James Gary Sullivan’s Answers

James Gary Sullivan

Houston Criminal Defense Attorney.

Contributor Level 11
  1. JUDGE OR JURY WHICH IS BEST IN A FELONY CASE

    Answered over 2 years ago.

    1. James Gary Sullivan
    2. Joshua Sachs
    3. Barry Franklin Poulson
    4. Evan Edward Pierce-Jones
    5. John Robert Kormanik
    6. ···
    6 lawyer answers

    It depends on the type of felony, the circumstances and the judge. As a general rule, it is almost always better to have a jury decide guilt/innocence. In a jury trial, the prosecutor has to convince 12 jurors of guilt, whereas in a bench trial they only have to convince the one judge who is usually a former prosecutor.

    9 lawyers agreed with this answer

  2. Will I spend time in jail for first time DWI if convicted with a prior charge in Harris County?

    Answered over 2 years ago.

    1. James Gary Sullivan
    2. Daniel Nelson Deasy
    3. David R. Lee
    4. Thomas Lane Hooton
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    It is impossible to give a definitive answer. It all depends on the circumstances of the case, the court and the jury. A judge or jury could sentence you up to 6 months in jail, although most first time offenders receive probation. You should talk to a good local DWI defense attorney such as Jim Medley, Mark Theissen or Troy McKinney to discuss your options. Houston has many good DWI attorneys.

    5 lawyers agreed with this answer

  3. How do I show judge it is in the public interest to approve my records sealed?

    Answered over 2 years ago.

    1. James Gary Sullivan
    2. Stephen A. Gustitis
    3. Evan Edward Pierce-Jones
    3 lawyer answers

    Govt Code 411.081d deals with non-disclosure (sealing) of criminal records. The part to which you refer states, "After notice to the state and a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense giving rise to the deferred adjudication." The burden is to show that...

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  4. Can one have a sealed indictment on them and never have been arrested for the crime

    Answered over 2 years ago.

    1. James Gary Sullivan
    2. Russell D. Hunt
    3. Alexander M. Ivakhnenko
    4. Charles K. Kenyon Jr.
    4 lawyer answers

    I wonder how this rumor got started, but, yes, there could be a warrant out for your arrest. A bail bondsman may be able to check for sure, however if it is a pocket warrant the bondsman would not know. Either way, don't give any more statements to the police, and have a good criminal lawyer in your corner in case you are arrested.

    4 lawyers agreed with this answer

  5. Will I have to pay civil charges if 16 year old was reported run away & had a history of running away at the time of theft?

    Answered over 2 years ago.

    1. James Gary Sullivan
    2. Raymond Ellis Daniel
    2 lawyer answers

    As a general rule, stores send out requests for payment because they know that most people will probably send in the payment out of intimidation when, in reality, if pressed at a civil trial, the stores would be hard pressed to prove an actual loss for the amount of money they are demanding. Stores make profits off of these demands. It is unlikely that they will actually pursue the cases in a civil trial. Personally, I would not pay the demand and that is the advice that criminal defense...

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  6. My husband is on felony probation for a 3rd degree assault on a family member. He had failed one drug test.

    Answered over 2 years ago.

    1. James Gary Sullivan
    2. James Regan
    3. Daniel Nelson Deasy
    3 lawyer answers

    If the judge revokes his probation, he is facing between 2 to 10 years in probation. If the judge were to consider allowing him to stay on probation, the judge most likely would have him sit out a month or two in jail as a condition. You should talk to an experienced criminal defense lawyer in your area.

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  7. What is Perjury in Texas? Can the same jury punish someone of Perjury allegedly committed infront of them?

    Answered over 2 years ago.

    1. James Gary Sullivan
    2. Evan Edward Pierce-Jones
    3. Seaborn Gardner Eastland
    3 lawyer answers

    Can the same jury punish someone of Perjury allegedly committed in front of them? The same jury that presided over one criminal trial involving the defendant cannot then convict him of alleged conduct (perjury) that occurred during the trial, however if he is convicted in the trial the jury may factor in his perceived lying to them in the punishment stage (i.e. he may get more time than he would have otherwise).

    3 lawyers agreed with this answer

  8. What should I do

    Answered over 2 years ago.

    1. James Gary Sullivan
    2. Evan Edward Pierce-Jones
    2 lawyer answers

    This seems to be more of an ethical question than a legal question. You were not the one shoplifting nor participating or encouraging her to do so. If she was not stopped leaving the store, she probably is not going to be arrested. In the highly unlikely event that store owners review surveillance video and sees her stealing, they could call police if they have your vehicle license plate. If that were to happen, then you should ask to speak to your lawyer before answering questions because you...

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  9. On my indictment papers it states I'm charged with less than gram state jail felony but when I went to jail i had an oz

    Answered over 2 years ago.

    1. James Gary Sullivan
    2. Evan Edward Pierce-Jones
    2 lawyer answers

    If the official lab results come back with less than one gram, you should consider yourself fortunate to be charged with only a state jail felony. It may be a mistake on the part of the government in which case it probably would not behoove you to correct it.

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  10. Boyfriend arrested for two warrants ASSLT/CBI(FTA) 2011 and P.O.M.(MTR) 2006. Need advice and how much time will be served.

    Answered over 2 years ago.

    1. James Gary Sullivan
    2. Evan Edward Pierce-Jones
    2 lawyer answers

    In addition to what Mr. Pierce-Jones wrote, whether or not your boyfriend serves time will be up to the judge. If the judge sets new bonds (usually double or more than the original) and he pays them, then he will be in the free world while fighting the new assault case. The State may try to prove up the new case in a probation revocation hearing. If the Judge finds by a preponderance of the evidence that he committed a new law violation, the judge can sentence him up to 180 days in jail on...

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