Accused of a Felony in Montgomery County Texas? Attorney James Sullivan Gets Cases Dismissed by Grand Jury

Conroe Criminal Lawyers

Montgomery County Texas Felony Attorney James Sullivan has a proven record (see below) in getting felony cases no billed (dismissed) by the Grand Jury. When a person is accused of a felony offense, there may be the possibility of his defense attorney winning his felony case at the Grand Jury level.  Depending on the facts and circumstances of the case, this may or may not be a viable option, so it is important to talk to an experienced criminal defense attorney.  With this strategy, the accused in effect has two chances to win his case before a jury:

(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:

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.