1)  any personally identifiable information about a juvenile suspect, offender, victim, or witness who is not the child; and</p> <p>(2)  any information that is excepted from required disclosure under Chapter 552, Government Code, or other law.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 19, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 20, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 815, Sec. 1, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1415, Sec. 20, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 18, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 37, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 879, Sec. 1, eff. September 1, 2007.</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 17, eff. September 1, 2007.</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.061, eff. September 1, 2009.</p> <p>Sec. 58.0071.  DESTRUCTION OF CERTAIN PHYSICAL RECORDS AND FILES. (a) In this section:</p> <p>(1)  “Juvenile case” means:</p> <p>(A)  a referral for conduct indicating a need for supervision or delinquent conduct; or</p> <p>(B)  if a petition was filed, all charges made in the petition.</p> <p>(2)  “Physical records and files” include entries in a computer file or information on microfilm, microfiche, or any other electronic storage media.</p> <p>(b)  The custodian of physical records and files in a juvenile case may destroy the records and files if the custodian duplicates the information in the records and files in a computer file or information on microfilm, microfiche, or any other electronic storage media.</p> <p>(c)  The following persons may authorize, subject to Subsections (d) and (e) and any other restriction the person may impose, the destruction of the physical records and files relating to a closed juvenile case:</p> <p>(1)  a juvenile board in relation to the records and files in the possession of the juvenile probation department;</p> <p>(2)  the head of a law enforcement agency in relation to the records and files in the possession of the agency; and</p> <p>(3)  a prosecuting attorney in relation to the records and files in the possession of the prosecuting attorney’s office.</p> <p>(d)  The physical records and files of a juvenile case may only be destroyed if the child who is the respondent in the case:</p> <p>(1)  is at least 18 years of age and:</p> <p>(A)  the most serious allegation adjudicated was conduct indicating a need for supervision;</p> <p>(B)  the most serious allegation was conduct indicating a need for supervision and there was not an adjudication; or</p> <p>(C)  the referral or information did not relate to conduct indicating a need for supervision or delinquent conduct and the juvenile court or the court’s staff did not take action on the referral or information for that reason;</p> <p>(2)  is at least 21 years of age and:</p> <p>(A)  the most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of misdemeanor; or</p> <p>(B)  the most serious allegation was delinquent conduct that violated a penal law of the grade of misdemeanor or felony and there was not an adjudication; or</p> <p>(3)  is at least 31 years of age and the most serious allegation adjudicated was delinquent conduct that violated a penal law of the grade of felony.</p> <p>(e)  If a record or file contains information relating to more than one juvenile case, information relating to each case may only be destroyed if:</p> <p>(1)  the destruction of the information is authorized under this section; and</p> <p>(2)  the information can be separated from information that is not authorized to be destroyed under this section.</p> <p>(f)  This section does not affect the destruction of physical records and files authorized by the Texas State Library Records Retention Schedule.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 38, eff. Sept. 1, 2001.</p> <p>Sec. 58.0072.  DISSEMINATION OF JUVENILE JUSTICE INFORMATION. (a) Except as provided by this section, juvenile justice information collected and maintained by the Texas Juvenile Probation Commission for statistical and research purposes is confidential information for the use of the commission and may not be disseminated by the commission.</p> <p>(b)  Juvenile justice information consists of information of the type described by Section 58.104, including statistical data in any form or medium collected, maintained, or submitted to the Texas Juvenile Probation Commission under Section 141.044, Human Resources Code.</p> <p>(c)  The Texas Juvenile Probation Commission may grant the following entities access to juvenile justice information for research and statistical purposes or for any other purpose approved by the commission:</p> <p>(1)  criminal justice agencies as defined by Section 411.082, Government Code;</p> <p>(2)  the Texas Education Agency, as authorized under Section 37.084, Education Code;</p> <p>(3)  any agency under the authority of the Health and Human Services Commission;  or</p> <p>(4)  a public or private university.</p> <p>(d)  The Texas Juvenile Probation Commission may grant the following entities access to juvenile justice information only for a purpose beneficial to and approved by the commission to:</p> <p>(1)  a person working on a research or statistical project that:</p> <p>(A)  is funded in whole or in part by state or federal funds;  and</p> <p>(B)  meets the requirements of and is approved by the commission;  or</p> <p>(2)  a governmental entity that has a specific agreement with the commission, if the agreement:</p> <p>(A)  specifically authorizes access to information;</p> <p>(B)  limits the use of information to the purposes for which the information is given;</p> <p>(C)  ensures the security and confidentiality of the information;  and</p> <p>(D)  provides for sanctions if a requirement imposed under Paragraph (A), (B), or (C) is violated.</p> <p>(e)  The Texas Juvenile Probation Commission shall grant access to juvenile justice information for legislative purposes under Section 552.008, Government Code.</p> <p>(f)  The Texas Juvenile Probation Commission may not release juvenile justice information in identifiable form, except for information released under Subsection (c)(1), (2), or (3) or under the terms of an agreement entered into under Subsection (d)(2).  For purposes of this subsection, identifiable information means information that contains a juvenile offender’s name or other personal identifiers or that can, by virtue of sample size or other factors, be reasonably interpreted as referring to a particular juvenile offender.</p> <p>(g)  The Texas Juvenile Probation Commission is not required to release or disclose juvenile justice information to any person not identified under this section.</p> <p>Added by Acts 2005, 79th Leg., Ch. 949, Sec. 17, eff. September 1, 2005.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 18, eff. September 1, 2007.</p> <p style="text-align: center;">SUBCHAPTER B. JUVENILE JUSTICE INFORMATION SYSTEM</p> <p>Sec. 58.101.  DEFINITIONS. In this subchapter:</p> <p>(1)  “Criminal justice agency” has the meaning assigned by Section 411.082, Government Code.</p> <p>(2)  “Department” means the Department of Public Safety of the State of Texas.</p> <p>(3)  “Disposition” means an action that results in the termination, transfer of jurisdiction, or indeterminate suspension of the prosecution of a juvenile offender.</p> <p>(4)  “Incident number” means a unique number assigned to a child during a specific custodial or detention period or for a specific referral to the office or official designated by the juvenile board, if the juvenile offender was not taken into custody before the referral.</p> <p>(5)  “Juvenile justice agency” means an agency that has custody or control over juvenile offenders.</p> <p>(6)  “Juvenile offender” means a child who has been assigned an incident number.</p> <p>(7)  “State identification number” means a unique number assigned by the department to a child in the juvenile justice information system.</p> <p>(8)  “Uniform incident fingerprint card” means a multiple-part form containing a unique incident number with space for information relating to the conduct for which a child has been taken into custody, detained, or referred, the child’s fingerprints, and other relevant information.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 39, eff. Sept. 1, 2001.</p> <p>Sec. 58.102.  JUVENILE JUSTICE INFORMATION SYSTEM. (a) The department is responsible for recording data and maintaining a database for a computerized juvenile justice information system that serves:</p> <p>(1)  as the record creation point for the juvenile justice information system maintained by the state; and</p> <p>(2)  as the control terminal for entry of records, in accordance with federal law, rule, and policy, into the federal records system maintained by the Federal Bureau of Investigation.</p> <p>(b)  The department shall develop and maintain the system with the cooperation and advice of the:</p> <p>(1)  Texas Youth Commission;</p> <p>(2)  Texas Juvenile Probation Commission;</p> <p>(3)  Criminal Justice Policy Council; and</p> <p>(4)  juvenile courts and clerks of juvenile courts.</p> <p>(c)  The department may not collect or retain information relating to a juvenile if this chapter prohibits or restricts the collection or retention of the information.</p> <p>(d)  The database must contain the information required by this subchapter.</p> <p>(e)  The department shall designate the offense codes and has the sole responsibility for designating the state identification number for each juvenile whose name appears in the juvenile justice system.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 58.103.  PURPOSE OF SYSTEM. The purpose of the juvenile justice information system is to:</p> <p>(1)  provide agencies and personnel within the juvenile justice system accurate information relating to children who come into contact with the juvenile justice system of this state;</p> <p>(2)  provide, where allowed by law, adult criminal justice agencies accurate and easily accessible information relating to children who come into contact with the juvenile justice system;</p> <p>(3)  provide an efficient conversion, where appropriate, of juvenile records to adult criminal records;</p> <p>(4)  improve the quality of data used to conduct impact analyses of proposed legislative changes in the juvenile justice system; and</p> <p>(5)  improve the ability of interested parties to analyze the functioning of the juvenile justice system.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 58.104.  TYPES OF INFORMATION COLLECTED. (a) Subject to Subsection (f), the juvenile justice information system shall consist of information relating to delinquent conduct committed by a juvenile offender that, if the conduct had been committed by an adult, would constitute a criminal offense other than an offense punishable by a fine only, including information relating to:</p> <p>(1)  the juvenile offender;</p> <p>(2)  the intake or referral of the juvenile offender into the juvenile justice system;</p> <p>(3)  the detention of the juvenile offender;</p> <p>(4)  the prosecution of the juvenile offender;</p> <p>(5)  the disposition of the juvenile offender’s case, including the name and description of any program to which the juvenile offender is referred; and</p> <p>(6)  the probation or commitment of the juvenile offender.</p> <p>(b)  To the extent possible and subject to Subsection (a), the department shall include in the juvenile justice information system the following information for each juvenile offender taken into custody, detained, or referred under this title for delinquent conduct:</p> <p>(1)  the juvenile offender’s name, including other names by which the juvenile offender is known;</p> <p>(2)  the juvenile offender’s date and place of birth;</p> <p>(3)  the juvenile offender’s physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos;</p> <p>(4)  the juvenile offender’s state identification number, and other identifying information, as determined by the department;</p> <p>(5)  the juvenile offender’s fingerprints;</p> <p>(6)  the juvenile offender’s last known residential address, including the census tract number designation for the address;</p> <p>(7)  the name and identifying number of the agency that took into custody or detained the juvenile offender;</p> <p>(8)  the date of detention or custody;</p> <p>(9)  the conduct for which the juvenile offender was taken into custody, detained, or referred, including level and degree of the alleged offense;</p> <p>(10)  the name and identifying number of the juvenile intake agency or juvenile probation office;</p> <p>(11)  each disposition by the juvenile intake agency or juvenile probation office;</p> <p>(12)  the date of disposition by the juvenile intake agency or juvenile probation office;</p> <p>(13)  the name and identifying number of the prosecutor’s office;</p> <p>(14)  each disposition by the prosecutor;</p> <p>(15)  the date of disposition by the prosecutor;</p> <p>(16)  the name and identifying number of the court;</p> <p>(17)  each disposition by the court, including information concerning custody of a juvenile offender by a juvenile justice agency or probation;</p> <p>(18)  the date of disposition by the court;</p> <p>(19)  any commitment or release under supervision by the Texas Youth Commission;</p> <p>(20)  the date of any commitment or release under supervision by the Texas Youth Commission; and</p> <p>(21)  a description of each appellate proceeding.</p> <p>(c)  The department may designate codes relating to the information described by Subsection (b).</p> <p>(d)  The department shall designate a state identification number for each juvenile offender.</p> <p>(e)  This subchapter does not apply to a disposition that represents an administrative status notice of an agency described by Section 58.102(b).</p> <p>(f)  Records maintained by the department in the depository are subject to being sealed under Section 58.003.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 21, eff. Sept. 1, 1997.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 949, Sec. 18, eff. September 1, 2005.<a> </a></p> <p>Sec. 58.105.  DUTIES OF JUVENILE BOARD. Each juvenile board shall provide for:</p> <p>(1)  the compilation and maintenance of records and information needed for reporting information to the department under this subchapter;</p> <p>(2)  the transmittal to the department, in the manner provided by the department, of all records and information required by the department under this subchapter; and</p> <p>(3)  access by the department to inspect records and information to determine the completeness and accuracy of information reported.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 58.106.  CONFIDENTIALITY. (a) Except as otherwise provided by this section, information contained in the juvenile justice information system is confidential information for the use of the department and may not be disseminated by the department except:</p> <p>(1)  with the permission of the juvenile offender, to military personnel of this state or the United States;</p> <p>(2)  to a person or entity to which the department may grant access to adult criminal history records as provided by Section 411.083, Government Code;</p> <p>(3)  to a juvenile justice agency;</p> <p>(4)  to the Texas Youth Commission and the Texas Juvenile Probation Commission for analytical purposes; and</p> <p>(5)  to the office of independent ombudsman of the Texas Youth Commission.</p> <p>(b)  Subsection (a) does not apply to a document maintained by a juvenile justice agency that is the source of information collected by the department.</p> <p>(c)  The department may, if necessary to protect the welfare of the community, disseminate to the public the following information relating to a juvenile who has escaped from the custody of the Texas Youth Commission or from another secure detention or correctional facility:</p> <p>(1)  the juvenile’s name, including other names by which the juvenile is known;</p> <p>(2)  the juvenile’s physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos;</p> <p>(3)  a photograph of the juvenile; and</p> <p>(4)  a description of the conduct for which the juvenile was committed to the Texas Youth Commission or detained in the secure detention or correctional facility, including the level and degree of the alleged offense.</p> <p>(d)  The department may, if necessary to protect the welfare of the community, disseminate to the public the information listed under Subsection (c) relating to a juvenile offender when notified by a law enforcement agency of this state that the law enforcement agency has been issued a directive to apprehend the offender or an arrest warrant for the offender or that the law enforcement agency is otherwise authorized to arrest the offender and that the offender is suspected of having:</p> <p>(1)  committed a felony offense under the following provisions of the Penal Code:</p> <p>(A)  Title 5;</p> <p>(B)  Section 29.02; or</p> <p>(C)  Section 29.03; and</p> <p>(2)  fled from arrest or apprehension for commission of the offense.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 380, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 407, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 19, eff. Sept. 1, 1999.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 263, Sec. 11, eff. June 8, 2007.</p> <p>Sec. 58.107.  COMPATIBILITY OF DATA. Data supplied to the juvenile justice information system must be compatible with the system and must contain both incident numbers and state identification numbers.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 58.108.  DUTIES OF AGENCIES AND COURTS. (a) A juvenile justice agency and a clerk of a juvenile court shall:</p> <p>(1)  compile and maintain records needed for reporting data required by the department;</p> <p>(2)  transmit to the department in the manner provided by the department data required by the department;</p> <p>(3)  give the department or its accredited agents access to the agency or court for the purpose of inspection to determine the completeness and accuracy of data reported; and</p> <p>(4)  cooperate with the department to enable the department to perform its duties under this chapter.</p> <p>(b)  A juvenile justice agency and clerk of a court shall retain documents described by this section.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 58.109.  UNIFORM INCIDENT FINGERPRINT CARD. (a) The department may provide for the use of a uniform incident fingerprint card in the maintenance of the juvenile justice information system.</p> <p>(b)  The department shall design, print, and distribute to each law enforcement agency and juvenile intake agency uniform incident fingerprint cards.</p> <p>(c)  The incident cards must:</p> <p>(1)  be serially numbered with an incident number in a manner that allows each incident of referral of a juvenile offender who is the subject of the incident fingerprint card to be readily ascertained; and</p> <p>(2)  be multiple-part forms that can be transmitted with the juvenile offender through the juvenile justice process and that allow each agency to report required data to the department.</p> <p>(d)  Subject to available telecommunications capacity, the department shall develop the capability to receive by electronic means from a law enforcement agency the information on the uniform incident fingerprint card. The information must be in a form that is compatible to the form required of data supplied to the juvenile justice information system.