If you are being accused of a sex crime in Texas, the most critical steps include exercising your right to remain silent, refusing to speak with police without an attorney present, and contacting an experienced sex crime lawyer immediately.
You must also preserve all evidence that could support your defense, avoid any contact with your accuser, and stop all social media activity to prevent prosecutors from using your words or actions against you.
Texas treats sex crime allegations with extreme seriousness, imposing harsh penalties that can include decades in prison, lifetime sex offender registration, and permanent restrictions on where you can live and work. The investigation process moves quickly, with law enforcement using sophisticated tactics like pretext calls and digital forensics to build their case.
Understanding your rights during arrest, the bond process, and potential defenses becomes essential for anyone facing these life-altering accusations.
First Steps To Take After A Sex Crime Accusation
The actions you take in the first 24 hours after learning about a sex crime accusation will determine your entire case outcome. Texas law enforcement moves fast on these investigations, and panic-driven mistakes cannot be undone.
Even innocent people who try to explain themselves often provide statements that prosecutors later twist into admissions of guilt. False accusations of sex crimes happen more often than you might think, making your immediate response critical regardless of whether the accusation has any truth to it.
Speaking With The Police Or The Accuser
You have a constitutional right to remain silent. This means you can legally refuse to answer any questions from police without facing additional charges.
When officers approach you, clearly state: “I am exercising my right to remain silent and I want an attorney.” Texas police are trained interrogators who will try to make you feel comfortable talking, but everything you say becomes evidence against you.
Your natural instinct will be to “clear things up” or explain what really happened. This almost always makes your situation worse. Do not contact your accuser for any reason – even asking why they made the accusation can result in witness tampering charges.
Preserving Evidence
Time works against you because digital evidence disappears, surveillance footage gets overwritten, and witness memories fade. You must immediately secure anything that could prove your innocence or contradict the accuser’s timeline.
Critical evidence to preserve includes:
- Text messages and emails: Screenshot everything with timestamps visible, including conversations with the accuser
- Location data: Save your Google Timeline, iPhone location history, or GPS logs that show where you were
- Financial records: Gather credit card statements, ATM receipts, and ride-share records that establish your whereabouts
- Witness information: Write down names and phone numbers of anyone who saw you during the alleged incident
- Physical items: Keep receipts, clothing, or photos from the day in question
Never delete anything from your devices, even embarrassing content. Prosecutors can often recover deleted files and will argue that deletion shows you knew you were guilty.
Refrain From Posting On Social Media
Stop all social media activity immediately. Prosecutors and accusers actively monitor your accounts looking for anything they can use against you.
An innocent photo at dinner could be twisted into evidence that you don’t take the situation seriously. A joke post could be presented as proof of bad character. Set all profiles to maximum privacy, but do not delete accounts or posts as this looks like destroying evidence.
Call An Experienced Sex Crime Attorney
Call an experienced sex crime attorney the moment you learn you’re under investigation. Sex crime defense requires specialized knowledge of Texas laws, forensic procedures, and police tactics that general criminal lawyers may not have.
Early involvement from Scheiner DWI & Criminal Defense Lawyers can sometimes prevent charges from being filed at all. Everything you tell your lawyer is protected by attorney-client privilege, meaning it stays confidential. Your attorney can handle all communication with police without giving them ammunition for their case.
What Happens After A Sex Crime Arrest In Texas
Sex crime arrests often happen without warning – at your home, workplace, or during a traffic stop. You’ll be taken to jail for booking, which includes fingerprinting, photographing, and possibly DNA collection.
Everything you say during booking is recorded and can be used as evidence. Within 48 hours, you’ll have a magistrate hearing where a judge reads your rights and sets bond. The judge will likely issue a no-contact order prohibiting any communication with the alleged victim.
How Do Bail And Bond Conditions Work
Texas courts rarely grant personal recognizance bonds for sex crime accusations. Personal recognizance means being released on your promise to appear in court. Instead, you’ll likely need a surety bond, which requires paying a bondsman a percentage of the total bond amount.
Bond conditions are strict and must be followed exactly:
- No-contact orders: You cannot communicate with the alleged victim directly, through others, or on social media
- Geographic restrictions: You may be banned from schools, parks, or the victim’s neighborhood
- Electronic monitoring: GPS ankle monitors track your location 24/7
- Curfews: You must be home during specified hours
- Internet restrictions: Limited computer and phone use, especially if the case involves online activity
Violating any condition means immediate jail time and higher bond. We can request modifications for work or family necessities.
What Is A Pretext Call And How Should You Respond
A pretext call is a police tactic where your accuser calls you while detectives record the conversation. The accuser, coached by police, tries to get you to admit wrongdoing by sounding upset, apologetic, or asking leading questions like “Why did you do that to me?”
The only correct response is to hang up immediately without saying anything. Even silence can be interpreted as guilt. Call your attorney right away to report the attempted contact.
What Happens With Device Searches And SANE Exams
A Sexual Assault Nurse Examiner (SANE) exam is a medical procedure performed on alleged victims to collect DNA and physical evidence. While you cannot control whether an accuser gets this exam, understanding what it involves helps your defense strategy.
