James Gary Sullivan’s Answers

James Gary Sullivan

Houston Criminal Defense Attorney.

Contributor Level 11
  1. Can you be charged with a crime if it is discovered due to the occurrence of a crime which is unrelated?

    Answered about 2 years ago.

    1. James Gary Sullivan
    2. Robert A. Stumpf
    3. James Regan
    4. Peter Charles Amuso
    4 lawyer answers

    I wonder what legal basis the police had to get a valid search warrant. And, what physical evidence they would have to support this alleged hearsay sale of weed? I don't see how they can charge him with possession or delivery of marihuana absent some physical evidence linking him to this alleged transaction. Possession means exercising care, custody and control. From your example, the police did not find any marihuana, so how are they going to prove possession or delivery? They can't.

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  2. Hi I just finished my ptd and my lawyer tells me that i can make a case that clean my recorder, is it possible?

    Answered about 2 years ago.

    1. James Gary Sullivan
    2. Evan Edward Pierce-Jones
    3. Lee Keller King
    3 lawyer answers

    In pretrial diversion contracts in Harris County, the District Attorney's office usually puts into their contracts that the defendant cannot seek an expunction until a full 2 years after the end of the PTD, so make sure you check your contract before wasting the $245 filing fee plus attorney fees. As far as the fees go, $500 is very low, as this is a time consuming process. The civil petition is filed in Civil District courts. It is a lawsuit and must be drafted properly, especially as to...

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  3. What should I do about a class b misdemeanor for theft?

    Answered about 2 years ago.

    1. M Elizabeth Gunn
    2. James Gary Sullivan
    3. Michael Hardie Moore
    4. Kelly Denise Benavides
    5. Benjamin J Lieberman
    5 lawyer answers

    You were arrested for a class B misdemeanor Theft. You definitely need to hire an attorney to have a chance at this not being on your record. The Harris County District Attorney's office is NOT going to dismiss the case just because you set it for trial. If anything, at trial, if the jury believes the loss prevention officer (irrespective of whether or not the Judge allows any incriminating statements that you may have made to the officer into evidence), you almost certainly will be found...

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  4. Question Juvenile law in Texas

    Answered about 2 years ago.

    1. James Gary Sullivan
    2. Theresa Cay Langford
    2 lawyer answers

    Once a juvenile has successfully completed her probation, the court loses jurisdiction over the juvenile. If a juvenile in fact violates probation, the State must file a Violation of Probation before the term of probation is over, otherwise it is too late. So, based on the information you have provided, I would say that she cannot be held accountable.

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  5. Do I pay or not pay Palmer, Reifler, & Associates?

    Answered about 2 years ago.

    1. Stuart M Nachbar
    2. Mark M Cheser
    3. James Gary Sullivan
    4. Jason T Komninos
    4 lawyer answers

    Defense attorneys usually advise clients not to pay demand letters in these situations, albeit it is a risk that you take that they might sue. As a practical matter, it rarely occurs.

    4 lawyers agreed with this answer

  6. What happens next now that my sister violated her probation and now is in jail?

    Answered about 2 years ago.

    1. James Gary Sullivan
    2. Mason Jeremy Lee
    3. Robert Pecco Baker
    3 lawyer answers

    I have successfully represented many people in Harris county accused of violating felony probation. If her probation is revoked, she is facing 2 to 20 years in prison with credit for her back time. However, if she has a drug problem or some other mitigating circumstances, I may be able to get her into a program in lieu of actual prison. It all depends on the court that she is in and the full circumstances of her case.

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  7. If I' ve the civil penalty will.they take me to court?

    Answered about 2 years ago.

    1. James Gary Sullivan
    2. Amanda Michelle Webb
    2 lawyer answers

    If you paid the fine, you probably will have a class C misdemeanor on your record and ought not have to go to court. If the fine you paid was not to the court but to the store as in a demand letter, then you should go to court to request a 90 day deferred so that you will not have a conviction on your record.

    2 lawyers agreed with this answer

  8. What do I do if I was shoplifting at walmart and it was under 3@

    Answered about 2 years ago.

    1. James Gary Sullivan
    2. Amanda Michelle Webb
    2 lawyer answers

    Unless they send you a complain and a summons to appear in small claims court (highly unlikely), then you do not have to send in any money. Companies make a big profit when people send in the money especially as their actual damages are much less than what they are demanding.

    2 lawyers agreed with this answer

  9. What do I do if I was shoplifting at walmart and it was under 3@

    Answered about 2 years ago.

    1. James Gary Sullivan
    2. Amanda Michelle Webb
    2 lawyer answers

    Unless they send you a complain and a summons to appear in small claims court (highly unlikely), then you do not have to send in any money. Companies make a big profit when people send in the money especially as their actual damages are much less than what they are demanding.

    2 lawyers agreed with this answer

  10. What do I do if I was shoplifting at walmart and it was under 3@

    Answered about 2 years ago.

    1. James Gary Sullivan
    2. Amanda Michelle Webb
    3. Christopher Garrett Morales
    3 lawyer answers

    Unless they send you a complain and a summons to appear in small claims court (highly unlikely), then you do not have to send in any money. Companies make a big profit when people send in the money especially as their actual damages are much less than what they are demanding.

    2 lawyers agreed with this answer

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