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Sec. 58.110.  REPORTING. (a) The department by rule shall develop reporting procedures that ensure that the juvenile offender processing data is reported from the time a juvenile offender is initially taken into custody, detained, or referred until the time a juvenile offender is released from the jurisdiction of the juvenile justice system.</p> <p>(b)  The law enforcement agency or the juvenile intake agency that initiates the entry of the juvenile offender into the juvenile justice information system for a specific incident shall prepare a uniform incident fingerprint card and initiate the reporting process for each incident reportable under this subchapter.</p> <p>(c)  The clerk of the court exercising jurisdiction over a juvenile offender’s case shall report the disposition of the case to the department. A clerk of the court who violates this subsection commits an offense. An offense under this subsection is a Class C misdemeanor.</p> <p>(d)  In each county, the reporting agencies may make alternative arrangements for reporting the required information, including combined reporting or electronic reporting, if the alternative reporting is approved by the juvenile board and the department.</p> <p>(e)  Except as otherwise required by applicable state laws or regulations, information required by this chapter to be reported to the department shall be reported promptly.  The information shall be reported not later than the 30th day after the date the information is received by the agency responsible for reporting the information, except that a juvenile offender’s custody or detention without previous custody shall be reported to the department not later than the seventh day after the date of the custody or detention.</p> <p>(f)  Subject to available telecommunications capacity, the department shall develop the capability to receive by electronic means the information required under this section to be reported to the department. The information must be in a form that is compatible to the form required of data to be reported under this section.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 19, eff. September 1, 2007.</p> <p>Sec. 58.111.  LOCAL DATA ADVISORY BOARDS. The commissioners court of each county may create a local data advisory board to perform the same duties relating to the juvenile justice information system as the duties performed by a local data advisory board in relation to the criminal history record system under Article 60.09, Code of Criminal Procedure.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.<a> </a></p> <p>Sec. 58.112.  REPORT TO LEGISLATURE. Not later than August 15 of each year, the Texas Juvenile Probation Commission shall submit to the lieutenant governor, the speaker of the house of representatives, and the governor a report that contains the following statistical information relating to children referred to a juvenile court during the preceding year:</p> <p>(1)  the ages, races, and counties of residence of the children transferred to a district court or criminal district court for criminal proceedings; and</p> <p>(2)  the ages, races, and counties of residence of the children committed to the Texas Youth Commission, placed on probation, or discharged without any disposition.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996. Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 40, eff. Sept. 1, 2001.</p> <p>Sec. 58.113.  WARRANTS. The department shall maintain in a computerized database that is accessible by the same entities that may access the juvenile justice information system information relating to a warrant of arrest, as that term is defined by Article 15.01, Code of Criminal Procedure, or a directive to apprehend under Section 52.015 for any child, without regard to whether the child has been taken into custody.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.</p> <p style="text-align: center;">SUBCHAPTER C. AUTOMATIC RESTRICTION OF ACCESS TO RECORDS</p> <p>Sec. 58.201.  DEFINITION. In this subchapter, “department” means the Department of Public Safety of the State of Texas.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Sec. 58.202.  EXEMPTED RECORDS. The following records are exempt from this subchapter:</p> <p>(1)  sex offender registration records maintained by the department or a local law enforcement agency under Chapter 62, Code of Criminal Procedure; and</p> <p>(2)  records relating to a criminal combination or criminal street gang maintained by the department or a local law enforcement agency under Chapter 61, Code of Criminal Procedure.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Sec. 58.203.  CERTIFICATION. (a) The department shall certify to the juvenile probation department to which a referral was made that resulted in information being submitted to the juvenile justice information system that the records relating to a person’s juvenile case are subject to automatic restriction of access if:</p> <p>(1)  the person is at least 21 years of age;</p> <p>(2)  the juvenile case did not include violent or habitual felony conduct resulting in proceedings in the juvenile court under Section 53.045;</p> <p>(3)  the juvenile case was not certified for trial in criminal court under Section 54.02; and</p> <p>(4)  the department has not received a report in its criminal history system that the person was granted deferred adjudication for or convicted of a felony or a misdemeanor punishable by confinement in jail for an offense committed after the person became 17 years of age.</p> <p>(b)  If the department’s records relate to a juvenile court with multicounty jurisdiction, the department shall issue the certification described by Subsection (a) to each juvenile probation department that serves the court.  On receipt of the certification, each juvenile probation department shall determine whether it received the referral and, if it received the referral, take the restrictive action notification required by law.</p> <p>(c)  The department may issue the certification described by Subsection (a) by electronic means, including by electronic mail.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 949, Sec. 19, eff. September 1, 2005.</p> <p>Sec. 58.204.  RESTRICTED ACCESS ON CERTIFICATION. (a) On certification of records in a case under Section 58.203, the department, except as provided by Subsection (b):</p> <p>(1)  may not disclose the existence of the records or any information from the records in response to an inquiry from:</p> <p>(A)  a law enforcement agency;</p> <p>(B)  a criminal or juvenile justice agency;</p> <p>(C)  a governmental or other agency given access to information under Chapter 411, Government Code; or</p> <p>(D)  any other person, agency, organization, or entity; and</p> <p>(2)  shall respond to a request for information about the records by stating that the records do not exist.</p> <p>(b)  On certification of records in a case under Section 58.203, the department may permit access to the information in the juvenile justice information system relating to the case of an individual only:</p> <p>(1)  by a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code; or</p> <p>(2)  for research purposes, by the Texas Juvenile Probation Commission, the Texas Youth Commission, or the Criminal Justice Policy Council.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Sec. 58.205.  REQUEST TO THE FEDERAL BUREAU OF INVESTIGATION ON CERTIFICATION. On certification of records in a case under Section 58.203, the department shall request the Federal Bureau of Investigation to:</p> <p>(1)  place the information in its files on restricted status, with access only by a criminal justice agency for a criminal justice purpose, as those terms are defined by Section 411.082, Government Code; or</p> <p>(2)  if the action described in Subdivision (1) is not feasible, delete all information in its database concerning the case.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Sec. 58.206.  EFFECT OF CERTIFICATION IN RELATION TO THE PROTECTED PERSON. (a) On certification of records in a case under Section 58.203:</p> <p>(1)  the person who is the subject of the records is not required to state in any proceeding, except as otherwise authorized by law in a criminal proceeding in which the person is testifying as a defendant, or in any application for employment, licensing, or other public or private benefit that the person has been a respondent in a case under this title and may not be punished, by perjury prosecution or otherwise, for denying:</p> <p>(A)  the existence of the records; or</p> <p>(B)  the person’s participation in a juvenile proceeding related to the records; and</p> <p>(2)  information from the records may not be admitted against the person who is the subject of the records in a civil or criminal proceeding except a proceeding in which a juvenile adjudication was admitted under:</p> <p>(A)  Section 12.42, Penal Code;</p> <p>(B)  Article 37.07, Code of Criminal Procedure; or</p> <p>(C)  as otherwise authorized by criminal procedural law.</p> <p>(b)  A person who is the subject of records certified under this subchapter may not waive the restricted status of the records or the consequences of the restricted status.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Sec. 58.207.  JUVENILE COURT ORDERS ON CERTIFICATION. (a) On certification of records in a case under Section 58.203, the juvenile court shall order:</p> <p>(1)  that the following records relating to the case may be accessed only as provided by Section 58.204(b):</p> <p>(A)  if the respondent was committed to the Texas Youth Commission, records maintained by the commission;</p> <p>(B)  records maintained by the juvenile probation department;</p> <p>(C)  records maintained by the clerk of the court;</p> <p>(D)  records maintained by the prosecutor’s office; and</p> <p>(E)  records maintained by a law enforcement agency; and</p> <p>(2)  the juvenile probation department to make a reasonable effort to notify the person who is the subject of records for which access has been restricted of the action restricting access and the legal significance of the action for the person, but only if the person has requested the notification in writing and has provided the juvenile probation department with a current address.</p> <p>(b)  On receipt of an order under Subsection (a)(1), the agency maintaining the records:</p> <p>(1)  may allow access only as provided by Section 58.204(b); and</p> <p>(2)  shall respond to a request for information about the records by stating that the records do not exist.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 949, Sec. 20, eff. September 1, 2005.</p> <p>Sec. 58.208.  INFORMATION TO CHILD ON DISCHARGE. On the final discharge of a child from the juvenile system or on the last official action in the case, if there is no adjudication, the appropriate juvenile justice official shall provide to the child:</p> <p>(1)  a written explanation of how automatic restricted access under this subchapter works;</p> <p>(2)  a copy of this subchapter; and</p> <p>(3)  a statement that if the child wishes to receive notification of an action restricting access to the child’s records under Section 58.207(a), the child must before the child’s 21st birthday provide the juvenile probation department with a current address where the child can receive notification.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 949, Sec. 21, eff. September 1, 2005.</p> <p>Sec. 58.209.  INFORMATION TO CHILD BY PROBATION OFFICER OR TEXAS YOUTH COMMISSION. (a) When a child is placed on probation for an offense that may be eligible for automatic restricted access at age 21 or when a child is received by the Texas Youth Commission on an indeterminate commitment, a probation officer or an official at the Texas Youth Commission reception center, as soon as practicable, shall explain the substance of the following information to the child:</p> <p>(1)  if the child was adjudicated as having committed delinquent conduct for a felony or jailable misdemeanor, that the child probably has a juvenile record with the department and the Federal Bureau of Investigation;</p> <p>(2)  that the child’s juvenile record is a permanent record that is not destroyed or erased unless the record is eligible for sealing and the child or the child’s family hires a lawyer and files a petition in court to have the record sealed;</p> <p>(3)  that the child’s juvenile record, other than treatment records made confidential by law, can be accessed by police, sheriff’s officers, prosecutors, probation officers, correctional officers, and other criminal and juvenile justice officials in this state and elsewhere;</p> <p>(4)  that the child’s juvenile record, other than treatment records made confidential by law, can be accessed by employers, educational institutions, licensing agencies, and other organizations when the child applies for employment or educational programs;</p> <p>(5)  if the child’s juvenile record is placed on restricted access when the child becomes 21 years of age, that access will be denied to employers, educational institutions, and others except for criminal justice agencies;</p> <p>(6)  that to have the child’s juvenile record placed on restricted access at age 21, the child must not:</p> <p>(A)  commit a felony or jailable misdemeanor; and</p> <p>(B)  receive deferred adjudication for or be convicted in adult court of a felony or jailable misdemeanor; and</p> <p>(7)  that restricted access does not require any action by the child or the child’s family, including the filing of a petition or hiring of a lawyer, but occurs automatically at age 21 if the child does not commit a criminal offense in the future.</p> <p>(b)  The probation officer or Texas Youth Commission official shall:</p> <p>(1)  give the child a written copy of the explanation provided; and</p> <p>(2)  communicate the same information to at least one of the child’s parents or, if none can be found, to the child’s guardian or custodian.</p> <p>(c)  The Texas Juvenile Probation Commission and the Texas Youth Commission shall adopt rules to implement this section and to facilitate the effective explanation of the information required to be communicated by this section.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.<a> </a></p> <p>Sec. 58.210.  SEALING OR DESTRUCTION OF RECORDS NOT AFFECTED. (a) This subchapter does not prevent or restrict the sealing or destruction of juvenile records as authorized by law.</p> <p>(b)  Restricted access provided under this subchapter is in addition to sealing or destruction of juvenile records.</p> <p>(c)  A person who is the subject of records certified under this subchapter is entitled to access to the records for the purpose of preparing and presenting a motion to seal or destroy the records.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Sec. 58.211.  RESCINDING RESTRICTED ACCESS. (a) If the department has notified a juvenile probation department that a record has been placed on restricted access and the department later receives information in the department’s criminal history system that the subject of the records has been convicted of or placed on deferred adjudication for a felony or a misdemeanor punishable by confinement in jail for an offense committed after the person reached the age of 17, the person’s juvenile records are no longer subject to restricted access.  The department shall notify the appropriate local juvenile probation departments in the manner described by Section 58.203 that the person’s records are no longer subject to restricted access.</p> <p>(b)  On receipt of the notification described by Subsection (a), the juvenile probation department shall notify the agencies that maintain the person’s juvenile records under Section 58.207(b) that the person’s records are no longer subject to restricted access.</p> <p>Added by Acts 2005, 79th Leg., Ch. 949, Sec. 22, eff. September 1, 2005.</p> <p style="text-align: center;">SUBCHAPTER D. LOCAL JUVENILE JUSTICE INFORMATION SYSTEM<a> </a></p> <p>Sec. 58.301.  DEFINITIONS. In this subchapter:</p> <p>(1)  “County juvenile board” means a juvenile board created under Chapter 152, Human Resources Code.</p> <p>(2)  “Governmental placement facility” means a juvenile residential placement facility operated by a unit of government.</p> <p>(3)  “Governmental service provider” means a juvenile justice service provider operated by a unit of government.</p> <p>(4)  “Local juvenile justice information system” means a county or multicounty computerized database of information concerning children, with data entry and access by the partner agencies that are members of the system.</p> <p>(5)  “Partner agency” means a governmental service provider or governmental placement facility that is authorized by this subchapter to be a member of a local juvenile justice information system or that has applied to be a member of a local juvenile justice information system and has been approved by the county juvenile board or regional juvenile board committee as a member of the system.</p> <p>(6)  “Regional juvenile board committee” means a committee that is composed of two members from each county juvenile board in a region that comprises a multicounty local juvenile information system.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 949, Sec. 23, eff. September 1, 2005.</p> <p>Sec. 58.302. PURPOSES OF SYSTEM. The purposes of a local juvenile justice information system are to:</p> <p>(1)  provide accurate information at the county or regional level relating to children who come into contact with the juvenile justice system;</p> <p>(2)  assist in the development and delivery of services to children in the juvenile justice system;</p> <p>(3)  assist in the development and delivery of services to children:</p> <p>(A)  who school officials have reasonable cause to believe have committed an offense for which a report is required under Section 37.015, Education Code; or</p> <p>(B)  who have been expelled, the expulsion of which school officials are required to report under Section 52.041;</p> <p>(4)  provide for an efficient transmission of juvenile records from justice and municipal courts to county juvenile probation departments and the juvenile court and from county juvenile probation departments and juvenile court to the state juvenile justice information system created by Subchapter B;</p> <p>(5)  provide efficient computerized case management resources to juvenile courts, prosecutors, court clerks, county juvenile probation departments, and partner agencies authorized by this subchapter;</p> <p>(6)  provide a directory of services available to children to the partner agencies to facilitate the delivery of services to children;</p> <p>(7)  provide an efficient means for municipal and justice courts to report filing of charges, adjudications, and dispositions of juveniles to the juvenile court as required by Section 51.08; and</p> <p>(8)  provide a method for agencies to fulfill their duties under Section 58.108, including the electronic transmission of information required to be sent to the Department of Public Safety by Section 58.110(f).</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 20, eff. September 1, 2007.</p> <p>Sec. 58.303.  