The Woodlands Child Sexual Abuse Defense Attorney
False accusations of child sexual abuse in The Woodlands, Texas, can destroy reputations and families before any evidence is examined in court.
In Montgomery County, these allegations trigger immediate investigations by law enforcement and Child Protective Services, often resulting in arrests, emergency protective orders, and restrictions on contact with your own children. The damage begins the moment someone makes an accusation, regardless of its truth.
Our experienced The Woodlands child sexual abuse defense lawyers understand that innocent people face these charges every day throughout Montgomery County. Custody disputes, misunderstandings, and coached testimony from children can all lead to devastating criminal charges that threaten decades in prison and lifetime sex offender registration.
When prosecutors pursue these cases aggressively, you need immediate legal protection from child sex crime defense attorneys in The Woodlands who know how to expose false allegations and challenge weak evidence.
Attorney Grant Scheiner’s experience and qualifications reflect our firm’s commitment to protecting the falsely accused. We know these cases move quickly, and we’re prepared to act immediately to preserve evidence, prevent harmful statements, and begin building your defense before charges are filed.
How Our Child Sexual Abuse Defense Lawyers Assist You
When you face a false allegation of child sexual abuse, we step in immediately to protect your rights. Our skilled legal team contacts investigators on your behalf and prevent you from making statements that could be twisted against you.
We work around the clock to preserve evidence that proves your innocence. This includes securing digital records, text messages, social media posts, and witness statements that support your version of events.
- Immediate Response: We contact law enforcement within hours to shield you from interrogations and guide you through the investigation
- Evidence Collection: Our team preserves phone records, GPS data, surveillance footage, and witness testimony that can establish your alibi
- Expert Network: We coordinate with forensic specialists, child psychologists, and private investigators to challenge the state’s case
- Pre-Charge Strategy: We present compelling evidence to prosecutors and grand juries to prevent charges from being filed
- Trial Readiness: Led by Grant Scheiner, a Board Certified Criminal Law Specialist with 30+ years of experience defending sex crimes
Accused Of Child Sexual Abuse In The Woodlands? Here Is What To Do Now
The first 72 hours after an accusation determine the outcome of your case. Taking these steps immediately protects your freedom and future.
Never speak to anyone about the allegations without your attorney present. This includes police officers, Child Protective Services workers, or the alleged victim’s family. Politely state: “I will not answer questions without my lawyer.”
Do not contact the accuser or their family members. Even innocent attempts to “clear things up” can be viewed as witness tampering or intimidation by prosecutors.
Preserve all potential evidence immediately. Save text messages, emails, photos, social media posts, and any other digital communications from the relevant time period. Do not delete anything from your devices.
Contact our experienced defense team right away. The sooner you have legal protection, the better your chances of avoiding charges or achieving dismissal.
What Child Sexual Offense Charges Can Texas File?
Texas prosecutors can file several different charges related to child sexual abuse. Each charge has specific legal requirements that the state must prove beyond a reasonable doubt. Understanding these charges helps us build the strongest possible defense for your case.
Sexual assault of a child occurs when someone intentionally engages in sexual contact with a person under 17 years old. This is a second-degree felony punishable by 2 to 20 years in prison. The state does not need to prove you knew the child’s age.
Aggravated sexual assault of a child is charged when the victim is under 14 or when aggravating factors are present. These factors include using a weapon, causing serious injury, or threatening the child. This first-degree felony carries 5 to 99 years or life in prison.
Indecency with a Child involves sexual contact or exposure with intent to arouse sexual desire. Contact cases are second-degree felonies, while exposure cases are third-degree felonies. As your The Woodlands child sexual abuse defense lawyer, we challenge the state’s evidence of intent.
Continuous sexual abuse of a child alleges two or more acts of sexual abuse committed over at least 30 days against a child under 14. This charge carries severe penalties and may include life imprisonment with limited or no possibility of parole.
What Does The State Have To Prove Under Texas Law?
Prosecutors must prove every element of the alleged crime beyond a reasonable doubt. This is the highest burden of proof in our legal system and requires the state to eliminate any reasonable doubt about your guilt.
The prosecution must establish beyond a reasonable doubt your identity as the perpetrator, the child’s age at the time of the alleged offense, and that the prohibited sexual act actually occurred. In many cases, they must also prove your intent to commit the crime.
Under Texas law, consent is generally not considered a valid defense in cases involving alleged victims under 17. The law also does not allow a mistake-of-age defense, meaning claiming you didn’t know the child’s true age won’t protect you from prosecution.
However, the state still must prove these elements with credible evidence. We challenge weak testimony, inconsistent statements, and gaps in the prosecution’s timeline to create reasonable doubt.
