(1)
Grand Jury and, if indicted,
(2)
Jury Trial
If the Grand Jury votes that probable cause (i.e. a
probability) does not exist to believe that the accused committed the offense,
the case is no billed (dismissed). If
the Grand Jury votes that probable cause does exist, then the case is true
billed (indicted). If a case is
indicted, then the accused may have to have a Jury Trial in order to get the
best result. A Jury Trial is more
expensive and involves much more time and legal work.
Because prosecutors in Montgomery county generally seek to present felony cases
to the Grand Jury between the first and second court setting, it is extremely
important to hire a defense attorney right away. Unless a defense attorney requests that the
prosecutor hold the case from the Grand Jury in order to prepare a defense
packet, the prosecutor will seek an indictment from the Grand Jury soon after
the felony charge is filed.
NOTE:
In some counties, prosecutors usually present the case to a Grand
Jury to secure an indictment before an arrest warrant is issued. Therefore, it is extremely important to hire a good defense attorney
while the criminal case is under investigation.
Recently, in Montgomery County, a young man was being investigated for aggravated assault and tampering with evidence. The man's family hired James Sullivan who immediately contacted the DA's office in Conroe and asked that the case be held from the Grand Jury. A few months later, based upon the defense packet Sullivan prepared, the Grand Jury no billed the case. The client's mother was so grateful she posted this review on the AVVO website:
Recently, in Montgomery County, a young man was being investigated for aggravated assault and tampering with evidence. The man's family hired James Sullivan who immediately contacted the DA's office in Conroe and asked that the case be held from the Grand Jury. A few months later, based upon the defense packet Sullivan prepared, the Grand Jury no billed the case. The client's mother was so grateful she posted this review on the AVVO website:
On March 4, 2016, my son was arrested and charged with aggravated assault in Montgomery County. Around 1am that night 5 men came to my son’s apartment in 2 different vehicles, one stolen along with guns, ski masks and gloves. My son heard them outside and looked from the balcony and saw one of them attempting to steal his car. Afraid and uncertain he grabbed his gun and yelled "get the hell away from my car!" The other 4 guys were heading to his apartment so my son fired 3-4 warning shots with the intention to scare them away. Unfortunately he struck one of them in the chest and they took off.
Not realizing at the time that one of them was hit he went back into the apartment. A couple hours later my son’s apartment was surrounded by state police and detectives. After receiving a phone call from the officers telling him what he had done he was left to surrender, but before he surrendered and afraid to go outside he dismembered the gun because he didn’t want the officers to think he was armed and dangerous.
Four days later we hired criminal defense lawyer James Sullivan to defend my son. That same day James visited my son in the jail and began to investigate his case. My son’s bond was $100,000 and he was a first time offender with a good history and awesome background, however he had gotten into a situation and we needed the best lawyer with a lot of experience and knowledge regarding criminal matters.
James Sullivan asked the prosecutor to hold the case from the grand jury so he could prepare a defense and also fought to get his bond lowered. After 3 court and bond hearings, James got the bond lowered from $100,000 all the way down to $15,000 and then we got him out. James then worked meticulously with my son, prepared and turned in a defense packet and a month later the grand jury dismissed his aggravated assault. However the prosecutor pushed for and got an indictment for tampering with evidence. The next day James went to court and fought to get a low bond on the new case of only $1,500 so that my son would not go back to jail.
We were thrilled to get the aggravated assault charge dismissed because it was the most serious but fully expected him to have to plead to the new charge. However at the next court hearing James Sullivan refused to settle and persuaded the prosecutor to do the right thing and dismiss the tampering charge as well. James knew that my son was not only a first time offender but also a hard working young man that was afraid for his life and simply defended himself and his property. After an almost 6 month ordeal, my son got his life back. I have never personally met Mr. Sullivan. I live several states away, but he handled these cases as if I was a resident in Texas. I am so pleased with his good work that not only would I highly recommend him to others but I will definitely keep him around. Hopefully we will never need his services again but if we do James Sullivan is definitely the man that you can count on to help you and defend you properly. ~Andreda Chapman (Google review)
Once an accused is indicted, this option is no longer
available. Therefore, time is of the
essence in retaining an experienced defense attorney.
Since 1994, Conroe Criminal Lawyer James Sullivan has worked
to get dozens of felony cases no billed by the Grand Jury. These felony cases include Sexual Assault of
a Child, Attempted Murder, Aggravated Robbery, Aggravated Sexual Assault of a
Child, Aggravated Assault, Assault Family Member by Impeding Breathing
(choking), Forgery, Evading Arrest by Motor Vehicle and Burglary of a Habitation. The graph below lists 22 of the 55 felony
cases that were no billed since November 2008.