LOCAL JUVENILE JUSTICE INFORMATION SYSTEM. (a) Juvenile justice agencies in a county or region of this state may jointly create and maintain a local juvenile justice information system to aid in processing the cases of children under this code, to facilitate the delivery of services to children in the juvenile justice system, and to aid in the early identification of at-risk and delinquent children.</p> <p>(b)  A local juvenile justice information system may contain the following components:</p> <p>(1)  case management resources for juvenile courts, court clerks, prosecuting attorneys, and county juvenile probation departments;</p> <p>(2)  reporting systems to fulfill statutory requirements for reporting in the juvenile justice system;</p> <p>(3)  service provider directories and indexes of agencies providing services to children;</p> <p>(4)  victim-witness notices required under Chapter 57;</p> <p>(5)  electronic filing of complaints or petitions, court orders, and other documents filed with the court, including documents containing electronic signatures;</p> <p>(6)  electronic offense and intake processing;</p> <p>(7)  case docket management and calendaring;</p> <p>(8)  communications by email or other electronic communications between partner agencies;</p> <p>(9)  reporting of charges filed, adjudications and dispositions of juveniles by municipal and justice courts and the juvenile court, and transfers of cases to the juvenile court as authorized or required by Section 51.08;</p> <p>(10)  reporting to schools under Article 15.27, Code of Criminal Procedure, by law enforcement agencies, prosecuting attorneys, and juvenile courts;</p> <p>(11)  records of adjudications and dispositions, including probation conditions ordered by the juvenile court; and</p> <p>(12)  warrant management and confirmation capabilities.</p> <p>(d)  Membership in a local juvenile justice information system is determined by this subchapter. Membership in a regional juvenile justice information system is determined by the regional juvenile board committee from among partner agencies that have applied for membership.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 949, Sec. 24, eff. September 1, 2005.</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 21, eff. September 1, 2007.</p> <p>Sec. 58.304.  TYPES OF INFORMATION CONTAINED IN A LOCAL JUVENILE INFORMATION SYSTEM. (a) Subject to Subsection (d), a local juvenile justice information system must consist of:</p> <p>(1)  information relating to all referrals to the juvenile court of any type, including referrals for conduct indicating a need for supervision and delinquent conduct; and</p> <p>(2)  information relating to:</p> <p>(A)  the juvenile;</p> <p>(B)  the intake or referral of the juvenile into the juvenile justice system for any offense or conduct;</p> <p>(C)  the detention of the juvenile;</p> <p>(D)  the prosecution of the juvenile;</p> <p>(E)  the disposition of the juvenile’s case, including the name and description of any program to which the juvenile is referred; and</p> <p>(F)  the probation, placement, or commitment of the juvenile.</p> <p>(b)  To the extent possible and subject to Subsections (a) and (d), the local juvenile justice information system may include the following information for each juvenile taken into custody, detained, or referred under this title:</p> <p>(1)  the juvenile’s name, including other names by which the juvenile is known;</p> <p>(2)  the juvenile’s date and place of birth;</p> <p>(3)  the juvenile’s physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos;</p> <p>(4)  the juvenile’s state identification number and other identifying information;</p> <p>(5)  the juvenile’s fingerprints and photograph;</p> <p>(6)  the juvenile’s last known residential address, including the census tract number designation for the address;</p> <p>(7)  the name, address, and phone number of the juvenile’s parent, guardian, or custodian;</p> <p>(8)  the name and identifying number of the agency that took into custody or detained the juvenile;</p> <p>(9)  each date of custody or detention;</p> <p>(10)  a detailed description of the conduct for which the juvenile was taken into custody, detained, or referred, including the level and degree of the alleged offense;</p> <p>(11)  the name and identifying number of the juvenile intake agency or juvenile probation office;</p> <p>(12)  each disposition by the juvenile intake agency or juvenile probation office;</p> <p>(13)  the date of disposition by the juvenile intake agency or juvenile probation office;</p> <p>(14)  the name and identifying number of the prosecutor’s office;</p> <p>(15)  each disposition by the prosecutor;</p> <p>(16)  the date of disposition by the prosecutor;</p> <p>(17)  the name and identifying number of the court;</p> <p>(18)  each disposition by the court, including information concerning custody of a juvenile by a juvenile justice agency or county juvenile probation department;</p> <p>(19)  the date of disposition by the court;</p> <p>(20)  any commitment or release under supervision by the Texas Youth Commission, including the date of the commitment or release;</p> <p>(21)  information concerning each appellate proceeding; and</p> <p>(22)  electronic copies of all documents filed with the court.</p> <p>(c)  If the Department of Public Safety assigns a state identification number for the juvenile, the identification number shall be entered in the local juvenile information system.</p> <p>(d)  Information obtained for the purpose of diagnosis, examination, evaluation, or treatment or for making a referral for treatment of a child by a public or private agency or institution providing supervision of a child by arrangement of the juvenile court or having custody of the child under order of the juvenile court may not be collected under Subsection (a) or (b).</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 22, eff. September 1, 2007.</p> <p>Sec. 58.305.  PARTNER AGENCIES. (a) A local juvenile justice information system shall to the extent possible include the following partner agencies within that county:</p> <p>(1)  the juvenile court and court clerk;</p> <p>(2)  justice of the peace and municipal courts;</p> <p>(3)  the county juvenile probation department;</p> <p>(4)  the prosecuting attorneys who prosecute juvenile cases in juvenile court, municipal court, or justice court;</p> <p>(5)  law enforcement agencies;</p> <p>(6)  each public school district in the county;</p> <p>(7)  governmental service providers approved by the county juvenile board; and</p> <p>(8)  governmental placement facilities approved by the county juvenile board.</p> <p>(b)  A local juvenile justice information system for a multicounty region shall to the extent possible include the partner agencies listed in Subsections (a)(1)-(6) for each county in the region and the following partner agencies from within the multicounty region that have applied for membership in the system and have been approved by the regional juvenile board committee:</p> <p>(1)  governmental service providers; and</p> <p>(2)  governmental placement facilities.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 949, Sec. 25, eff. September 1, 2005.</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 23, eff. September 1, 2007.</p> <p>Sec. 58.306.  ACCESS TO INFORMATION; LEVELS. (a) This section describes the level of access to information to which each partner agency in a local juvenile justice information system is entitled.</p> <p>(b)  Information is at Access Level 1 if the information relates to a child:</p> <p>(1)  who:</p> <p>(A)  a school official has reasonable grounds to believe has committed an offense for which a report is required under Section 37.015, Education Code; or</p> <p>(B)  has been expelled, the expulsion of which is required to be reported under Section 52.041; and</p> <p>(2)  who has not been charged with a fineable only offense, a status offense, or delinquent conduct.</p> <p>(c)  Information is at Access Level 2 if the information relates to a child who:</p> <p>(1)  is alleged in a justice or municipal court to have committed a fineable only offense, municipal ordinance violation, or status offense; and</p> <p>(2)  has not been charged with delinquent conduct or conduct indicating a need for supervision.</p> <p>(d)  Information is at Access Level 3 if the information relates to a child who is alleged to have engaged in delinquent conduct or conduct indicating a need for supervision.</p> <p>(e)  Level 1 Access is by public school districts in the county or region served by the local juvenile justice information system.</p> <p>(f)  Level 2 Access is by:</p> <p>(1)  justice of the peace courts that process juvenile cases; and</p> <p>(2)  municipal courts that process juvenile cases.</p> <p>(g)  Level 3 Access is by:</p> <p>(1)  the juvenile court and court clerk;</p> <p>(2)  the prosecuting attorney;</p> <p>(3)  the county juvenile probation department;</p> <p>(4)  law enforcement agencies;</p> <p>(5)  governmental service providers that are partner agencies; and</p> <p>(6)  governmental placement facilities that are partner agencies.</p> <p>(h)  Access for Level 1 agencies is only to information at Level 1. Access for Level 2 agencies is only to information at Levels 1 and 2. Access for Level 3 agencies is to information at Levels 1, 2, and 3.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 24, eff. September 1, 2007.</p> <p>Sec. 58.307.  CONFIDENTIALITY OF INFORMATION. (a) Information that is part of a local juvenile justice information system is not public information and may not be released to the public, except as authorized by law.</p> <p>(b)  Information that is part of a local juvenile justice information system is for the professional use of the partner agencies that are members of the system and may be used only by authorized employees of those agencies to discharge duties of those agencies.</p> <p>(c)  Information from a local juvenile justice information system may not be disclosed to persons, agencies, or organizations that are not members of the system except to the extent disclosure is authorized or mandated by this title.</p> <p>(d)  Information in a local juvenile justice information system is subject to destruction, sealing, or restricted access as provided by this title.</p> <p>(e)  Information in a local juvenile justice information system, including electronic signature systems, shall be protected from unauthorized access by a system of access security and any access to information in a local juvenile information system performed by browser software shall be at the level of at least 128-bit encryption.  A juvenile board or a regional juvenile board committee shall require all partner agencies to maintain security and restrict access in accordance with the requirements of this title.</p> <p>Added by Acts 2001, 77th Leg., ch. 1297, Sec. 41, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 25, eff. September 1, 2007.</p> <p style="text-align: center;">SUBCHAPTER D-1. REPORTS ON COUNTY INTERNET WEBSITES</p> <p>Sec. 58.351.  APPLICABILITY. This subchapter applies only to a county with a population of 600,000 or more.</p> <p>Added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 26(b), eff. September 1, 2007.</p> <p>Sec. 58.352.  INFORMATION POSTED ON COUNTY WEBSITE. (a) A juvenile court judge in a county to which this subchapter applies shall post a report on the Internet website of the county in which the court is located.  The report must include:</p> <p>(1)  the total number of children committed by the judge to a correctional facility operated by the Texas Youth Commission; and</p> <p>(2)  for each child committed to a facility described by Subdivision (1):</p> <p>(A)  a general description of the offense committed by the child or the conduct of the child that led to the child’s commitment to the facility;</p> <p>(B)  the year the child was committed to the facility; and</p> <p>(C)  the age range, race, and gender of the child.</p> <p>(b)  Not later than the 10th day following the first day of each quarter, a juvenile court judge shall update the information posted on a county Internet website under Subsection (a).</p> <p>Added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 26(b), eff. September 1, 2007.</p> <p>Sec. 58.353.  CONFIDENTIALITY. A record posted on a county Internet website under this subchapter may not include any information that personally identifies a child.</p> <p>Added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 26(b), eff. September 1, 2007.</p> <p style="text-align: center;">SUBCHAPTER E. STATEWIDE JUVENILE INFORMATION AND CASE MANAGEMENT SYSTEM</p> <p>Sec. 58.401.  DEFINITIONS. In this subchapter:</p> <p>(1)  “Commission” means the Texas Juvenile Probation Commission.</p> <p>(2)  “Criminal justice agency” has the meaning assigned by Section 411.082, Government Code.</p> <p>(3)  “Juvenile justice agency” means an agency that has custody or control over juvenile offenders.</p> <p>(4)  “Partner agencies” means those agencies described in Section 58.305 as well as private service providers to the juvenile justice system.</p> <p>(5)  “System” means an automated statewide juvenile information and case management system.</p> <p>Added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 27, eff. September 1, 2007.</p> <p>Sec. 58.402.  PURPOSES OF SYSTEM. The purposes of the system are to:</p> <p>(1)  provide accurate information at the statewide level relating to children who come into contact with the juvenile justice system;</p> <p>(2)  facilitate communication and information sharing between authorized entities in criminal and juvenile justice agencies and partner agencies regarding effective and efficient identification of and service delivery to juvenile offenders; and</p> <p>(3)  provide comprehensive juvenile justice information and case management abilities that will meet the common data collection, reporting, and management needs of juvenile probation departments in this state and provide the flexibility to accommodate individualized requirements.</p> <p>Added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 27, eff. September 1, 2007.</p> <p>Sec. 58.403.  JUVENILE INFORMATION SYSTEM. (a) Through the adoption of an interlocal contract under Chapter 791, Government Code, with one or more counties, the commission may participate in and assist counties in the creation, operation, and maintenance of a system that is intended for statewide use to:</p> <p>(1)  aid in processing the cases of children under this title;</p> <p>(2)  facilitate the delivery of services to children in the juvenile justice system;</p> <p>(3)  aid in the early identification of at-risk and delinquent children; and</p> <p>(4)  facilitate cross-jurisdictional sharing of information related to juvenile offenders between authorized criminal and juvenile justice agencies and partner agencies.</p> <p>(b)  The commission may use funds appropriated for the implementation of this section to pay costs incurred under an interlocal contract described by Subsection (a), including license fees, maintenance and operations costs, administrative costs, and any other costs specified in the interlocal contract.</p> <p>(c)  The commission may provide training services to counties on the use and operation of a system created, operated, or maintained by one or more counties under Subsection (a).</p> <p>Added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 27, eff. September 1, 2007.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 1337, Sec. 1, eff. September 1, 2009.</p> <p>Sec. 58.404.  INFORMATION COLLECTED BY COMMISSION. The commission may collect and maintain all information related to juvenile offenders and all offenses committed by a juvenile offender, including all information collected and maintained under Subchapters B and D.</p> <p>Added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 27, eff. September 1, 2007.</p> <p>Sec. 58.405.  AUTHORITY CUMULATIVE.The authority granted by this subchapter is cumulative of all other authority granted by this chapter to a county, the commission, or a juvenile justice agency and nothing in this subchapter limits the authority of a county, the commission, or a juvenile justice agency under this chapter to create an information system or to share information related to a juvenile.</p> <p>Added by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 27, eff. September 1, 2007.</p> <p>________________</p> <p>Courtesy, Jim Sullivan and Associates, Texas Criminal Trial Lawyers</p> <p>Sugar Land Board Certified Juvenile Lawyer Jim Sullivan can defend your child. You can call Jim Sullivan at <strong>281-546-6428</strong>.</p> ]]></content:encoded> </item> <item> <title>Texas Juvenile Justice Code – Chapter 57. Rights of Victims</title> <link>https://www.houstoncriminaltriallawyer.net/texas-juvenile-justice-code-chapter-57-rights-of-victims/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Tue, 03 Jan 2012 01:31:05 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Juvenile court]]></category> <category><![CDATA[Juvenile delinquency]]></category> <category><![CDATA[Law enforcement agency]]></category> <category><![CDATA[Legal guardian]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Texas Juvenile Probation Commission]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6259</guid> <description><![CDATA[TEXAS FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CHAPTER 57. RIGHTS OF VICTIMS Sec. 57.001. DEFINITIONS. In this chapter: (1) “Close relative of a deceased victim” means a person who was the spouse of a deceased victim at the time of the victim’s death or who is a parent or adult brother, sister, or child of the deceased […]]]></description> <content:encoded><![CDATA[<p align="center"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14012" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png" alt="" width="300" height="223" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center.png 450w" sizes="(max-width: 300px) 100vw, 300px" /></a>TEXAS FAMILY CODE</p> <p align="center">TITLE 3. JUVENILE JUSTICE CODE</p> <p align="center">CHAPTER 57. RIGHTS OF VICTIMS</p> <p>Sec. 57.001. DEFINITIONS. In this chapter:</p> <p>(1) “Close relative of a deceased victim” means a person who was the spouse of a deceased victim at the time of the victim’s death or who is a parent or adult brother, sister, or child of the deceased victim.</p> <p>(2) “Guardian of a victim” means a person who is the legal guardian of the victim, whether or not the legal relationship between the guardian and victim exists because of the age of the victim or the physical or mental incompetency of the victim.</p> <p>(3) “Victim” means a person who as the result of the delinquent conduct of a child suffers a pecuniary loss or personal injury or harm.</p> <p>Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 49, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 368, Sec. 1, eff. Sept. 1, 1997.