Houston Criminal Lawyer 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 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.
Once an accused is indicted, this option is no longer available. Therefore, time is of the essence in retaining an experienced defense attorney.
The graph below lists almost 70 felony cases that were either no billed by the Grand Jury or dismissed by the State based upon his defense packet since November 2008. Certainly each case is different. Similar results may not be obtained in your case and past performance is no guarantee of future results.
| CRIMINAL OFFENSE | RESULT | CASE # |
| ALL CASES DISMISSED BY GRAND JURY OR THE STATE WERE BASED ON DEFENSE PACKETS | ||
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY THE GRAND JURY (Client was accused of threatening to shoot his wife) | 1773674 |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | NO BILLED BY THE GRAND JURY (Client was accused of choking his 15 year old son) | 1776645 |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY THE GRAND JURY (Client was accused of trying to run over his wife with his pickup truck and her son claimed to be a witness) | 1758820 |
| INJURY TO THE DISABLED | DISMISSED BY THE STATE (Client was accused of injuring her abusive ex. The State failed to present the defense packet to the grand jury, but then after reading the packet agreed to dismiss the case) | 1705424 |
| INJURY TO A CHILD | NO BILLED BY THE GRAND JURY (Client accused of injuring her children by spanking them) | 1700889 |
| INJURY TO A CHILD | NO BILLED BY THE GRAND JURY (Client accused of injuring her children by spanking them) | 1700890 |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | DISMISSED BY THE STATE (Client accused of choking his husband during an argument. The State refused to present the defense packet to the grand jury and instead dismissed the felony charge) | 1722881 |
| AGGRAVATED ROBBERY | NO BILLED BY GRAND JURY (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) | 1721447 |
| BURGLARY OF HABITATION TO COMMIT ASSAULT | NO BILLED BY GRAND JURY (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. | 1725410 |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY GRAND JURY (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 detroying 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) | 1703377 |
| AGGRAVATED ASSAULT | NO BILLED BY GRAND JURY (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) | 1678322 |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | DISMISSED BY THE STATE (Client was accused of choking his wife during an argument. The first prosecutor assigned to the case failed to present the defense packet to the grand jury, but then the next prosecutor agreed to do the right thing and dismissed the case ) | 1658050 |
| ASSAULT OF A FAMILY MEMBER AS SECOND OFFENDER | NO BILLED BY GRAND JURY (Client accused of attacking a younger brother. Client had two prior family violence convictions on his record) | 1675128 |
| ASSAULT OF A FAMILY MEMBER AS SECOND OFFENDER | NO BILLED BY GRAND JURY (Client accused of attacking another younger brother) | 1675129 |
| FAILURE TO STOP AND RENDER AID | NO BILLED BY GRAND JURY (Client accused of seriously injuring a teenager and leaving the scene) | 1654265 |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY GRAND JURY (Client accused of striking her fiancee in the nose, resulting in him needing nasal surgery) | 1652174 |
| AGGRAVATED ASSAULT | NO BILLED BY THE GRAND JURY (Client displayed his pistol to keep a mean drunk from entering his occupied truck outside a bar) | 1613730 |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | NO BILLED BY THE GRAND JURY (Client was accused of choking his girlfriend, however client used a chokehold to defend himself against his then girlfriend who wielded and threatened him with a large knife) | 1603718 |
| AGGRAVATED ASSAULT | NO BILLED BY THE GRAND JURY (Client was falsely accused of “road rage” when he brandished a knife to defend himself from another driver who first threatened him with a handgun) | 1598352 |
| ASSAULT FAMILY MEMBER enhanced with a prior Assault FM case | DISMISSED BY THE STATE (Client accused of slapping her boyfriend during an argument. The State failed to present the defense packet to the grand jury, but then agreed to dismiss the case at the next court setting) | 1602008 |