What Are The Penalties And Sex Offender Registration Rules In Texas?
A conviction for child sexual abuse carries some of the harshest penalties in Texas law. These consequences extend far beyond prison time and affect every aspect of your life.
| Charge | Prison Sentence | Registration Requirement | Other Consequences |
| Sexual Assault of Child | 2-20 years | Lifetime | Employment restrictions |
| Aggravated Sexual Assault | 5-99 years or life | Lifetime | Housing limitations |
| Continuous Sexual Abuse | 25-99 years or life | Lifetime | No parole eligibility |
| Indecency with Child | 2-20 years (contact) / 2-10 years (exposure) | Lifetime | Professional license loss |
Sex offender registration is mandatory for life in most cases. Your name, photo, address, and offense details will become public information. You must report any address changes within seven days and register in person every 90 days.
The collateral consequences include difficulty finding employment, housing restrictions near schools and parks, and loss of professional licenses. Many employers automatically reject applicants with sex offense convictions, regardless of the circumstances.
Why Do False Allegations Occur And How Do We Expose Them?
False accusations of sex crimes, including child sexual abuse, happen more frequently than most people realize. These allegations often arise from complex family situations, misunderstandings, or deliberate manipulation.
Child custody battles are a common source of false allegations. One parent may coach a child to make accusations against the other parent to gain an advantage in court proceedings. We investigate the timing of allegations and look for patterns that suggest manipulation.
Children sometimes misinterpret innocent physical contact or confuse reality with things they’ve seen on television or heard from others. Young children are particularly susceptible to suggestion and may repeat stories they don’t fully understand.
Teenagers may make false accusations to hide consensual sexual activity, avoid punishment for unrelated behavior, or seek attention. We examine the alleged victim’s motives and look for inconsistencies in their account.
Our investigation focuses on exposing these falsehoods through witness interviews, timeline analysis, and examination of physical evidence. We also work with experts in child psychology to identify signs of coaching or false memory.
What Should I Do If CPS Or Detectives Contact Me?
Contact from Child Protective Services or police detectives means you’re already under investigation for a serious crime. How you handle this contact can determine whether you face charges.
Step 1: Do Not Give Statements Or Consents Without Counsel
You have the constitutional right to remain silent. Exercise this right immediately by telling investigators: “I will not answer questions or consent to searches without my attorney present.” Be polite but firm in this refusal.
Law enforcement officers are trained to make you feel like cooperation will help your case. This is rarely true, especially when defending against sex crimes involving minors. Even innocent explanations can be twisted and used against you later.
Step 2: Preserve Messages, Devices, and Witness Information
Secure all electronic devices and accounts before investigators can obtain search warrants. Do not delete anything, as this could be viewed as destruction of evidence. Instead, provide everything to your attorney for review.
Make a list of everyone who might have relevant information about your whereabouts or the alleged incident. This includes family members, friends, coworkers, and anyone who can verify your activities during the timeframe in question.
Step 3: Protect Bond Conditions And Parenting Time
If you’re arrested, emergency protective orders may prevent contact with your children. We immediately challenge these orders in court to preserve your parental rights while respecting legal boundaries.
Bond conditions often include restrictions on internet use, travel, and contact with minors. We work to modify unreasonable conditions that interfere with your employment or family relationships.
Don’t navigate CPS investigations alone. Our experienced team knows Montgomery County procedures. Call (832) 864-5240 now.
How Do Investigations Work In Montgomery County?
Montgomery County follows specific protocols for investigating child sexual abuse allegations. Understanding this process helps you prepare for what’s ahead and make informed decisions about your defense.
The investigation typically begins when someone reports suspected abuse to law enforcement or CPS. Officers then coordinate with the Montgomery County Children’s Advocacy Center in Conroe to conduct forensic interviews with alleged victims.
Children’s Advocacy Center Interviews And Protocol
The CAC uses trained interviewers to question children in a controlled environment. These interviews are recorded and often become the primary evidence in the case. Parents cannot attend these interviews, but we obtain and analyze the recordings for inconsistencies.
CAC interviews are supposed to follow specific protocols to avoid leading questions. However, interviewers sometimes violate these rules, which can result in unreliable testimony that we can challenge in court.
Search Warrants, Device Seizures, And Digital Forensics
Police often seek search warrants for your home, vehicles, and electronic devices. They look for physical evidence, digital communications, and anything that might support the allegation. We review search warrant applications for constitutional violations.
Digital forensics examinations can take months to complete. Law enforcement analyzes computers, phones, and online accounts for evidence. We work with our own digital forensics experts to challenge the state’s findings and present alternative explanations.
Grand Jury And Pre-Indictment Advocacy
Before filing felony charges, prosecutors must present the case to a grand jury. This gives us an opportunity to present evidence of your innocence and argue against indictment. Pre-indictment advocacy often results in no charges being filed.