</p> <p>Sec. 57.002. VICTIM’S RIGHTS. (a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the juvenile justice system:</p> <p>(1) the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;</p> <p>(2) the right to have the court or person appointed by the court take the safety of the victim or the victim’s family into consideration as an element in determining whether the child should be detained before the child’s conduct is adjudicated;</p> <p>(3) the right, if requested, to be informed of relevant court proceedings, including appellate proceedings, and to be informed in a timely manner if those court proceedings have been canceled or rescheduled;</p> <p>(4) the right to be informed, when requested, by the court or a person appointed by the court concerning the procedures in the juvenile justice system, including general procedures relating to:</p> <p>(A) the preliminary investigation and deferred prosecution of a case; and</p> <p>(B) the appeal of the case;</p> <p>(5) the right to provide pertinent information to a juvenile court conducting a disposition hearing concerning the impact of the offense on the victim and the victim’s family by testimony, written statement, or any other manner before the court renders its disposition;</p> <p>(6) the right to receive information regarding compensation to victims as provided by Subchapter B, Chapter 56, Code of Criminal Procedure, including information related to the costs that may be compensated under that subchapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that subchapter, the payment of medical expenses under Section 56.06, Code of Criminal Procedure, for a victim of a sexual assault, and when requested, to referral to available social service agencies that may offer additional assistance;</p> <p>(7) the right to be informed, upon request, of procedures for release under supervision or transfer of the person to the custody of the Texas Department of Criminal Justice for parole, to participate in the release or transfer for parole process, to be notified, if requested, of the person’s release, escape, or transfer for parole proceedings concerning the person, to provide to the Texas Youth Commission for inclusion in the person’s file information to be considered by the commission before the release under supervision or transfer for parole of the person, and to be notified, if requested, of the person’s release or transfer for parole;</p> <p>(8) the right to be provided with a waiting area, separate or secure from other witnesses, including the child alleged to have committed the conduct and relatives of the child, before testifying in any proceeding concerning the child, or, if a separate waiting area is not available, other safeguards should be taken to minimize the victim’s contact with the child and the child’s relatives and witnesses, before and during court proceedings;</p> <p>(9) the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose;</p> <p>(10) the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim’s cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause;</p> <p>(11) the right to be present at all public court proceedings related to the conduct of the child as provided by Section 54.08, subject to that section; and</p> <p>(12) any other right appropriate to the victim that a victim of criminal conduct has under Article 56.02, Code of Criminal Procedure.</p> <p>(b) In notifying a victim of the release or escape of a person, the Texas Youth Commission shall use the same procedure established for the notification of the release or escape of an adult offender under Article 56.11, Code of Criminal Procedure.</p> <p>Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(110), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, Sec. 50, eff. Jan. 1, 1996; Acts 2001, 77th Leg., ch. 1034, Sec. 8, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. <a href="http://www.legis.state.tx.us/tlodocs/81R/billtext/html/SB01969F.HTM">87</a>, Sec. 25.060, eff. September 1, 2009.</p> <p>Sec. 57.003. DUTIES OF JUVENILE BOARD AND VICTIM ASSISTANCE COORDINATOR. (a) The juvenile board shall ensure to the extent practicable that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted by Section 57.002 and, on request, an explanation of those rights.</p> <p>(b) The juvenile board may designate a person to serve as victim assistance coordinator in the juvenile board’s jurisdiction for victims of juvenile offenders.</p> <p>(c) The victim assistance coordinator shall ensure that a victim, or close relative of a deceased victim, is afforded the rights granted victims, guardians, and relatives by Section 57.002 and, on request, an explanation of those rights. The victim assistance coordinator shall work closely with appropriate law enforcement agencies, prosecuting attorneys, the Texas Juvenile Probation Commission, and the Texas Youth Commission in carrying out that duty.</p> <p>(d) The victim assistance coordinator shall ensure that at a minimum, a victim, guardian of a victim, or close relative of a deceased victim receives:</p> <p>(1) a written notice of the rights outlined in Section 57.002;</p> <p>(2) an application for compensation under the Crime Victims’ Compensation Act (Subchapter B, Chapter 56, Code of Criminal Procedure); and</p> <p>(3) a victim impact statement with information explaining the possible use and consideration of the victim impact statement at detention, adjudication, and release proceedings involving the juvenile.</p> <p>(e) The victim assistance coordinator shall, on request, offer to assist a person receiving a form under Subsection (d) to complete the form.</p> <p>(f) The victim assistance coordinator shall send a copy of the victim impact statement to the court conducting a disposition hearing involving the juvenile.</p> <p>(g) The juvenile board, with the approval of the commissioners court of the county, may approve a program in which the victim assistance coordinator may offer not more than 10 hours of post trial psychological counseling for a person who serves as a juror or an alternate juror in an adjudication hearing involving graphic evidence or testimony and who requests the post trial psychological counseling not later than the 180th day after the date on which the jury in the adjudication hearing is dismissed. The victim assistance coordinator may provide the counseling using a provider that assists local juvenile justice agencies in providing similar services to victims.</p> <p>Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 51, eff. Jan. 1, 1996.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 93, Sec. 2, eff. September 1, 2009.</p> <p>Acts 2009, 81st Leg., R.S., Ch. 93, Sec. 3, eff. September 1, 2009.</p> <p>Sec. 57.0031. NOTIFICATION OF RIGHTS OF VICTIMS OF JUVENILES. At the initial contact or at the earliest possible time after the initial contact between the victim of a reported crime and the juvenile probation office having the responsibility for the disposition of the juvenile, the office shall provide the victim a written notice:</p> <p>(1) containing information about the availability of emergency and medical services, if applicable;</p> <p>(2) stating that the victim has the right to receive information regarding compensation to victims of crime as provided by the Crime Victims’ Compensation Act (Subchapter B, Chapter 56, Code of Criminal Procedure), including information about:</p> <p>(A) the costs that may be compensated and the amount of compensation, eligibility for compensation, and procedures for application for compensation;</p> <p>(B) the payment for a medical examination for a victim of a sexual assault; and</p> <p>(C) referral to available social service agencies that may offer additional assistance;</p> <p>(3) stating the name, address, and phone number of the victim assistance coordinator for victims of juveniles;</p> <p>(4) containing the following statement: “You may call the crime victim assistance coordinator for the status of the case and information about victims’ rights.”;</p> <p>(5) stating the rights of victims of crime under Section 57.002;</p> <p>(6) summarizing each procedural stage in the processing of a juvenile case, including preliminary investigation, detention, informal adjustment of a case, disposition hearings, release proceedings, restitution, and appeals;</p> <p>(7) suggesting steps the victim may take if the victim is subjected to threats or intimidation;</p> <p>(8) stating the case number and assigned court for the case; and</p> <p>(9) stating that the victim has the right to file a victim impact statement and to have it considered in juvenile proceedings.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 51, eff. Jan. 1, 1996.</p> <p>Sec. 57.004. NOTIFICATION. A court, a person appointed by the court, or the Texas Youth Commission is responsible for notifying a victim, guardian of a victim, or close relative of a deceased victim of a proceeding under this chapter only if the victim, guardian of a victim, or close relative of a deceased victim requests the notification in writing and provides a current address to which the notification is to be sent.</p> <p>Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.</p> <p>Sec. 57.005. LIABILITY. The Texas Youth Commission, a juvenile board, a court, a person appointed by a court, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inability to provide a right listed under Section 57.002 of this code.</p> <p>Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.</p> <p>Sec. 57.006. APPEAL. The failure or inability of any person to provide a right or service listed under Section 57.002 of this code may not be used by a child as a ground for appeal or for a post conviction writ of habeas corpus.</p> <p>Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.</p> <p>Sec. 57.007. STANDING. A victim, guardian of a victim, or close relative of a victim does not have standing to participate as a party in a juvenile proceeding or to contest the disposition of any case.</p> <p>Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.</p> <p>Sec. 57.008. COURT ORDER FOR PROTECTION FROM JUVENILES. (a) A court may issue an order for protection from juveniles directed against a child to protect a victim of the child’s conduct who, because of the victim’s participation in the juvenile justice system, risks further harm by the child.</p> <p>(b) In the order, the court may prohibit the child from doing specified acts or require the child to do specified acts necessary or appropriate to prevent or reduce the likelihood of further harm to the victim by the child.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 52, eff. Jan. 1, 1996.</p> <p>________________</p> <p>Courtesy, Jim Sullivan and Associates, Texas Criminal Trial Lawyers</p> <p>Sugarland Board Certified Juvenile Lawyer Jim Sullivan can defend your child. You can call Jim Sullivan at <strong>281-546-6428</strong>.</p> ]]></content:encoded> </item> <item> <title>Texas Juvenile Justice Code – Chapter 56. Appeal</title> <link>https://www.houstoncriminaltriallawyer.net/texas-juvenile-justice-code-chapter-56-appeal/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Tue, 03 Jan 2012 01:24:04 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Fort Bend County Texas]]></category> <category><![CDATA[Fort Bend Juvenile Attorney]]></category> <category><![CDATA[Fort Bend Juvenile Lawyer]]></category> <category><![CDATA[Juvenile court]]></category> <category><![CDATA[Sugarland Juvenile Lawyer]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6256</guid> <description><![CDATA[TEXAS FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CHAPTER 56. APPEAL Sec. 56.01.  RIGHT TO APPEAL.  (a)  Except as provided by Subsection (b-1), an appeal from an order of a juvenile court is to a court of appeals and the case may be carried to the Texas Supreme Court by writ of error or upon certificate, as […]]]></description> <content:encoded><![CDATA[<p align="center"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-9279" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2012/10/Fotosearch_k10785757-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2012/10/Fotosearch_k10785757-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2012/10/Fotosearch_k10785757-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2012/10/Fotosearch_k10785757-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2012/10/Fotosearch_k10785757-1-1080x720.jpg 1080w" sizes="(max-width: 300px) 100vw, 300px" /></a>TEXAS FAMILY CODE</p> <p align="center">TITLE 3. JUVENILE JUSTICE CODE</p> <p align="center">CHAPTER 56. APPEAL</p> <p>Sec. 56.01.  RIGHT TO APPEAL. (a) Except as provided by Subsection (b-1), an appeal from an order of a juvenile court is to a court of appeals and the case may be carried to the Texas Supreme Court by writ of error or upon certificate, as in civil cases generally.</p> <p>(b)  The requirements governing an appeal are as in civil cases generally.  When an appeal is sought by filing a notice of appeal, security for costs of appeal, or an affidavit of inability to pay the costs of appeal, and the filing is made in a timely fashion after the date the disposition order is signed, the appeal must include the juvenile court adjudication and all rulings contributing to that adjudication.  An appeal of the adjudication may be sought notwithstanding that the adjudication order was signed more than 30 days before the date the notice of appeal, security for costs of appeal, or affidavit of inability to pay the costs of appeal was filed.</p> <p>(b-1)  A motion for new trial seeking to vacate an adjudication is:</p> <p>(1)  timely if the motion is filed not later than the 30th day after the date on which the disposition order is signed; and</p> <p>(2)  governed by Rule 21, Texas Rules of Appellate Procedure.</p> <p>(c)  An appeal may be taken:</p> <p>(1)  except as provided by Subsection (n), by or on behalf of a child from an order entered under:</p> <p>(A)  Section 54.03 with regard to delinquent conduct or conduct indicating a need for supervision;</p> <p>(B)  Section 54.04 disposing of the case;</p> <p>(C)  Section 54.05 respecting modification of a previous juvenile court disposition; or</p> <p>(D)  Chapter 55 by a juvenile court committing a child to a facility for the mentally ill or mentally retarded; or</p> <p>(2)  by a person from an order entered under Section 54.11(i)(2) transferring the person to the custody of the Texas Department of Criminal Justice.</p> <p>(d)  A child has the right to:</p> <p>(1)  appeal, as provided by this subchapter;</p> <p>(2)  representation by counsel on appeal; and</p> <p>(3)  appointment of an attorney for the appeal if an attorney cannot be obtained because of indigency.</p> <p>(e)  On entering an order that is appealable under this section, the court shall advise the child and the child’s parent, guardian, or guardian ad litem of the child’s rights listed under Subsection (d) of this section.</p> <p>(f)  If the child and his parent, guardian, or guardian ad litem express a desire to appeal, the attorney who represented the child before the juvenile court shall file a notice of appeal with the juvenile court and inform the court whether that attorney will handle the appeal. Counsel shall be appointed under the standards provided in Section 51.10 of this code unless the right to appeal is waived in accordance with Section 51.09 of this code.</p> <p>(g)  An appeal does not suspend the order of the juvenile court, nor does it release the child from the custody of that court or of the person, institution, or agency to whose care the child is committed, unless the juvenile court so orders. However, the appellate court may provide for a personal bond.</p> <p>(h)  If the order appealed from takes custody of the child from his parent, guardian, or custodian, the appeal has precedence over all other cases.</p> <p>(i)  The appellate court may affirm, reverse, or modify the judgment or order, including an order of disposition or modified disposition, from which appeal was taken. It may reverse or modify an order of disposition or modified order of disposition while affirming the juvenile court adjudication that the child engaged in delinquent conduct or conduct indicating a need for supervision. It may remand an order that it reverses or modifies for further proceedings by the juvenile court.</p> <p>(j)  Neither the child nor his family shall be identified in an appellate opinion rendered in an appeal or habeas corpus proceedings related to juvenile court proceedings under this title. The appellate opinion shall be styled, “In the matter of ……….,” identifying the child by his initials only.</p> <p>(k)  The appellate court shall dismiss an appeal on the state’s motion, supported by affidavit showing that the appellant has escaped from custody pending the appeal and, to the affiant’s knowledge, has not voluntarily returned to the state’s custody on or before the 10th day after the date of the escape. The court may not dismiss an appeal, or if the appeal has been dismissed, shall reinstate the appeal, on the filing of an affidavit of an officer or other credible person showing that the appellant voluntarily returned to custody on or before the 10th day after the date of the escape.</p> <p>(l)  The court may order the child, the child’s parent, or other person responsible for support of the child to pay the child’s costs of appeal, including the costs of representation by an attorney, unless the court determines the person to be ordered to pay the costs is indigent.</p> <p>(m)  For purposes of determining indigency of the child under this section, the court shall consider the assets and income of the child, the child’s parent, and any other person responsible for the support of the child.</p> <p>(n)  A child who enters a plea or agrees to a stipulation of evidence in a proceeding held under this title may not appeal an order of the juvenile court entered under Section 54.03, 54.04, or 54.05 if the court makes a disposition in accordance with the agreement between the state and the child regarding the disposition of the case, unless:</p> <p>(1)  the court gives the child permission to appeal; or</p> <p>(2)  the appeal is based on a matter raised by written motion filed before the proceeding in which the child entered the plea or agreed to the stipulation of evidence.</p> <p>(o)  This section does not limit a child’s right to obtain a writ of habeas corpus.</p> <p>Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1987, 70th Leg., ch. 385, Sec. 14, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 680, Sec. 1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 262, Sec. 48, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1086, Sec. 15, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 74, Sec. 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 15, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 33, eff. Sept. 1, 2001.</p> <p>Amended by:</p> <p>Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.059, eff. September 1, 2009.</p> <p>Acts 2009, 81st Leg., R.S., Ch. 642, Sec. 2, eff. September 1, 2009.</p> <p>Sec. 56.02.  TRANSCRIPT ON APPEAL. (a) An attorney retained to represent a child on appeal who desires to have included in the record on appeal a transcription of notes of the reporter has the responsibility of obtaining and paying for the transcription and furnishing it to the clerk in duplicate in time for inclusion in the record.</p> <p>(b)  The juvenile court shall order the reporter to furnish a transcription without charge to the attorney if the court finds, after hearing or on an affidavit filed by the child’s parent or other person responsible for support of the child that the parent or other responsible person is unable to pay or to give security therefor.</p> <p>(c)  On certificate of the court that a transcription has been provided without charge, payment therefor shall be made from the general funds of the county in which the proceedings appealed from occurred.