| INJURY TO A CHILD | NO BILLED BY GRAND JURY (Client used reasonable discipline against her 15 year old daughter and was accused of abusing her. Her daughter stole her car for a second time, she spanked her with a belt to discipline her and the girl lied to the authorities about the circumstances) | 1587642 |
| INJURY TO A CHILD in Montogmery County | NO BILLED BY GRAND JURY (Client was accused by a passerby at the Catfish Festival of dragging his girlfriend’s 8 year old daughter by her hair after she ran off through a crowd of people) | 17-10-12518 |
| INJURY TO A CHILD in Montogmery County | NO BILLED BY GRAND JURY (Client was accused by a passerby at the Catfish Festival of pulling her daughter’s hair after she ran off through a crowd of people) | 17-10-12519 |
| ARSON | NO BILLED BY GRAND JURY (Client accused of starting a gas fire in the garage of a house. Client suffers from epilepsy and the fire started during the postictal period of an epileptic seizure) | 1559536 |
| AGGRAVATED ASSAULT FAMILY MEMBER in Fort Bend County | NO BILLED BY GRAND JURY (Client accused of threatening her mother with a knife) | 17-DCR-079237 |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY GRAND JURY (Client accused of threatening his girlfriend with a knife and inflicting a serious wound on the back of her head) | 1539739 |
| AGGRAVATED SEXUAL ASSAULT OF A CHILD in Galveston County | NO BILLED BY GRAND JURY (Client, a 17 year old teen with autism, accused of forcing his younger special needs brother to give him oral sex) | 17-CR-0197 |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | NO BILLED BY GRAND JURY (Client accused of suffocating his wife with a pillow) | 1535634 |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | NO BILLED BY GRAND JURY (Client accused of choking his immigrant wife, however she actually attacked him and tried to provoke him into hitting her. When he refused, she called 911. He believes she did this so she could then claim she was a battered spouse under mmigration law and petition to stay in the U.S. after a divorce) | 1537660 |
| AGGRAVATED ROBBERY | NO BILLED BY GRAND JURY (Client accused of being the driver in an aggravated robbery) | 1523678 |
| INJURY TO A CHILD | NO BILLED BY GRAND JURY (Client accused of causing bodily injury to her 9 year old daughter. The grand jury agreed that her daughter’s injury was the result of being reasonably disciplined) | 1522880 |
| AGGRAVATED ASSAULT (2° Felony) | NO BILLED BY GRAND JURY (Client, a disabled vet, shot and seriously wounded a former friend who was high on drugs, broke in his house right after being ordered to leave the premises and attempted to attack him) | 1505948 |
| AGGRAVATED ASSAULT in Montgomery County | NO BILLED BY GRAND JURY (Client shot and seriously wounded a violent felon who was trying to steal his car at nighttime) | 16-03-02825 |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY GRAND JURY (Client accused of throwing a 12 lb glass trophy at his father and hitting him in the back) | 1480035 |
| AGGRAVATED ASSAULT FAMILY MEMBER (Felony Habitual) | NO BILLED BY GRAND JURY AFTER FACING 25 YEARS TO LIFE IN PRISON (Client accused of slashing her ex-girlfriend’s face. A witness at the scene supported client’s version that her ex-girlfriend attacked her first with a broken wine bottle and cut her wrist and that her ex-girlfriend was accidentally injured in a struggle over the bottle) | 1478883 |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | NO BILLED BY GRAND JURY (Client accused of choking his wife during an argument) | 1479091 |
| ASSAULT FAMILY MEMBER enhanced with a prior Assault FM case | NO BILLED BY GRAND JURY (Client used reasonable discipline against his 15 year old daughter and was accused of abusing her. She was being rebellious and he spanked her with a belt to discipline her) | 1459744 |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY GRAND JURY (Client accused of trying to run her baby’s daddy over with her Jeep and with their young son on the front passenger seat and in view of two nearby independent witnesses. In reality, he threw his bicycle in front of her Jeep to cause her to come to a screeching halt and then cursed at her. After she drove off, he lied to the witnesses about what happened) | 1467006 |
| INJURY TO A CHILD | NO BILLED BY GRAND JURY (Client accused of causing bodily injury to his 10 year old nephew) | 1446872 |