We prepare comprehensive defense packets that highlight weaknesses in the state’s case. This includes alibi evidence, witness statements, and expert opinions that support your innocence.
What Defenses Work In Child Sexual Abuse Cases?
Even when facing serious allegations, effective defenses can result in dismissal or acquittal. We analyze every detail of your case to identify the strongest defense strategy.
Alibi, Timeline, And Opportunity Challenges
The most powerful defense is proving you weren’t present when the alleged abuse occurred. We use GPS data from phones and vehicles, credit card records, surveillance footage, and witness testimony to establish your whereabouts.
Timeline challenges focus on inconsistencies in the alleged victim’s account. Children often cannot accurately recall dates and times, which creates opportunities to show the allegations are impossible or unreliable.
Suggestive Interviewing And Credibility Attacks
Children’s statements can be contaminated by improper questioning techniques. We hire experts to review CAC interviews and identify leading questions, multiple interviews, or coaching that may have influenced the child’s testimony.
Credibility challenges examine the alleged victim’s history of truthfulness, potential motives for lying, and any evidence of coaching by adults. We also look at the child’s exposure to sexual content through media or inappropriate conversations.
Close-In-Age And Marriage Defenses Where Applicable
Texas provides limited defenses for consensual activity between individuals close in age. The Romeo and Juliet law may apply if you were within three years of the alleged victim’s age and certain other conditions are met.
Marriage can also provide a defense if you were legally married to the alleged victim at the time of the conduct. These defenses are narrow but can completely bar prosecution when applicable.
Suppression Of Illegally Obtained Evidence
Your constitutional rights protect you from unreasonable searches and seizures. If police violated these rights when gathering evidence, we file motions to suppress that evidence and prevent its use at trial.
Common violations include searches without warrants, interrogations without Miranda warnings, and seizure of electronic devices without proper legal authority. Successful suppression motions can result in case dismissal.
What Should I Know About Continuous Sexual Abuse Of A Child?
Continuous sexual abuse of a child is the most serious charge you can face in Texas. This charge alleges a pattern of abuse rather than specific incidents, making it particularly difficult to defend against.
The prosecution must prove you committed two or more qualifying sexual acts against a child under 14 over a period of at least 30 days. You must have been 17 or older when the acts allegedly occurred.
- No Specific Dates Required: The jury doesn’t need to agree on exactly which acts occurred or when they happened
- Pattern Evidence: Prosecutors focus on establishing a pattern of behavior rather than proving specific incidents
- Severe Penalties: Conviction carries 25 to 99 years or life in prison with no possibility of parole
- Registration: Lifetime sex offender registration is mandatory upon conviction
This charge is often used when physical evidence is lacking or when the alleged victim cannot provide specific details about individual incidents. We challenge these cases by demanding specificity and exposing inconsistencies in the state’s timeline.
As experienced criminal defense lawyers in The Woodlands, we understand the unique challenges these cases present and develop defense strategies tailored to the prosecution’s theory of the case.
Can My Case Be Dismissed Before Indictment?
Yes, many child sexual abuse cases can be dismissed before formal charges are filed. This requires aggressive pre-indictment advocacy and presentation of compelling evidence to prosecutors or the grand jury.
We prepare detailed defense packets that include alibi evidence, witness statements, expert opinions, and legal arguments against prosecution. These packets highlight weaknesses in the state’s case and present alternative explanations for the allegations.
Pre-indictment dismissal is often the best possible outcome because it avoids the stigma and expense of formal charges. Even if charges are eventually filed, our early intervention often results in better plea offers or stronger negotiating positions.
Success in pre-indictment advocacy requires immediate action and thorough investigation. The sooner we begin working on your case, the better your chances of avoiding charges altogether.
Can A Texas Child Sexual Abuse Case Go Federal?
Child sexual abuse cases can become federal crimes under certain circumstances. Federal charges carry even harsher penalties and are prosecuted in federal court with different rules and procedures.
Federal jurisdiction typically applies when the alleged crime involves interstate commerce, such as transporting a child across state lines or using the internet to commit offenses. Cases involving federal agents or military sex crimes may also be prosecuted federally.
Federal penalties for child sexual abuse are often more severe than state penalties. Federal judges have less discretion in sentencing, and parole is not available in the federal system. Having an attorney for allegations that might go federal requires attorneys experienced in both state and federal courts.
We monitor cases for potential federal involvement and adjust our defense strategy accordingly. Early identification of federal interest allows us to coordinate with federal defenders and prepare for the unique challenges of federal prosecution.