</p> <p>(d)  The court reporter shall report any portion of the proceedings requested by either party or directed by the court and shall report the proceedings in question and answer form unless a narrative transcript is requested.</p> <p>Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1991, 72nd Leg., ch. 674, Sec. 1, eff. Sept. 1, 1991.</p> <p>Sec. 56.03.  APPEAL BY STATE IN CASES OF VIOLENT OR HABITUAL OFFENDER. (a) In this section, “prosecuting attorney” means the county attorney, district attorney, or criminal district attorney who has the primary responsibility of presenting cases in the juvenile court. The term does not include an assistant prosecuting attorney.</p> <p>(b)  The state is entitled to appeal an order of a court in a juvenile case in which the grand jury has approved of the petition under Section 53.045 if the order:</p> <p>(1)  dismisses a petition or any portion of a petition;</p> <p>(2)  arrests or modifies a judgment;</p> <p>(3)  grants a new trial;</p> <p>(4)  sustains a claim of former jeopardy; or</p> <p>(5)  grants a motion to suppress evidence, a confession, or an admission and if:</p> <p>(A)  jeopardy has not attached in the case;</p> <p>(B)  the prosecuting attorney certifies to the trial court that the appeal is not taken for the purpose of delay; and</p> <p>(C)  the evidence, confession, or admission is of substantial importance in the case.</p> <p>(c)  The prosecuting attorney may not bring an appeal under Subsection (b) later than the 15th day after the date on which the order or ruling to be appealed is entered by the court.</p> <p>(d)  The state is entitled to a stay in the proceedings pending the disposition of an appeal under Subsection (b).</p> <p>(e)  The court of appeals shall give preference in its docket to an appeal filed under Subsection (b).</p> <p>(f)  The state shall pay all costs of appeal under Subsection (b), other than the cost of attorney’s fees for the respondent.</p> <p>(g)  If the respondent is represented by appointed counsel, the counsel shall continue to represent the respondent as appointed counsel on the appeal. If the respondent is not represented by appointed counsel, the respondent may seek the appointment of counsel to represent the respondent on appeal. The juvenile court shall determine whether the parent or other person responsible for support of the child is financially able to obtain an attorney to represent the respondent on appeal. If the court determines that the parent or other person is financially unable to obtain counsel for the appeal, the court shall appoint counsel to represent the respondent on appeal.</p> <p>(h)  If the state appeals under this section and the respondent is not detained, the court shall permit the respondent to remain at large subject only to the condition that the respondent appear in court for further proceedings when required by the court. If the respondent is detained, on the state’s filing of notice of appeal under this section, the respondent is entitled to immediate release from detention on the allegation that is the subject of the appeal. The court shall permit the respondent to remain at large regarding that allegation subject only to the condition that the respondent appear in court for further proceedings when required by the court.</p> <p>(i)  The Texas Rules of Appellate Procedure apply to a petition by the state to the supreme court for review of a decision of a court of appeals in a juvenile case.</p> <p>Added by Acts 2003, 78th Leg., ch. 283, Sec. 25, eff. Sept. 1, 2003.</p> <p>________________</p> <p>Courtesy, Jim Sullivan and Associates, Texas Criminal Trial Lawyers</p> <p>Sugar Land Board Certified Juvenile Lawyer Jim Sullivan can defend your child. You can call Jim Sullivan at <strong>281-546-6428</strong>.<a class="zemanta-pixie-a" title="Enhanced by Zemanta" href="http://www.zemanta.com/"><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/zemified_e.png?x-id=d1d8716f-1034-43cc-892a-a55c7e07b4c8" alt="Enhanced by Zemanta"></a></p> ]]></content:encoded> </item> <item> <title>Texas Juvenile Justice Code – Chapter 54. Judicial Proceedings</title> <link>https://www.houstoncriminaltriallawyer.net/texas-juvenile-justice-code-chapter-54-judicial-proceedings/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Tue, 03 Jan 2012 00:58:38 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Juvenile court]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6246</guid> <description><![CDATA[TEXAS FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CHAPTER 54. JUDICIAL PROCEEDINGS Sec. 54.01. DETENTION HEARING. (a) Except as provided by Subsection (p), if the child is not released under Section 53.02, a detention hearing without a jury shall be held promptly, but not later than the second working day after the child is taken into custody; […]]]></description> <content:encoded><![CDATA[<p align="center">TEXAS FAMILY CODE</p> <p align="center">TITLE 3. JUVENILE JUSTICE CODE</p> <p align="center">CHAPTER 54. JUDICIAL PROCEEDINGS</p> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-thumbnail wp-image-9279" src="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2012/10/Fotosearch_k10785757-1-150x150.jpg" alt="" width="150" height="150" /></a>Sec. 54.01. DETENTION HEARING. (a) Except as provided by Subsection (p), if the child is not released under Section 53.02, a detention hearing without a jury shall be held promptly, but not later than the second working day after the child is taken into custody; provided, however, that when a child is detained on a Friday or Saturday, then such detention hearing shall be held on the first working day after the child is taken into custody.</p> <p>(b) Reasonable notice of the detention hearing, either oral or written, shall be given, stating the time, place, and purpose of the hearing. Notice shall be given to the child and, if they can be found, to his parents, guardian, or custodian. Prior to the commencement of the hearing, the court shall inform the parties of the child’s right to counsel and to appointed counsel if they are indigent and of the child’s right to remain silent with respect to any allegations of delinquent conduct, conduct indicating a need for supervision, or conduct that violates an order of probation imposed by a juvenile court.</p> <p>(c) At the detention hearing, the court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. Prior to the detention hearing, the court shall provide the attorney for the child with access to all written matter to be considered by the court in making the detention decision. The court may order counsel not to reveal items to the child or his parent, guardian, or guardian ad litem if such disclosure would materially harm the treatment and rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sources in the future.</p> <p> </p> <div class="zemanta-pixie" style="margin-top: 10px; height: 15px;"></div> ]]></content:encoded> </item> <item> <title>Texas Juvenile Justice Code – Chapter 52. Proceedings Before and Including Referral to Juvenile Court</title> <link>https://www.houstoncriminaltriallawyer.net/texas-juvenile-justice-code-chapter-52-proceedings-before-and-including-referral-to-juvenile-court/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Mon, 02 Jan 2012 23:47:22 +0000</pubDate> <category><![CDATA[Harris County Juvenile Attorney]]></category> <category><![CDATA[Harris County Juvenile Defense Attorney]]></category> <category><![CDATA[Harris County Juvenile Defense Lawyer]]></category> <category><![CDATA[Harris County Juvenile Lawyer]]></category> <category><![CDATA[Houston Juvenile Attorney]]></category> <category><![CDATA[Houston Juvenile Defense Attorney]]></category> <category><![CDATA[Houston Juvenile Defense Lawyer]]></category> <category><![CDATA[Houston Juvenile Lawyer]]></category> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Harris County]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Juvenile Defense]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6231</guid> <description><![CDATA[TEXAS FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO JUVENILE COURT Sec. 52.01. TAKING INTO CUSTODY; ISSUANCE OF WARNING NOTICE. (a) A child may be taken into custody: (1) pursuant to an order of the juvenile court under the provisions of this subtitle; (2) pursuant to the laws of arrest; (3) by a […]]]></description> <content:encoded><![CDATA[<p align="center"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14012" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png" alt="" width="300" height="223" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center-300x223.png 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harris-County-Juvenile-Justice-Center.png 450w" sizes="(max-width: 300px) 100vw, 300px" /></a>TEXAS FAMILY CODE</p> <p align="center">TITLE 3. JUVENILE JUSTICE CODE</p> <p align="center">CHAPTER 52. PROCEEDINGS BEFORE AND INCLUDING REFERRAL TO JUVENILE COURT</p> <p>Sec. 52.01. TAKING INTO CUSTODY; ISSUANCE OF WARNING NOTICE. (a) A child may be taken into custody:</p> <p>(1) pursuant to an order of the juvenile court under the provisions of this subtitle;</p> <p>(2) pursuant to the laws of arrest;</p> <p>(3) by a law-enforcement officer, including a school district peace officer commissioned under Section 37.081, Education Code, if there is probable cause to believe that the child has engaged in:</p> <p>(A) conduct that violates a penal law of this state or a penal ordinance of any political subdivision of this state;</p> <p>(B) delinquent conduct or conduct indicating a need for supervision; or</p> <p>(C) conduct that violates a condition of probation imposed by the juvenile court;</p> <p>(4) by a probation officer if there is probable cause to believe that the child has violated a condition of probation imposed by the juvenile court;</p> <p>(5) pursuant to a directive to apprehend issued as provided by Section 52.015; or</p> <p>(6) by a probation officer if there is probable cause to believe that the child has violated a condition of release imposed by the juvenile court or referee under Section 54.01.</p> <p>(b) The taking of a child into custody is not an arrest except for the purpose of determining the validity of taking him into custody or the validity of a search under the laws and constitution of this state or of the United States.</p> <p>(c) A law-enforcement officer authorized to take a child into custody under Subdivisions (2) and (3) of Subsection (a) of this section may issue a warning notice to the child in lieu of taking the child into custody if:</p> <p>(1) guidelines for warning disposition have been issued by the law-enforcement agency in which the officer works;</p> <p>(2) the guidelines have been approved by the juvenile board of the county in which the disposition is made;</p> <p>(3) the disposition is authorized by the guidelines;</p> <p>(4) the warning notice identifies the child and describes the child’s alleged conduct;</p> <p>(5) a copy of the warning notice is sent to the child’s parent, guardian, or custodian as soon as practicable after disposition; and</p> <p>(6) a copy of the warning notice is filed with the law-enforcement agency and the office or official designated by the juvenile board.</p> <p>(d) A warning notice filed with the office or official designated by the juvenile board may be used as the basis of further action if necessary.</p> <p>(e) A law-enforcement officer who has probable cause to believe that a child is in violation of the compulsory school attendance law under Section 25.085, Education Code, may take the child into custody for the purpose of returning the child to the school campus of the child to ensure the child’s compliance with compulsory school attendance requirements.</p> <p>Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1993, 73rd Leg., ch. 115, Sec. 2, eff. May 11, 1993; Acts 1995, 74th Leg., ch. 262, Sec. 15, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 6.08, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 8, eff. Sept. 1, 2003.</p> <p>Amended by:</p> <p>Acts 2005, 79th Leg., Ch. 949, Sec. 9, eff. September 1, 2005.</p> <p>Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 16, eff. September 1, 2007.</p> <p>Sec. 52.015. DIRECTIVE TO APPREHEND. (a) On the request of a law-enforcement or probation officer, a juvenile court may issue a directive to apprehend a child if the court finds there is probable cause to take the child into custody under the provisions of this title.</p> <p>(b) On the issuance of a directive to apprehend, any law-enforcement or probation officer shall take the child into custody.</p> <p>(c) An order under this section is not subject to appeal.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 16, eff. Jan. 1, 1996.</p> <p>Sec. 52.0151. BENCH WARRANT; ATTACHMENT OF WITNESS IN CUSTODY. (a) If a witness is in a placement in the custody of the Texas Youth Commission, a juvenile secure detention facility, or a juvenile secure correctional facility, the court may issue a bench warrant or direct that an attachment issue to require a peace officer or probation officer to secure custody of the person at the placement and produce the person in court. Once the person is no longer needed as a witness, the court shall order the peace officer or probation officer to return the person to the placement from which the person was released.</p> <p>(b) The court may order that the person who is the witness be detained in a certified juvenile detention facility if the person is younger than 17 years of age. If the person is at least 17 years of age, the court may order that the person be detained without bond in an appropriate county facility for the detention of adults accused of criminal offenses.</p> <p>Added by Acts 2005, 79th Leg., Ch. 949, Sec. 10, eff. September 1, 2005.</p> <p>Sec. 52.02. RELEASE OR DELIVERY TO COURT. (a) Except as provided by Subsection (c), a person taking a child into custody, without unnecessary delay and without first taking the child to any place other than a juvenile processing office designated under Section 52.025, shall do one of the following:</p> <p>(1) release the child to a parent, guardian, custodian of the child, or other responsible adult upon that person’s promise to bring the child before the juvenile court as requested by the court;</p> <p>(2) bring the child before the office or official designated by the juvenile board if there is probable cause to believe that the child engaged in delinquent conduct, conduct indicating a need for supervision, or conduct that violates a condition of probation imposed by the juvenile court;</p> <p>(3) bring the child to a detention facility designated by the juvenile board;</p> <p>(4) bring the child to a secure detention facility as provided by Section 51.12(j);</p> <p>(5) bring the child to a medical facility if the child is believed to suffer from a serious physical condition or illness that requires prompt treatment;</p> <p>(6) dispose of the case under Section 52.03; or</p> <p>(7) if school is in session and the child is a student, bring the child to the school campus to which the child is assigned if the principal, the principal’s designee, or a peace officer assigned to the campus agrees to assume responsibility for the child for the remainder of the school day.</p> <p>(b) A person taking a child into custody shall promptly give notice of the person’s action and a statement of the reason for taking the child into custody, to:</p> <p>(1) the child’s parent, guardian, or custodian; and</p> <p>(2) the office or official designated by the juvenile board.</p> <p>(c) A person who takes a child into custody and who has reasonable grounds to believe that the child has been operating a motor vehicle in a public place while having any detectable amount of alcohol in the child’s system may, before complying with Subsection (a):</p> <p>(1) take the child to a place to obtain a specimen of the child’s breath or blood as provided by Chapter 724, Transportation Code; and</p> <p>(2) perform intoxilyzer processing and videotaping of the child in an adult processing office of a law enforcement agency.</p> <p>(d) Notwithstanding Section 51.09(a), a child taken into custody as provided by Subsection (c) may submit to the taking of a breath specimen or refuse to submit to the taking of a breath specimen without the concurrence of an attorney, but only if the request made of the child to give the specimen and the child’s response to that request is videotaped. A videotape made under this subsection must be maintained until the disposition of any proceeding against the child relating to the arrest is final and be made available to an attorney representing the child during that period.</p> <p>Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1991, 72nd Leg., ch. 495, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1013, Sec. 15, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1374, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.08, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477, Sec. 5, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 12, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 9, eff. Sept. 1, 2003.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 286, Sec. 1, eff. September 1, 2007.</p> <p>Sec. 52.025. DESIGNATION OF JUVENILE PROCESSING OFFICE. (a) The juvenile board may designate an office or a room, which may be located in a police facility or sheriff’s offices, as the juvenile processing office for the temporary detention of a child taken into custody under Section 52.01. The office may not be a cell or holding facility used for detentions other than detentions under this section. The juvenile board by written order may prescribe the conditions of the designation and limit the activities that may occur in the office during the temporary detention.</p> <p>(b) A child may be detained in a juvenile processing office only for:</p> <p>(1) the return of the child to the custody of a person under Section 52.02(a)(1);</p> <p>(2) the completion of essential forms and records required by the juvenile court or this title;</p> <p>(3) the photographing and fingerprinting of the child if otherwise authorized at the time of temporary detention by this title;</p> <p>(4) the issuance of warnings to the child as required or permitted by this title; or</p> <p>(5) the receipt of a statement by the child under Section 51.095(a)(1), (2), (3), or (5).</p> <p>(c) A child may not be left unattended in a juvenile processing office and is entitled to be accompanied by the child’s parent, guardian, or other custodian or by the child’s attorney.</p> <p>(d) A child may not be detained in a juvenile processing office for longer than six hours.</p> <p>Added by Acts 1991, 72nd Leg., ch. 495, Sec. 2, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 48, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 13, eff. Sept. 1, 2001.</p> <p>Sec. 52.026. RESPONSIBILITY FOR TRANSPORTING JUVENILE OFFENDERS. (a) It shall be the duty of the law enforcement officer who has taken a child into custody to transport the child to the appropriate detention facility or to the school campus to which the child is assigned as provided by Section 52.02(a)(7) if the child is not released to the parent, guardian, or custodian of the child.