| SEXUAL ASSAULT | CASE CLOSED BY THE STATE (16 year old juvenile client and 17 year old adult client were both accused of raping a 17 year old female friend. After reading the defense packet for the grand jury, the State chose to close the file without any charges being filed) | CASE NOT YET FILED |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING in Montgomery County | DISMISSED BY THE STATE (Client accused of choking his wife during an argument. The State refused to present the defense packet to the grand jury, dismissed the felony and refiled it as a misdemeanor) | 14-08-09346-CR |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY GRAND JURY (Client shot his brother in the side after his brother stabbed him in the arm. The client’s brother was high on synthetic marihuana) | 1443039 |
| AGGRAVATED ASSAULT | NO BILLED BY GRAND JURY (Client accused of shooting another guy’s motorcycle twice while the guy was on it after the guy had broken the client’s custom table) | 1431964 |
| AGGRAVATED ROBBERY | NO BILLED BY GRAND JURY (Client accused of shooting a gun into the ceiling of a restaurant and robbing patrons of their cell phones) | 1419975 |
| INJURY TO A CHILD | NO BILLED BY GRAND JURY (Client, an officer in law enforcement, used reasonable discipline against his teenage daughter and was accused of abusing her) | CASE NOT YET FILED |
| SEXUAL ASSAULT in Brazoria County | NO BILLED BY GRAND JURY (Client, an elected official, was accused of sexual assault by his girlfriend) | CASE NOT YET FILED |
| INJURY TO A CHILD in Matagorda County | NO BILLED BY GRAND JURY (Client used reasonable discipline against her 10 year son and was accused of abusing him after she accidentally slapped him on his side when he was resisting the hand spanking) | CASE NOT YET FILED |
| INDECENCY WITH A CHILD in Montgomery County | NO BILLED BY GRAND JURY (Client accused of sexually abusing his 16 year old nephew) | CASE NOT YET FILED |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | NO BILLED BY GRAND JURY (Client accused of choking his girlfriend during an argument) | 1356656 |
| INJURY TO A CHILD | 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) | 1340646 |
| ASSAULT FAMILY MEMBER/IMPEDING BREATHING | NO BILLED BY GRAND JURY (Client accused of choking his wife during an argument) | 1336650 |
| AGGRAVATED ASSAULT FAMILY MEMBER | NO BILLED BY GRAND JURY (Client accused of intentionally trying to drive into and strike her girlfriend) | 1341002 |
| EVADING BY MOTOR VEHICLE | 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) | 1338389 |
| SEXUAL ASSAULT OF A CHILD | NO BILLED BY GRAND JURY (Client accused of having sex with 16 year old girl who falsely claimed she was 18) | 1332791 |
| BURGLARY OF A HABITATION | 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) | 1321679 |
| AGGRAVATED ASSAULT | NO BILLED BY GRAND JURY (Client accused of intentionally driving into and striking the new girlfriend of her ex-boyfriend) | 1302447 |
| AGGRAVATED ASSAULT | NO BILLED BY GRAND JURY (Client accused of hitting man in head with beer bottle outside a bar; client claimed self-defense) | 1302814 |
| AGGRAVATED ASSAULT AGAINST PUBLIC SERVANT | NO BILLED BY GRAND JURY (Police Officer shot at 4 unarmed teenagers in a truck and claimed that client pointed a gun at him) | 1291937 |
| AGGRAVATED ASSAULT | NO BILLED BY GRAND JURY (Client accused of hitting other woman in head with metal pole) | 1281977 |
| 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) | 1281428 |
| SEXUAL ASSAULT OF A CHILD | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) | 1283460 |
| AGGRAVATED ASSAULT | NO BILLED BY GRAND JURY (Client accused of injuring another man, using knuckles) | 1275771 |
| AGGRAVATED ASSAULT | 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) | 1270564 |
| SEXUAL ASSAULT OF A CHILD | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) | 1264919 |
| FORGERY OF A FINANCIAL INSTRUMENT | NO BILLED BY GRAND JURY (Client accused of knowingly passing a counterfeit $100 bill at store) | 1252585 |
| AGGRAVATED SEXUAL ASSAULT OF A CHILD | NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law) | 1241754 |
| AGGRAVATED SEXUAL ASSAULT OF A CHILD | NO BILLED BY GRAND JURY (Client accused of molesting his sister-in-law) | 1241755 |
| SEXUAL ASSAULT OF A CHILD | NO BILLED BY GRAND JURY (Client accused of consensual sex with underage female) | 1231727 |
| AGGRAVATED ASSAULT | NO BILLED BY GRAND JURY | 1203539 |
| BURGLARY OF A HABITATION WITH INTENT TO COMMIT ASSAULT | NO BILLED BY GRAND JURY (Client was accused of breaking into an apartment and attacking the occupants after a drug deal went bad) | 1182231 |