DATE
|
CASE #
|
CT #
|
TEXAS CRIMINAL OFFENSE
|
ACTUAL RESULT
|
ALL CASES
NO BILLED BY GRAND JURY WERE BASED ON DEFENSE PACKETS
|
||||
11/06/12
|
CASE NOT YET FILED
|
INDECENCY WITH A CHILD (2° Felony) IN MONTGOMERY COUNTY
|
NO BILLED BY GRAND JURY (Client accused of
sexually abusing his 16 year old nephew)
|
|
09/21/12
|
1356656
|
180TH
|
ASSAULT FAMILY MEMBER/IMPEDING
BREATHING (3° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
choking his girlfriend during an argument)
|
08/17/12
|
1340646
|
184TH
|
INJURY TO A CHILD (1° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
breaking his infant son’s leg and 3 ribs. The hospital ER physician did not
consider other medical disorders as a cause)
|
05/30/12
|
1336650
|
351ST
|
ASSAULT FAMILY MEMBER/IMPEDING
BREATHING (3° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
choking his wife during an argument)
|
05/25/12
|
1341002
|
183RD
|
AGGRAVATED ASSAULT FAMILY MEMBER (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
intentionally trying to drive into and strike her girlfriend)
|
05/18/12
|
1338389
|
339TH
|
EVADING BY MOTOR VEHICLE (3° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
evading police in her car when she drove about ½ mile after the officer
switched on his strobe lights)
|
04/19/12
|
1332791
|
185TH
|
SEXUAL ASSAULT OF A CHILD (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of having
sex with 16 year old girl who falsely claimed she was 18)
|
12/07/11
|
1321679
|
184TH
|
BURGLARY OF A HABITATION (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused breaking
into home while homeowner was home, however client had credible alibi
witnesses at the time of the alleged burglary)
|
07/15/11
|
1302447
|
232ND
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
intentionally driving into and striking the new girlfriend of her
ex-boyfriend)
|
05/27/11
|
1302814
|
232ND
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
hitting man in head with beer bottle outside a bar; client claimed self-defense)
|
05/20/11
|
1291937
|
263RD
|
AGGRAVATED ASSAULT AGAINST PUBLIC SERVANT (1° Felony)
|
NO BILLED BY GRAND JURY (Police Officer shot
at 4 unarmed teenagers in a truck and claimed that client pointed a gun at
him)
|
01/06/11
|
1281977
|
174TH
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
hitting other woman in head with metal pole)
|
01/05/11
|
1281428
|
174TH
|
ASSAULT FAMILY VIOLENCE 2nd OFFENDER (Felony Habitual)
|
NO BILLED BY GRAND JURY AFTER FACING 25 YEARS
TO LIFE IN PRISON (Client accused of hitting wife multiple times after both
had been drinking)
|
12/03/10
|
1283460
|
232ND
|
SEXUAL ASSAULT OF A CHILD (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
consensual sex with underage female)
|
10/21/10
|
1275771
|
180TH
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
injuring another man, using knuckles)
|
09/23/10
|
1270564
|
176TH
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY (Client was accused
of using a knife to threaten another man who the client accused of stealing his
property from his apartment)
|
08/24/10
|
1264919
|
232ND
|
SEXUAL ASSAULT OF A CHILD (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
consensual sex with underage female)
|
04/08/10
|
1252585
|
262ND
|
FORGERY OF A FINANCIAL INSTRUMENT (3° FELONY)
|
NO BILLED BY GRAND JURY (Client accused of
knowingly passing a counterfeit $100 bill at store)
|
02/24/10
|
1241754
|
177TH
|
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
molesting his sister-in-law)
|
02/24/10
|
1241755
|
177TH
|
AGGRAVATED SEXUAL ASSAULT OF A CHILD (1° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
molesting his sister-in-law)
|
11/23/09
|
1231727
|
179TH
|
SEXUAL ASSAULT OF A CHILD (2° Felony)
|
NO BILLED BY GRAND JURY (Client accused of
consensual sex with underage female)
|
05/20/09
|
1203539
|
337TH
|
AGGRAVATED ASSAULT (2° Felony)
|
NO BILLED BY GRAND JURY
|
11/13/08
|
1182231
|
179TH
|
BURGLARY OF A HABITATION WITH INTENT TO COMMIT ASSAULT (1°
Felony)
|
NO BILLED BY GRAND JURY (Client was accused
of breaking into an apartment and attacking the occupants after a drug deal
went bad)
|
Attorney James Sullivan is an experienced Montgomery County Criminal Attorney serving Greater Houston and Texas since 1994. James Sullivan is also Board Certified in
Juvenile Law by the Texas Board of Legal Specialization. Call James Sullivan and Associates at 281-546-6428 for a free consultation.