</p> <p>(b) If the juvenile detention facility is located outside the county in which the child is taken into custody, it shall be the duty of the law enforcement officer who has taken the child into custody or, if authorized by the commissioners court of the county, the sheriff of that county to transport the child to the appropriate juvenile detention facility unless the child is:</p> <p>(1) detained in a secure detention facility under Section 51.12(j); or</p> <p>(2) released to the parent, guardian, or custodian of the child.</p> <p>(c) On adoption of an order by the juvenile board and approval of the juvenile board’s order by record vote of the commissioners court, it shall be the duty of the sheriff of the county in which the child is taken into custody to transport the child to and from all scheduled juvenile court proceedings and appearances and other activities ordered by the juvenile court.</p> <p>Added by Acts 1993, 73rd Leg., ch. 411, Sec. 1, eff. Aug. 30, 1993. Amended by Acts 1997, 75th Leg., ch. 1374, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.09, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1082, Sec. 1, eff. June 18, 1999.</p> <p>Amended by:</p> <p>Acts 2007, 80th Leg., R.S., Ch. 286, Sec. 2, eff. September 1, 2007.</p> <p>Sec. 52.03. DISPOSITION WITHOUT REFERRAL TO COURT. (a) A law-enforcement officer authorized by this title to take a child into custody may dispose of the case of a child taken into custody without referral to juvenile court, if:</p> <p>(1) guidelines for such disposition have been adopted by the juvenile board of the county in which the disposition is made as required by Section 52.032;</p> <p>(2) the disposition is authorized by the guidelines; and</p> <p>(3) the officer makes a written report of the officer’s disposition to the law-enforcement agency, identifying the child and specifying the grounds for believing that the taking into custody was authorized.</p> <p>(b) No disposition authorized by this section may involve:</p> <p>(1) keeping the child in law-enforcement custody; or</p> <p>(2) requiring periodic reporting of the child to a law-enforcement officer, law-enforcement agency, or other agency.</p> <p>(c) A disposition authorized by this section may involve:</p> <p>(1) referral of the child to an agency other than the juvenile court;</p> <p>(2) a brief conference with the child and his parent, guardian, or custodian; or</p> <p>(3) referral of the child and the child’s parent, guardian, or custodian for services under Section 264.302.</p> <p>(d) Statistics indicating the number and kind of dispositions made by a law-enforcement agency under the authority of this section shall be reported at least annually to the office or official designated by the juvenile board, as ordered by the board.</p> <p>Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 18, eff. Jan. 1, 1996; Acts 1999, 76th Leg., ch. 48, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, Sec. 15, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 10, eff. Sept. 1, 2003.</p> <p>Sec. 52.031. FIRST OFFENDER PROGRAM. (a) A juvenile board may establish a first offender program under this section for the referral and disposition of children taken into custody for:</p> <p>(1) conduct indicating a need for supervision; or</p> <p>(2) delinquent conduct other than conduct that constitutes:</p> <p>(A) a felony of the first, second, or third degree, an aggravated controlled substance felony, or a capital felony; or</p> <p>(B) a state jail felony or misdemeanor involving violence to a person or the use or possession of a firearm, illegal knife, or club, as those terms are defined by Section 46.01, Penal Code, or a prohibited weapon, as described by Section 46.05, Penal Code.</p> <p>(b) Each juvenile board in the county in which a first offender program is established shall designate one or more law enforcement officers and agencies, which may be law enforcement agencies, to process a child under the first offender program.</p> <p>(c) The disposition of a child under the first offender program may not take place until guidelines for the disposition have been adopted by the juvenile board of the county in which the disposition is made as required by Section 52.032.</p> <p>(d) A law enforcement officer taking a child into custody may refer the child to the law enforcement officer or agency designated under Subsection (b) for disposition under the first offender program and not refer the child to juvenile court only if:</p> <p>(1) the child has not previously been adjudicated as having engaged in delinquent conduct;</p> <p>(2) the referral complies with guidelines for disposition under Subsection (c); and</p> <p>(3) the officer reports in writing the referral to the agency, identifying the child and specifying the grounds for taking the child into custody.</p> <p>(e) A child referred for disposition under the first offender program may not be detained in law enforcement custody.</p> <p>(f) The parent, guardian, or other custodian of the child must receive notice that the child has been referred for disposition under the first offender program. The notice must:</p> <p>(1) state the grounds for taking the child into custody;</p> <p>(2) identify the law enforcement officer or agency to which the child was referred;</p> <p>(3) briefly describe the nature of the program; and</p> <p>(4) state that the child’s failure to complete the program will result in the child being referred to the juvenile court.</p> <p>(g) The child and the parent, guardian, or other custodian of the child must consent to participation by the child in the first offender program.</p> <p>(h) Disposition under a first offender program may include:</p> <p>(1) voluntary restitution by the child or the parent, guardian, or other custodian of the child to the victim of the conduct of the child;</p> <p>(2) voluntary community service restitution by the child;</p> <p>(3) educational, vocational training, counseling, or other rehabilitative services; and</p> <p>(4) periodic reporting by the child to the law enforcement officer or agency to which the child has been referred.</p> <p>(i) The case of a child who successfully completes the first offender program is closed and may not be referred to juvenile court, unless the child is taken into custody under circumstances described by Subsection (j)(3).</p> <p>(j) The case of a child referred for disposition under the first offender program shall be referred to juvenile court if:</p> <p>(1) the child fails to complete the program;</p> <p>(2) the child or the parent, guardian, or other custodian of the child terminates the child’s participation in the program before the child completes it; or</p> <p>(3) the child completes the program but is taken into custody under Section 52.01 before the 90th day after the date the child completes the program for conduct other than the conduct for which the child was referred to the first offender program.</p> <p>(k) A statement made by a child to a person giving advice or supervision or participating in the first offender program may not be used against the child in any proceeding under this title or any criminal proceeding.</p> <p>(l) The law enforcement agency must report to the juvenile board in December of each year the following:</p> <p>(1) the last known address of the child, including the census tract;</p> <p>(2) the gender and ethnicity of the child referred to the program; and</p> <p>(3) the offense committed by the child.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 19, eff. Jan. 1, 1996. Amended by Acts 1999, 76th Leg., ch. 48, Sec. 2, eff. Sept. 1, 1999.</p> <p>Sec. 52.032. INFORMAL DISPOSITION GUIDELINES. The juvenile board of each county, in cooperation with each law enforcement agency in the county, shall adopt guidelines for the disposition of a child under Section 52.03 or 52.031. The guidelines adopted under this section shall not be considered mandatory.</p> <p>Added by Acts 1999, 76th Leg., ch. 48, Sec. 3, eff. Sept. 1, 1999.</p> <p>Sec. 52.04. REFERRAL TO JUVENILE COURT; NOTICE TO PARENTS. (a) The following shall accompany referral of a child or a child’s case to the office or official designated by the juvenile board or be provided as quickly as possible after referral:</p> <p>(1) all information in the possession of the person or agency making the referral pertaining to the identity of the child and the child’s address, the name and address of the child’s parent, guardian, or custodian, the names and addresses of any witnesses, and the child’s present whereabouts;</p> <p>(2) a complete statement of the circumstances of the alleged delinquent conduct or conduct indicating a need for supervision;</p> <p>(3) when applicable, a complete statement of the circumstances of taking the child into custody; and</p> <p>(4) when referral is by an officer of a law-enforcement agency, a complete statement of all prior contacts with the child by officers of that law-enforcement agency.</p> <p>(b) The office or official designated by the juvenile board may refer the case to a law-enforcement agency for the purpose of conducting an investigation to obtain necessary information.</p> <p>(c) If the office of the prosecuting attorney is designated by the juvenile court to conduct the preliminary investigation under Section 53.01, the referring entity shall first transfer the child’s case to the juvenile probation department for statistical reporting purposes only. On the creation of a statistical record or file for the case, the probation department shall within three business days forward the case to the prosecuting attorney for review under Section 53.01.</p> <p>(d) On referral of the case of a child who has not been taken into custody to the office or official designated by the juvenile board, the office or official designated by the juvenile board shall promptly give notice of the referral and a statement of the reason for the referral to the child’s parent, guardian, or custodian.</p> <p>Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1997, 75th Leg., ch. 1091, Sec. 1, eff. June 19, 1997; Acts 2001, 77th Leg., ch. 136, Sec. 1, 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1297, Sec. 16, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 283, Sec. 11, eff. Sept. 1, 2003.</p> <p>Sec. 52.041. REFERRAL OF CHILD TO JUVENILE COURT AFTER EXPULSION. (a) A school district that expels a child shall refer the child to juvenile court in the county in which the child resides.</p> <p>(b) The board of the school district or a person designated by the board shall deliver a copy of the order expelling the student and any other information required by Section 52.04 on or before the second working day after the date of the expulsion hearing to the authorized officer of the juvenile court.</p> <p>(c) Within five working days of receipt of an expulsion notice under this section by the office or official designated by the juvenile board, a preliminary investigation and determination shall be conducted as required by Section 53.01.</p> <p>(d) The office or official designated by the juvenile board shall within two working days notify the school district that expelled the child if:</p> <p>(1) a determination was made under Section 53.01 that the person referred to juvenile court was not a child within the meaning of this title;</p> <p>(2) a determination was made that no probable cause existed to believe the child engaged in delinquent conduct or conduct indicating a need for supervision;</p> <p>(3) no deferred prosecution or formal court proceedings have been or will be initiated involving the child;</p> <p>(4) the court or jury finds that the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case has been dismissed with prejudice; or</p> <p>(5) the child was adjudicated but no disposition was or will be ordered by the court.</p> <p>(e) In any county where a juvenile justice alternative education program is operated, no student shall be expelled without written notification by the board of the school district or its designated agent to the juvenile board’s designated representative. The notification shall be made not later than two business days following the board’s determination that the student is to be expelled. Failure to timely notify the designated representative of the juvenile board shall result in the child’s duty to continue attending the school district’s educational program, which shall be provided to that child until such time as the notification to the juvenile board’s designated representative is properly made.</p> <p>Added by Acts 1995, 74th Leg., ch. 262, Sec. 20, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 16, eff. June 19, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 17, eff. Sept. 1, 2001.</p> <p>________________</p> <p>Courtesy, Jim Sullivan and Associates, Texas Criminal Trial Lawyers</p> <p>Houston Board Certified Juvenile Lawyer Jim Sullivan can defend your child. You can call Jim Sullivan at <strong>281-546-6428</strong>.</p> ]]></content:encoded> </item> <item> <title>Texas Juvenile Justice Code – Chapter 51. General Provisions</title> <link>https://www.houstoncriminaltriallawyer.net/texas-juvenile-justice-code-chapter-51-general-provisions/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Mon, 02 Jan 2012 23:40:03 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=6224</guid> <description><![CDATA[TEXAS FAMILY CODE TITLE 3. JUVENILE JUSTICE CODE CHAPTER 51. GENERAL PROVISIONS Sec. 51.01.  PURPOSE AND INTERPRETATION. This title shall be construed to effectuate the following public purposes: (1)  to provide for the protection of the public and public safety; (2)  consistent with the protection of the public and public safety: (A)  to promote the concept of punishment for criminal […]]]></description> <content:encoded><![CDATA[<p align="center">TEXAS FAMILY CODE</p> <p align="center">TITLE 3. JUVENILE JUSTICE CODE</p> <p align="center">CHAPTER 51. GENERAL PROVISIONS</p> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-thumbnail wp-image-9279" src="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2012/10/Fotosearch_k10785757-1-150x150.jpg" alt="" width="150" height="150" /></a>Sec. 51.01.  PURPOSE AND INTERPRETATION. This title shall be construed to effectuate the following public purposes:</p> <p>(1)  to provide for the protection of the public and public safety;</p> <p>(2)  consistent with the protection of the public and public safety:</p> <p>(A)  to promote the concept of punishment for criminal acts;</p> <p>(B)  to remove, where appropriate, the taint of criminality from children committing certain unlawful acts; and</p> <p>(C)  to provide treatment, training, and rehabilitation that emphasizes the accountability and responsibility of both the parent and the child for the child’s conduct;</p> <p>(3)  to provide for the care, the protection, and the wholesome moral, mental, and physical development of children coming within its provisions;</p> <p>(4)  to protect the welfare of the community and to control the commission of unlawful acts by children;</p> <p>(5)  to achieve the foregoing purposes in a family environment whenever possible, separating the child from the child’s parents only when necessary for the child’s welfare or in the interest of public safety and when a child is removed from the child’s family, to give the child the care that should be provided by parents; and</p> <p>(6)  to provide a simple judicial procedure through which the provisions of this title are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced.</p> <p>.</p> ]]></content:encoded> </item> <item> <title>Conroe Expunction Attorney / Conroe Expungement Lawyer Jim Sullivan</title> <link>https://www.houstoncriminaltriallawyer.net/conroe-expunction-attorney-conroe-expungement-lawyer-jim-sullivan/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 22 Dec 2011 06:04:00 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/2011/12/22/conroe-expunction-attorney-conroe-expungement-lawyer-jim-sullivan/</guid> <description><![CDATA[[We no longer handle expunctions in Montgomery County] Conroe, Texas Expunction / Expungement Lawyer Jim 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 […]]]></description> <content:encoded><![CDATA[<h4><span style="color: #3366ff;">[We no longer handle expunctions in Montgomery County]</span></h4> <p><span class="zemanta-img separator" style="clear: right;"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="233" height="155" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 233px) 100vw, 233px" /></a></span>Conroe, Texas Expunction / Expungement Lawyer Jim 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:</p> <ol> <li>You were found not guilty at trial,</li> <li>a grand jury no bills (dismisses) your felony case,</li> <li>the prosecutor drops charges before going to trial,</li> <li>a judge dismissed your case before going to trial,</li> <li>your conviction was overturned on appeal and</li> <li>your case was dismissed after successfully completing a Pretrial Diversion program.</li> </ol> <p>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, then they will not know about your prior criminal record and therefore will not treat you differently.</p> <p>If you are being negatively affected by criminal records, your best option may be expungement. You can call the law offices of Jim Sullivan and Associates for a free consultation to discuss your criminal case and explain the legal process. Conroe criminal defense attorneys Jim Sullivan and 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.</p> <p>A Pretrial Diversion program can also help keep your record clean. Jim 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.</p> <p>Conroe expunction / expungement lawyer Jim Sullivan represents clients in criminal and juvenile courts throughout the state of Texas. If you want experienced criminal and juvenile lawyers to protect your legal rights and safeguard your future, you can call attorneys Jim Sullivan and Associates right now at <b>281-546-6428</b>.<img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/pixy.gif?x-id=aed9a86d-31f8-4dd4-b68d-0ab5eae4451b" alt="" /></p> <div class="zemanta-related"></div> ]]></content:encoded> </item> <item> <title>Houston Criminal Defense Lawyer Jim Sullivan Visits Crime Scenes</title> <link>https://www.houstoncriminaltriallawyer.net/houston-criminal-defense-lawyer-jim-sullivan-visits-crime-scenes/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 17 Nov 2011 00:01:42 +0000</pubDate> <category><![CDATA[Attorney Jim Sullivan]]></category> <category><![CDATA[Houston criminal attorney]]></category> <category><![CDATA[Houston Criminal Attorneys]]></category> <category><![CDATA[Houston Criminal Defense Lawyer]]></category> <category><![CDATA[Houston Criminal Lawyer]]></category> <category><![CDATA[Houston Criminal Lawyers]]></category> <category><![CDATA[Houston Juvenile Attorney]]></category> <category><![CDATA[Houston Juvenile Lawyer]]></category> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Harris County]]></category> <category><![CDATA[Houston]]></category> <category><![CDATA[Jim Sullivan]]></category> <category><![CDATA[Lawyer]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=4931</guid> <description><![CDATA[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 Houston criminal defense trial attorney Jim Sullivan visits crime scenes when he defends the accused. There […]]]></description> <content:encoded><![CDATA[<p style="text-align: left;"><em>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</em>. ~Andrew Wyeth, American painter, 20th century</p> <p style="text-align: left;"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Houston criminal defense trial attorney Jim 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? Jim 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 require an expert witness for the defense to examine.