Never consent to searches of your phone, computer, or other devices without a warrant. Police use forensic tools that recover deleted texts, browser history, and private files. Refusing consent is your constitutional right and cannot be used as evidence of guilt.
What Penalties And Registration Could You Face
Texas imposes some of the harshest sex crime penalties in the nation. The specific punishment depends on the charge, but all felony sex crimes carry prison time and most require lifetime sex offender registration.
Common charges and penalties include:
- Sexual Assault: Second-degree felony with 2-20 years prison, up to $10,000 fine, lifetime registration
- Aggravated Sexual Assault: First-degree felony with 5-99 years or life in prison, up to $10,000 fine, lifetime registration
- Indecency with a Child: Second or third-degree felony with 2-20 years prison, lifetime registration if involving contact
Sex offender registration means your photo, address, and crime details are posted on public websites. You face restrictions on where you can live and work, must report to police regularly, and neighbors receive notifications about your presence. Registration also affects professional licenses, child custody rights, and immigration status.
What Defenses Might Apply To Your Case
Sex crime accusations are not convictions, and many effective defenses exist depending on your case facts. Unlike TV shows, these cases often lack physical evidence and come down to credibility battles between you and your accuser.
Effective defense strategies include:
- Consent: In adult cases, proving the activity was consensual through text messages, witness testimony, or relationship history
- False allegations: Investigating the accuser’s motives, such as revenge from a breakup or advantage in custody disputes
- Mistaken identity: Challenging eyewitness identification, especially in cases involving strangers or unclear circumstances
- Alibi evidence: Proving you were elsewhere when the alleged crime occurred through receipts, witnesses, or electronic records
- Constitutional violations: Suppressing evidence obtained through illegal searches or coerced statements
We investigate every angle, from challenging forensic evidence to exposing inconsistencies in the accuser’s story. Character witnesses who can testify to your good reputation also play important roles in creating reasonable doubt.
How We Protect You Before Charges Are Filed
The pre-charge phase occurs between when police start investigating and prosecutors decide whether to file formal charges. This period offers your best chance to avoid criminal charges entirely.
We can submit evidence packets directly to prosecutors showing weaknesses in the case. These packets might include witness statements supporting your version of events, evidence contradicting the accuser’s timeline, or information about the accuser’s motives for making false allegations.
In Texas, grand juries decide whether to issue indictments for felony charges. Grand juries are groups of citizens who hear evidence and vote on whether probable cause exists. We can present your side of the story to grand juries, often preventing indictments from being issued.
Why Choose Scheiner DWI & Criminal Defense Lawyers
Grant Scheiner holds Board Certification in Criminal Law from the Texas Board of Legal Specialization. This certification requires passing rigorous exams and peer review that fewer than 10% of Texas attorneys achieve.
His 30+ years of experience as both prosecutor and defense attorney provides unique insight into how both sides build their cases. This background, combined with deep expertise in forensic science and police procedures, gives us advantages other firms lack.
Our recognition includes Texas Super Lawyer designation and Top 100 Trial Lawyers listing, reflecting peer respect for our trial skills. We limit our caseload to provide personal attention and remain available 24/7 during crisis situations.
Our proven track record includes dismissals, not guilty verdicts, and successful pre-charge interventions.
Don’t Wait Protect Your Rights Now
Every hour that passes allows evidence to disappear and investigators to build their case without your input. Early intervention dramatically improves outcomes, whether preventing charges, securing reasonable bonds, or building strong defenses.
Our free consultation is completely confidential, even if you’re just under investigation. We can start protecting you immediately by contacting detectives on your behalf, preserving favorable evidence, and preventing common mistakes that hurt your case.
The decisions you make today determine your future. Call us now or contact us online to begin protecting your rights and reputation.
Texas Sex Crime Accusation FAQs
Should I Take A Polygraph Test If Police Ask Me To In Texas
Polygraph results cannot be used in Texas courts, and failing gives prosecutors powerful ammunition while passing rarely stops investigations – only consider this with attorney guidance.
What Should I Do If My Accuser Calls Me After Making The Report
Hang up immediately without saying anything, as this is likely a police-recorded pretext call designed to get admissions – then call your attorney right away.
Will Child Protective Services Get Involved If A Minor Is The Alleged Victim
Yes, CPS investigations are conducted separately from criminal cases and can restrict access to your own children – never meet with CPS without your attorney present.
Can I Leave Texas While Out On Bond For A Sex Crime Charge
Most bond conditions restrict travel outside the county or state, but we can petition the court for modifications allowing necessary work or family travel.
How Long Do Sex Crime Cases Take To Resolve In Texas
These cases typically take 6-18 months from arrest to resolution, though pre-charge investigations can add months; early attorney involvement often shortens timelines.
Is Probation Available For Sex Crime Convictions In Texas
Deferred adjudication probation is possible for some charges, allowing you to avoid a final conviction if you successfully complete probation terms.
What Happens If I Violate Sex Offender Registration Requirements
Failure to register as a sex offender is a separate felony charge with mandatory prison time – violations include missing check-ins, moving without notification, or providing false information.
Can I Sue Someone Who Falsely Accused Me Of A Sex Crime
After your criminal case ends favorably, you may pursue civil claims for defamation, malicious prosecution, or intentional infliction of emotional distress.