</p> <p style="text-align: left;">Attorney Jim Sullivan is Board Certified in Juvenile Law and represents clients in criminal and juvenile courts throughout the state of Texas, including Harris, Fort Bend, Waller, Montgomery, Brazoria, Galveston, Liberty and Chambers counties. Juvenile Law is different than criminal law.</p> <p style="text-align: left;">If you need an experienced Texas Criminal Trial Lawyer, call Attorney Jim Sullivan at <strong>281-546-6428</strong>.</p> ]]></content:encoded> </item> <item> <title>CORPUS CHRISTI, TX & NUECES COUNTY CRIMINAL LAWYERS</title> <link>https://www.houstoncriminaltriallawyer.net/corpus-christi-tx-nueces-county-criminal-lawyers/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Mon, 14 Nov 2011 04:55:52 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Corpus Christi]]></category> <category><![CDATA[Corpus Christi Criminal Attorney]]></category> <category><![CDATA[Corpus Christi Criminal Lawyer]]></category> <category><![CDATA[Corpus Christi Texas]]></category> <category><![CDATA[Nueces County Texas]]></category> <category><![CDATA[Nueces Criminal Attorney]]></category> <category><![CDATA[Nueces Criminal Lawyer]]></category> <guid isPermaLink="false">https://www.houstoncriminaltriallawyer.net/?p=4814</guid> <description><![CDATA[[Update: Due to the pandemic, we no longer practice law in Nueces County] Attorneys Jim Sullivan & Associates, Texas Criminal Defense Attorneys The CORPUS CHRISTI, Texas Criminal Defense Attorneys Sullivan and Associates have handled over 4000 cases and have a collective 55 years experience defending adults and juveniles in criminal, juvenile, and family courts in […]]]></description> <content:encoded><![CDATA[<h4><span style="color: #3366ff;"><strong style="font-size: 22px;"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-13920" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg" alt="" width="300" height="200" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-300x200.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1024x683.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-768x512.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2021/02/Fotosearch_k1243927-1-1-1536x1024.jpg 1536w" sizes="(max-width: 300px) 100vw, 300px" /></a>[Update: Due to the pandemic, we no longer practice law in Nueces County]</strong></span></h4> <p>Attorneys Jim Sullivan & Associates, Texas Criminal Defense Attorneys</p> <p>The CORPUS CHRISTI, Texas Criminal Defense Attorneys Sullivan and Associates have handled over 4000 cases and have a collective 55 years experience defending adults and juveniles in criminal, juvenile, and family courts in NUECES COUNTY and throughout the State of Texas.</p> <p>CORPUS CHRISTI, Texas Lawyer Jim Sullivan is Board Certified in Juvenile Law by the State of Texas.</p> <p>CORPUS CHRISTI, Texas Criminal Defense Lawyers Jim Sullivan and Associates represent clients charged with crimes in State courts in Houston, Galveston, Beaumont, San Antonio, Waco, Dallas, Ft. Worth, Tyler, Sherman, Del Rio, Corpus Christi, Mc Allen, El Paso, Hempstead, Texas and all counties in Texas. The law firm of Jim Sullivan & Associates is located near FM 1960 in northwest Houston, Texas; however, Attorneys Jim Sullivan and Associates appear in all criminal, juvenile, and family courts in Texas.</p> <p>NUECES COUNTY Criminal Defense Attorneys Jim Sullivan and Associates have over 55 years collective experience representing persons accused of committing criminal violations of State law.</p> <p>CORPUS CHRISTI, Texas Criminal Attorneys Jim Sullivan and Associates treat every person they represent as if they were a friend and neighbor. When you call, likely Jim Sullivan or an associate will answer your call themselves. You will be dealing with Attorneys, not secretaries, assistants, or answering machines.</p> <p>If we can be of any assistance, or you just want to talk about your situation, call Nueces County Criminal Defense Attorneys Jim Sullivan & Associates at <strong>281-546-6428</strong>.</p> <p>________________________________________</p> <p><strong>STATE DISTRICT COURTS – NUECES COUNTY, TEXAS</strong></p> <p><strong>28TH District Court of Nueces County Texas</strong><br /> <strong>901 Leopold, Room 803</strong><br /> <strong>Corpus Christi, Texas 78401</strong><br /> <strong>Phone 361-888-0506</strong></p> <p><strong>94th District Court of Nueces County Texas</strong><br /> <strong>901 Leopold, Room 901</strong><br /> <strong>Corpus Christi, Texas 78401</strong><br /> <strong>Phone 361-888-0730</strong></p> <p><strong>105thth District Court of Nueces County Texas</strong><br /> <strong>901 Leopold, Room 802</strong><br /> <strong>Corpus Christi, Texas 78401</strong><br /> <strong>Phone 361-888-0510</strong></p> <p><strong>117th District Court of Nueces County Texas</strong><br /> <strong>901 Leopold, Room 904</strong><br /> <strong>Corpus Christi, Texas 78401</strong><br /> <strong>Phone 361-888-0436</strong></p> <p><strong>148th District Court of Nueces County Texas</strong><br /> <strong>901 Leopold, Room 903</strong><br /> <strong>Corpus Christi, Texas 78401</strong><br /> <strong>Phone 361-888-0333</strong></p> <p><strong>214th District Court of Nueces County Texas</strong><br /> <strong>901 Leopold, Room 902</strong><br /> <strong>Corpus Christi, Texas 78401</strong><br /> <strong>Phone 361-888-0463</strong></p> <p><strong>319th District Court of Nueces County Texas</strong><br /> <strong>901 Leopold, Room 801</strong><br /> <strong>Corpus Christi, Texas 78401</strong><br /> <strong>Phone 361-888-0533</strong></p> <p><strong>347th District Court of Nueces County Texas</strong><br /> <strong>901 Leopold, Room 804</strong><br /> <strong>Corpus Christi, Texas 78401</strong><br /> <strong>Phone 361-888-0593</strong></p> <p><strong>FEDERAL CRIMINAL COURT – CORPUS CHRISTI</strong></p> <p><strong>United States Courthouse</strong><br /> <strong>1133 N. Shoreline Blvd.</strong><br /> <strong>Corpus Christi, TX 78401</strong></p> <p><strong>District Judges:</strong></p> <p><strong>Hayden Head, U.S. District Judge</strong><br /> <strong>Case Manager: Sylvia Syler – Phone 361-888-3369</strong></p> <p><strong>Janis Jack, U.S. District Judge</strong><br /> <strong>Case Manager: Sondra Scotch – Phone 361-888-3245</strong></p> <h6>TEXAS CRIMINAL DEFENSE <a href="http://houstoncriminaltriallawyer.net/">LAWYERS</a></h6> <p>Serving clients throughout Texas, including Houston, Galveston, Angleton, Pearland, Alvin, Sugar Land, Bellville, Clear Lake, Conroe, Pasadena, La Grange, La Porte, Missouri City, Texas City, Friendswood, Richmond, Rosenberg, Corpus Christi, Brownsville, San Antonio, Laredo, El Paso, El Campo, Austin, San Marcos, Dallas, Denton, Plano, Lubbock, Midland, Anahuac, Beaumont, Hempstead, Huntsville, Liberty, The Woodlands, Humble, Tomball, League City, Bellaire, Deer Park, and Katy and other communities in Austin County, Brazoria County, Chambers County, Colorado County, Fayette County, Fort Bend County, Galveston County, Harris County, Jefferson County, Liberty County, Montgomery County, Waller County, Walker County and Wharton County.</p> ]]></content:encoded> </item> <item> <title>LIBERTY, TEXAS & LIBERTY COUNTY CRIMINAL LAWYERS</title> <link>https://www.houstoncriminaltriallawyer.net/liberty-texas-liberty-county-criminal-lawyers/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Sat, 29 Oct 2011 03:12:50 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Liberty County Criminal Lawyer]]></category> <category><![CDATA[Liberty County Texas]]></category> <category><![CDATA[Liberty Criminal Attorney]]></category> <category><![CDATA[Liberty Criminal Lawyer]]></category> <category><![CDATA[Liberty Texas]]></category> <guid isPermaLink="false">http://houstoncriminaltriallawyer.net/?p=4706</guid> <description><![CDATA[[Update: Due to the pandemic, we no longer practice law in Liberty County] LIBERTY, TEXAS & LIBERTY COUNTY CRIMINAL LAWYERS Liberty, Texas Criminal Defense Lawyer James (Jim) Sullivan is an experienced Criminal Defense Attorney. Liberty County Criminal Attorney Jim Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and […]]]></description> <content:encoded><![CDATA[<h4><span style="color: #3366ff;"><strong>[Update: Due to the pandemic, we no longer practice law in Liberty County]</strong></span></h4> <p><strong><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright wp-image-6776 size-medium" title="IMG_1110" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2012/03/IMG_1110-300x225.jpg" alt="" width="300" height="225" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2012/03/IMG_1110-300x225.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2012/03/IMG_1110-1024x768.jpg 1024w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2012/03/IMG_1110.jpg 2048w" sizes="(max-width: 300px) 100vw, 300px" /></a>LIBERTY, TEXAS & LIBERTY COUNTY CRIMINAL LAWYERS </strong></p> <p><strong>Liberty, Texas Criminal Defense Lawyer</strong> <strong>James (Jim) Sullivan is an experienced Criminal Defense Attorney. </strong></p> <p><strong>Liberty County Criminal Attorney Jim Sullivan has successfully fought the government in Jury Trials on behalf of clients in criminal and juvenile courts<strong> since 1994.<br /> </strong></strong></p> <p><strong>Jim Sullivan is also Board Certified in Juvenile Law and recognized statewide as a juvenile law expert.</strong> He has a proven record of defending people from all walks of life, faiths and countries in courts throughout Texas.</p> <p>Defending Your Freedom</p> <p>Jim 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.</p> <p>Proven Results</p> <p>Jim Sullivan gets results. Over the past 25 years, Jim 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.</p> <p>Philosophy</p> <p>Jim 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 Jim 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, Jim Sullivan fights for his clients’ freedom and reputation.</p> <p>Affordable Legal Services</p> <p>Jim Sullivan offers a full range of affordable legal services in his criminal and juvenile defense law practice. Unlike many other attorneys, Jim Sullivan charges separate fees on trial and non-trial cases.</p> <p>Cares About His Clients</p> <p>Jim 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.</p> <p>Reputation</p> <p>Jim Sullivan has a good reputation in the legal community. Jim Sullivan is humbled by fine lawyers who endorse him on <a href="http://www.avvo.com/attorneys/77070-tx-james-sullivan-56132/endorsements.html">AVVO</a>. He is also very grateful for clients who write <a href="http://www.avvo.com/attorneys/77070-tx-james-sullivan-56132/reviews.html">testimonials</a> 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 Jim Sullivan to represent them.</p> <p>The law practice of Jim Sullivan is devoted solely to criminal and juvenile defense. Jim 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.</p> <p>Contact Attorney Jim Sullivan</p> <p>If you are under investigation or have been charged with a crime or delinquency, call Houston criminal defense attorney Jim Sullivan to discuss your case.</p> <p>Jim 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 right now. Don’t go to court alone. To schedule an appointment or to discuss your case, call <strong>281-546-6428</strong> right now.</p> <p>Grand Jury Defense</p> <p>If you are charged with a felony offense, Jim 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 Jim Sullivan’s clients have been able to do this within a few months of being arrested.</p> <p>Board Certified in Juvenile Law</p> <p>Houston Juvenile Attorney Jim Sullivan is Board Certified in Juvenile Law by the Texas Board of Legal Specialization. Juvenile law is different than criminal law.</p> <blockquote><p><em>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</em>. ~Concerned Mom</p></blockquote> <p>Bilingual</p> <p>Jim 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 20 years and have two children. They worship at Christ the Redeemer Catholic Church. Jim Sullivan is also an Eagle Scout.</p> <p>NANCY BOTTS</p> <p>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.</p> <p>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.</p> <p>AREAS OF PRACTICE</p> <p>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.</p> <p>______________</p> <p><strong>Liberty County Court-At-Law</strong></p> <p><strong>Judge Thomas Chambers</strong></p> <p>1923 Sam Houston<br /> Rm. 222<br /> Liberty, Texas 77575<br /> Phone: 936-336-4662</p> <div>Court Coordinator</div> <p>Tiffany Slankard<br /> Phone: 936-336-4662<br /> Fax: 936-334-8177</p> <p>District Courts:</p> <table border="0" cellspacing="2" cellpadding="3"> <tbody> <tr> <td valign="top"><strong>253rd District Court</strong></td> </tr> <tr> <td valign="top">Liberty and Chambers Counties</td> </tr> <tr> <td valign="top"><strong>The Honorable Chap B. Cain, III</strong></td> </tr> <tr> <td valign="top"><strong>Liberty County Office:</strong><br /> 1923 Sam Houston<br /> Rm. 223 (Second Floor of Liberty County Courthouse)<br /> Liberty, Texas 77575<br /> Phone: 936-336-4668<br /> Fax: 936-336-4640<strong>Chambers County Office:</strong><br /> 407 South Main Street (Auxiliary Courtroom)<br /> Anahuac, Texas 77514<br /> Phone: 409-267-8244<br /> Fax: 409-267-8224</td> </tr> </tbody> </table> <table border="0" width="257" cellspacing="2" cellpadding="3"> <tbody> <tr> <td align="left" valign="top"><strong>Court Staff and Information</strong></td> </tr> <tr> <td align="left" valign="top">Court Coordinator</td> </tr> <tr> <td align="left" valign="top">Nan Bagwell<br /> Phone: 936-336-4668 – Liberty County<br /> Fax: 936-334-8175 – Liberty County<br /> Phone: 409-267-8255 – Chambers County<br /> Fax: 409-267-8224 – Chambers County<br /> Mailing Address:<br /> 253rd District Court<br /> 1923 Sam Houston, Room 223<br /> Liberty, TX 77575</td> </tr> <tr> <td align="left" valign="top">Court Reporter</td> </tr> <tr> <td align="left" valign="top">Jo Anne Horn, CSR, RPR, CRR<br /> Phone: 936-334-3210<br /> Fax: 936-334-8175<br /> Mailing Address:<br /> 253rd District Court<br /> 1923 Sam Houston, Room 223<br /> Liberty, TX 77575</td> </tr> </tbody> </table> <table border="0" cellspacing="2" cellpadding="3"> <tbody> <tr> <td valign="top"><strong>75th District Court</strong></td> </tr> <tr> <td valign="top"></td> </tr> <tr> <td valign="top"><strong>The Honorable Mark Morefield</strong></td> </tr> <tr> <td valign="top">1923 Sam Houston<br /> Rm. 304<br /> (Third Floor of Liberty County Courthouse)<br /> Liberty, Texas 77575<br /> Phone: 936-336-4678<br /> Fax: 936-336-4640</td> </tr> </tbody> </table> <table border="0" cellspacing="2" cellpadding="3"> <tbody> <tr> <td align="left" valign="top"><strong>Court Staff and Information</strong></td> </tr> <tr> <td align="left" valign="top">Court Coordinator</td> </tr> <tr> <td align="left" valign="top">Peggy Thrasher<br /> Phone: 936-336-4678<br /> Fax: 936-334-8980<br /> Mailing Address:<br /> 75th District Court<br /> 1923 Sam Houston, Room 304<br /> Liberty, TX 77575</td> </tr> <tr> <td align="left" valign="top">Court Reporter</td> </tr> <tr> <td align="left" valign="top">Clifton Smith, CSR, RPR, CRR<br /> Phone: 936-336-4679<br /> Fax: 936-334-8980<br /> Mailing Address:<br /> 75th District Court<br /> 1923 Sam Houston, Room 304<br /> Liberty, TX 77575</td> </tr> </tbody> </table> <table border="0" width="343" cellspacing="2" cellpadding="3"> <tbody> <tr> <td valign="top"><strong>LIBERTY COUNTY ATTORNEY</strong></td> </tr> <tr> <td valign="top"><strong>WESLEY HINCH</strong></td> </tr> <tr> <td valign="top">1923 Sam Houston, Suite 202<br /> P.O. Box 9127<br /> Liberty, Texas 77575<br /> Phone: 936-336-4650<br /> Fax : 936-336-4568</td> </tr> <tr> <td valign="top"></td> </tr> </tbody> </table> <table border="0" width="275" cellspacing="2" cellpadding="3"> <tbody> <tr> <td rowspan="4"></td> <td valign="top"><strong>District Attorney</strong></td> </tr> <tr> <td valign="top"><strong>Michael R. “Mike” Little</strong></td> </tr> <tr> <td valign="top">P.O. Box 4008<br /> 1923 Sam Houston, Suite 112<br /> Liberty, Texas 77575<br /> Phone: 936-336-4609<br /> Phone: 936-336-4610<br /> Fax : 936-336-4644<br /> (Voice mail activated after hours)</td> </tr> </tbody> </table> <table border="0" cellspacing="2" cellpadding="3"> <tbody> <tr> <td valign="top"><strong>County Clerk</strong></td> </tr> <tr> <td valign="top">Paulette Shivers Williams</td> </tr> <tr> <td valign="top">Mailing Address:<br /> P.O. Box 369<br /> Liberty, Texas 77575Physical Address:<br /> 1923 Sam Houston<br /> Liberty, Texas 77575<br /> Phone: 936-336-4670<br /> Fax : 936-334-8174</td> </tr> </tbody> </table> <table border="0" cellspacing="2" cellpadding="3"> <tbody> <tr> <td rowspan="4"></td> <td valign="top"><strong>District Clerk</strong></td> </tr> <tr> <td valign="top"><strong>Donna G. Brown</strong></td> </tr> <tr> <td valign="top">1923 Sam Houston<br /> Rm. 115<br /> Liberty, Texas 77575<br /> Phone: 936-336-4686</td> </tr> </tbody> </table> <table border="0" width="283" cellspacing="2" cellpadding="3"> <tbody> <tr> <td valign="top"><strong>County Sheriff</strong></td> </tr> <tr> <td valign="top"><strong>Henry Patterson<br /> </strong></td> </tr> <tr> <td valign="top">2400 Beaumont Ave.<br /> Liberty, TX 77575<br /> (936) 336-4500</td> </tr> </tbody> </table> <h6>——————–</h6> <p>LIBERTY COUNTY CRIMINAL LAWYERS</p> <p>Serving clients throughout Texas, including Houston, Galveston, Angleton, Pearland, Alvin, Sugar Land, Bellville, Clear Lake, Conroe, Pasadena, La Grange, La Porte, Missouri City, Texas City, Friendswood, Richmond, Rosenberg, Corpus Christi, Brownsville, San Antonio, Laredo, El Paso, El Campo, Austin, San Marcos, Dallas, Denton, Plano, Lubbock, Midland, Anahuac, Beaumont, Hempstead, Huntsville, Liberty, The Woodlands, Humble, Tomball, League City, Bellaire, Deer Park, and Katy and other communities in Austin County, Brazoria County, Chambers County, Colorado County, Fayette County, Fort Bend County, Galveston County, Harris County, Jefferson County, Liberty County, Montgomery County, Waller County, Walker County and Wharton County.</p> ]]></content:encoded> </item> <item> <title>The Practice of Law Is a Noble Profession. Good Lawyers Do Not Publicly Condemn Their Legal Brethren.</title> <link>https://www.houstoncriminaltriallawyer.net/the-practice-of-law-is-a-noble-profession-good-lawyers-do-not-publicly-condemn-their-legal-brethren/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Wed, 26 Oct 2011 19:26:27 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Advertising]]></category> <category><![CDATA[Criminal code]]></category> <category><![CDATA[Criminal law]]></category> <category><![CDATA[Defense (legal)]]></category> <category><![CDATA[Discourse on judgmentalism]]></category> <category><![CDATA[Hypocrisy]]></category> <category><![CDATA[Law]]></category> <category><![CDATA[Lawyer]]></category> <category><![CDATA[Reputation]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">http://houstoncriminaltriallawyer.net/?p=4222</guid> <description><![CDATA[You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye. ~Matthew 7:5 The practice of law is a noble profession. Good lawyers are principled and ethical. They care about their clients and represent them well. As a result, most new […]]]></description> <content:encoded><![CDATA[<div class="zemanta-img" style="display: block; margin: 1em;"></div> <p style="text-align: justify;"><em><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye</em>. ~Matthew 7:5</p> <p style="text-align: justify;">The practice of law is a noble profession. Good lawyers are principled and ethical. They care about their clients and represent them well. As a result, most new clients come to them from having been referred from other satisfied clients. Indeed, before these modern days of legal advertising, that was usually how lawyers came to represent people. The lawyers’ reputation as competent, capable and caring for their clients was well known among clients and the clients’ families and friends. Their competence and reputation was also known among other lawyers, judges and even jurors who observed them during trial. Even today, this is still how lawyers primarily attract new clients, from referrals or recommendations of other clients, lawyers or people who know them.</p> <p style="text-align: justify;">Good lawyers do not rely solely on print or on-line advertising to attract clients. Indeed, good lawyers do not need to advertise at all. Good lawyers consider other lawyers as their legal brethren, not their competitors. Good lawyers reach out to other lawyers to share their legal knowledge and strategies so that the quality of local legal representation improves faster than just individual lawyers working alone. Good lawyers do not publicly malign, criticize and condemn their legal brethren.</p> <p style="text-align: justify;">No one is perfect. No lawyer is perfect. For an imperfect lawyer seeking to attract clients on-line while at the same time condemning fellow lawyers on-line as a means to both smear the reputation of their “competitors” while at the same time hoping to build their own is just flat wrong and is nothing but pure hypocrisy. Whether that imperfect lawyer offices in a mansion or works out of their home, their public bashing of fellow legal brethren is wrong and further diminishes the public opinion of lawyers in general.</p> ]]></content:encoded> </item> <item> <title>Defendants in Texas State Jail May Be Released Up to 20 Percent Early</title> <link>https://www.houstoncriminaltriallawyer.net/defendants-in-texas-state-jail-may-be-released-up-to-20-percent-early/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Mon, 24 Oct 2011 03:55:29 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Criminal procedure]]></category> <category><![CDATA[Early Release]]></category> <category><![CDATA[Law]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Texas State Jail]]></category> <category><![CDATA[Texas Supreme Court]]></category> <guid isPermaLink="false">http://houstoncriminaltriallawyer.net/?p=4655</guid> <description><![CDATA[Early release from Texas state jails is now possible after House Bill 2649 passed the Texas legislature. H.B. 2649 relates to the award of diligent participation credit to defendants confined in a state jail felony facility and amends Section 15(h), Article 42.12, Code of Criminal Procedure, by amending Subdivision (1) and adding Subdivisions (4), (5), and […]]]></description> <content:encoded><![CDATA[<div class="zemanta-img" style="display: block; margin: 1em;"></div> <p><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a>Early release from Texas state jails is now possible after <strong>House Bill 2649 </strong>passed the Texas legislature. H.B. 2649 relates to the award of diligent participation credit to defendants confined in a state jail felony facility and amends <strong>Section 15(h)</strong>, <strong>Article 42.12</strong>, <strong>Code of Criminal Procedure</strong>, by amending Subdivision (1) and adding Subdivisions (4), (5), and (6). The new law allows certain incarcerated defendants to receive good conduct time for good conduct and diligent participation in specific programs. This good conduct time also may be reduced or removed for bad behavior or other disciplinary infractions. <strong>Defendants may be released up to 20 percent early under the new law</strong>. Prior to this new law, there was no good conduct time available to those defendants confined in a state jail felony facility.</p> <p>The Code of Criminal Procedure is now amended by H.B. 2649 to require the facility director of a state jail facility in which a defendant is confined to report to the sentencing court on the defendant’s conduct and diligent participation in a program while confined in the facility not later than the 30th day before the date on which the defendant will have served 80 percent of the defendant’s sentence. Such report must indicate whether the defendant diligently participated in a substance abuse treatment program or a work, educational, or vocational program. Based on that received report, a judge can credit against any time a defendant is required to serve in a state jail felony facility an additional time for each day the defendant actually serves in the facility for the defendant’s diligent participation in an educational, vocation, treatment, or work program. The time credit cannot exceed 20 percent of the amount of time the defendant is originally required to serve in the facility. A defendant cannot be awarded such a time credit for any period during which the defendant is subject to disciplinary action.</p> <p>The change in law is applied prospectively and took effect September 1, 2011.</p> <p>HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS</p> <p>Serving clients throughout Texas, including Houston, Galveston, Angleton, Pearland, Alvin, Sugar Land, Bellville, Clear Lake, Conroe, Pasadena, La Grange, La Porte, Missouri City, Texas City, Friendswood, Richmond, Rosenberg, Corpus Christi, Brownsville, San Antonio, Laredo, El Paso, El Campo, Austin, San Marcos, Dallas, Denton, Plano, Lubbock, Midland, Anahuac, Beaumont, Hempstead, Huntsville, Liberty, The Woodlands, Humble, Tomball, League City, Bellaire, Deer Park, and Katy and other communities in Austin County, Brazoria County, Chambers County, Colorado County, Fayette County, Fort Bend County, Galveston County, Harris County, Jefferson County, Liberty County, Montgomery County, Waller County, Walker County and Wharton County.</p> ]]></content:encoded> </item> <item> <title>Texas Penal Code – Justification Excluding Criminal Responsibility</title> <link>https://www.houstoncriminaltriallawyer.net/texas-penal-code-justification-excluding-criminal-responsibility/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 29 Sep 2011 20:50:13 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Criminal code]]></category> <category><![CDATA[Law]]></category> <category><![CDATA[Natural person]]></category> <category><![CDATA[Penal Code]]></category> <category><![CDATA[Subsection]]></category> <category><![CDATA[Texas]]></category> <category><![CDATA[Trauma (medicine)]]></category> <guid isPermaLink="false">http://houstoncriminaltriallawyer.net/?p=4456</guid> <description><![CDATA[TEXAS PENAL CODE TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY SUBCHAPTER A. GENERAL PROVISIONS Sec. 9.01. DEFINITIONS. In this chapter: (1) “Custody” has the meaning assigned by Section 38.01. (2) “Escape” has the meaning assigned by Section 38.01. (3) “Deadly force” means force that is intended or known by the actor to cause, or in […]]]></description> <content:encoded><![CDATA[<div class="zemanta-img" style="display: block; margin: 1em;"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-thumbnail wp-image-14031" src="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-150x150.jpg" alt="" width="150" height="150" /></a></div> <div> <p>TEXAS PENAL CODE</p> </div> <div> <p>TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY</p> </div> <div> <p>CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY</p> </div> <div> <p>SUBCHAPTER A. GENERAL PROVISIONS</p> </div> <div> <p>Sec. 9.01. DEFINITIONS. In this chapter:</p> </div> <div> <p>(1) “Custody” has the meaning assigned by Section 38.01.</p> </div> <div> <p>(2) “Escape” has the meaning assigned by Section 38.01.</p> </div> <div> <p>(3) “Deadly force” means force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.</p> </div> <div> <p>(4) “Habitation” has the meaning assigned by Section 30.01.</p> </div> <div> <p>(5) “Vehicle” has the meaning assigned by Section 30.01.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 293, Sec. 1, eff. Sept. 1, 1997.</p> </div> <div> <p>Amended by:</p> </div> <div> <p>Acts 2007, 80th Leg., R.S., Ch. 1, Sec. 1, eff. September 1, 2007.</p> </div> <div> <p>Sec. 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to prosecution that the conduct in question is justified under this chapter.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> </div> <div> <p>Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is justified when force is justified by this chapter if the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> </div> <div> <p>Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor’s purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> </div> <div> <p>Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> </div> <div> <p>Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> </div> <div> <p>SUBCHAPTER B. JUSTIFICATION GENERALLY</p> </div> <div> <p>Sec. 9.21. PUBLIC DUTY. (a) Except as qualified by Subsections (b) and (c), conduct is justified if the actor reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other governmental tribunal, or in the execution of legal process.</p> </div> <div> <p>(b) The other sections of this chapter control when force is used against a person to protect persons (Subchapter C), to protect property (Subchapter D), for law enforcement (Subchapter E), or by virtue of a special relationship (Subchapter F).</p> </div> <div> <p>(c) The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.</p> </div> <div> <p>(d) The justification afforded by this section is available if the actor reasonably believes:</p> </div> <div> <p>(1) the court or governmental tribunal has jurisdiction or the process is lawful, even though the court or governmental tribunal lacks jurisdiction or the process is unlawful; or</p> </div> <div> <p>(2) his conduct is required or authorized to assist a public servant in the performance of his official duty, even though the servant exceeds his lawful authority.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> </div> <div></div> <p><img decoding="async" class="zemanta-pixie-img" style="float: right;" src="http://img.zemanta.com/pixy.gif?x-id=b4bb3b15-ccf3-4536-863d-46cede61e1d5" alt="" /></p> ]]></content:encoded> </item> <item> <title>Texas Penal Code – General Defenses to Criminal Responsibility</title> <link>https://www.houstoncriminaltriallawyer.net/texas-penal-code-general-defenses-to-criminal-responsibility/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 29 Sep 2011 20:36:54 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <guid isPermaLink="false">http://houstoncriminaltriallawyer.net/?p=4452</guid> <description><![CDATA[TEXAS PENAL CODE TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY Sec. 8.01. INSANITY. (a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong. (b) The term “mental disease […]]]></description> <content:encoded><![CDATA[<div class="zemanta-img" style="display: block; margin: 1em;"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-thumbnail wp-image-9285" src="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2014/02/Fotosearch_k1243927-1-150x150.jpg" alt="" width="150" height="150" /></a></div> <div> <p>TEXAS PENAL CODE</p> </div> <p>TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY</p> <p>CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY</p> <p>Sec. 8.01. INSANITY. (a) It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.</p> <div> <p>(b) The term “mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.</p> </div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2640, ch. 454, Sec. 1, eff. Aug. 29, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> <p>Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.</p> <div> <p>(b) Although an actor’s mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> </div> <div> <p>Sec. 8.03. MISTAKE OF LAW. (a) It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken effect.</p> </div> <div> <p>(b) It is an affirmative defense to prosecution that the actor reasonably believed the conduct charged did not constitute a crime and that he acted in reasonable reliance upon:</p> </div> <div> <p>(1) an official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or</p> </div> <div> <p>(2) a written interpretation of the law contained in an opinion of a court of record or made by a public official charged by law with responsibility for interpreting the law in question.</p> </div> <div> <p>(c) Although an actor’s mistake of law may constitute a defense to the offense charged, he may nevertheless be convicted of a lesser included offense of which he would be guilty if the law were as he believed.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> </div> ]]></content:encoded> </item> <item> <title>Texas Penal Code – Criminal Responsibility for Conduct of Another</title> <link>https://www.houstoncriminaltriallawyer.net/texas-penal-code-criminal-responsibility-for-conduct-of-another/</link> <dc:creator><![CDATA[James Sullivan]]></dc:creator> <pubDate>Thu, 29 Sep 2011 20:27:26 +0000</pubDate> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[Associates]]></category> <category><![CDATA[Conviction]]></category> <category><![CDATA[Crime]]></category> <category><![CDATA[Criminal code]]></category> <category><![CDATA[Criminal defense lawyer]]></category> <category><![CDATA[Law]]></category> <category><![CDATA[Lawyer]]></category> <category><![CDATA[Texas]]></category> <guid isPermaLink="false">http://houstoncriminaltriallawyer.net/?p=4448</guid> <description><![CDATA[TEXAS PENAL CODE TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER SUBCHAPTER A. COMPLICITY Sec. 7.01. PARTIES TO OFFENSES. (a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or […]]]></description> <content:encoded><![CDATA[<div class="zemanta-img" style="display: block; margin: 1em;"><a href="https://g.co/kgs/TDi1JH"><img loading="lazy" decoding="async" class="alignright size-medium wp-image-14031" src="https://www.houstoncriminaltriallawyer.netwp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg" alt="" width="300" height="224" srcset="https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-300x224.jpg 300w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-768x575.jpg 768w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-510x382.jpg 510w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-980x733.jpg 980w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse-480x359.jpg 480w, https://www.houstoncriminaltriallawyer.net/wp-content/uploads/2011/06/Harric-County-Criminal-Courthouse.jpg 1024w" sizes="(max-width: 300px) 100vw, 300px" /></a></div> <div> <p>TEXAS PENAL CODE</p> </div> <p>TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY</p> <p>CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER</p> <p>SUBCHAPTER A. COMPLICITY</p> <p>Sec. 7.01. PARTIES TO OFFENSES. (a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.</p> <div> <p>(b) Each party to an offense may be charged with commission of the offense.</p> </div> <div> <p>(c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.</p> </div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> <p>Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. (a) A person is criminally responsible for an offense committed by the conduct of another if:</p> <div> <p>(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;</p> </div> <div> <p>(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or</p> </div> <div> <p>(3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.</p> </div> <div> <p>(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.</p> </div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> <p>Sec. 7.03. DEFENSES EXCLUDED. In a prosecution in which an actor’s criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense:</p> <div> <p>(1) that the actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity; or</p> </div> <div> <p>(2) that the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.</p> </div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> <p>SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS</p> <p>Sec. 7.21. DEFINITIONS. In this subchapter:</p> <div> <p>(1) “Agent” means a director, officer, employee, or other person authorized to act in behalf of a corporation or association.</p> </div> <div> <p>(2) “High managerial agent” means:</p> </div> <div> <p>(A) a partner in a partnership;</p> </div> <div> <p>(B) an officer of a corporation or association;</p> </div> <div> <p>(C) an agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation or association.</p> </div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> <p>Sec. 7.22. CRIMINAL RESPONSIBILITY OF CORPORATION OR ASSOCIATION. (a) If conduct constituting an offense is performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment, the corporation or association is criminally responsible for an offense defined:</p> <div> <p>(1) in this code where corporations and associations are made subject thereto;</p> </div> <div> <p>(2) by law other than this code in which a legislative purpose to impose criminal responsibility on corporations or associations plainly appears; or</p> </div> <div> <p>(3) by law other than this code for which strict liability is imposed, unless a legislative purpose not to impose criminal responsibility on corporations or associations plainly appears.</p> </div> <div> <p>(b) A corporation or association is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed, or recklessly tolerated by:</p> </div> <div> <p>(1) a majority of the governing board acting in behalf of the corporation or association; or</p> </div> <div> <p>(2) a high managerial agent acting in behalf of the corporation or association and within the scope of his office or employment.</p> </div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 4, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> <div> <p>Sec. 7.23. CRIMINAL RESPONSIBILITY OF PERSON FOR CONDUCT IN BEHALF OF CORPORATION OR ASSOCIATION. (a) An individual is criminally responsible for conduct that he performs in the name of or in behalf of a corporation or association to the same extent as if the conduct were performed in his own name or behalf.</p> </div> <div> <p>(b) An agent having primary responsibility for the discharge of a duty to act imposed by law on a corporation or association is criminally responsible for omission to discharge the duty to the same extent as if the duty were imposed by law directly on him.</p> </div> <div> <p>(c) If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation or association, he is subject to the sentence authorized by law for an individual convicted of the offense.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> </div> <div> <p>Sec. 7.24. DEFENSE TO CRIMINAL RESPONSIBILITY OF CORPORATION OR ASSOCIATION. It is an affirmative defense to prosecution of a corporation or association under Section 7.22(a)(1) or (a)(2) that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.</p> </div> <div> <p>Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 5, eff. Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.</p> </div> ]]></content:encoded> </item> </channel> </rss>