How We Build Your Defense From Day One
Our defense strategy begins the moment you contact us. We don’t wait for charges to be filed or evidence to be collected by law enforcement. Instead, we immediately begin our own investigation and evidence preservation efforts.
First 72 Hours Plan
The first three days after an allegation determine the trajectory of your case. We contact law enforcement to establish attorney-client privilege, prevent interrogations, and begin gathering evidence that supports your innocence.
We also coordinate with family members to ensure they understand their rights and don’t inadvertently harm your case through well-meaning but misguided actions.
Forensic And Expert Strategy
We work with leading experts in child psychology, digital forensics, and medical examination to challenge the state’s evidence. These experts help us identify flaws in the investigation and present alternative explanations for physical or digital evidence.
Our expert network includes former law enforcement officers, medical professionals, and academic researchers who can testify about proper investigative techniques and the reliability of evidence.
Trial-Ready Preparation And Negotiation Leverage
Every case is prepared as if it will go to trial, even if we hope to resolve it through negotiation. This preparation gives us leverage in plea discussions and ensures we’re ready to fight if necessary.
Trial preparation includes witness interviews, evidence analysis, legal research, and development of compelling themes that resonate with jurors. This thorough preparation often leads to better outcomes through negotiation.
Ready to fight back against false allegations? Our Board Certified defense team starts building your defense immediately. Call (832) 864-5240 for a confidential consultation.
Why Hire A Board Certified Criminal Defense Lawyer?
Board Certification in Criminal Law represents the highest level of recognition for Texas criminal defense attorneys. Grant Scheiner earned this certification through rigorous testing, peer review, and demonstration of substantial trial experience.
Board Certification in Criminal Law is a distinguished credential held by a small number of Texas attorneys. This certification requires extensive continuing education, ethical compliance, and proven courtroom success in serious felony cases.
Mr. Scheiner has been named a Texas Super Lawyer every year since 2009 and is recognized as one of the Top 100 Trial Lawyers in Texas. These honors reflect decades of successful defense work in the most serious criminal cases.
When your freedom and reputation are at stake, you need an attorney with proven expertise in defending child sexual abuse allegations. Board Certification ensures you’re getting the highest level of legal representation available.
Serving The Woodlands And Montgomery County With Discretion
We understand that child sexual abuse allegations require absolute discretion and sensitivity. Our firm serves Montgomery County and has deep knowledge of the local courts, judges, and prosecutors.
We represent clients throughout Montgomery County, including The Woodlands, Conroe, Spring, Tomball, Magnolia, and surrounding communities. Our local presence means we can respond immediately to emergencies and maintain close contact with your case.
Discretion is paramount in these cases. We take steps to protect your privacy and reputation while aggressively defending your rights in court. Our goal is to resolve your case with minimal public exposure and maximum protection of your future.
Protect your future with experienced local representation. Contact Scheiner DWI & Criminal Defense Lawyers for immediate assistance with your case.
FAQs
Can My Child Sexual Abuse Case Be Dismissed Before Indictment In Montgomery County?
Yes, we often prevent charges from being filed through aggressive pre-indictment advocacy. We present evidence of innocence to prosecutors and grand juries, highlighting weaknesses in the investigation and providing alternative explanations for the allegations.
Should I Speak With CPS Or Police If I Know I’m Innocent?
Never speak to investigators without your attorney present, even if you’re completely innocent. Your statements can be taken out of context and used to build a case against you, regardless of your actual guilt or innocence.
Should I Take A Polygraph Test During A Child Abuse Investigation?
Polygraph tests should only be considered after careful consultation with your attorney. We often arrange private polygraph examinations first to evaluate the results before deciding whether to share them with law enforcement.
Can I Still See My Children While Facing Child Sexual Abuse Charges?
Your ability to have contact with your children depends on specific court orders and bond conditions. We immediately work to modify unreasonable restrictions while ensuring you comply with all legal requirements to avoid additional charges.
What Happens During A Children’s Advocacy Center Interview?
The CAC conducts recorded interviews with alleged child victims using trained forensic interviewers. Parents cannot attend these interviews, but we obtain and carefully analyze the recordings to identify inconsistencies or improper questioning techniques.
Will A Deferred Adjudication Plea Still Require Sex Offender Registration?
Yes, deferred adjudication for most child sexual offenses still requires lifetime sex offender registration in Texas. This makes fighting for complete dismissal or acquittal at trial often the only way to avoid registration requirements.
How Long Do Child Sexual Abuse Cases Take In Montgomery County?
Case timelines vary; some are resolved relatively quickly, while complex matters can take substantially longer.
Can Child Sexual Abuse Charges Become Federal Cases?
Yes, if the case involves interstate activity, federal agents, or use of the internet, federal charges may be added. Federal cases have harsher penalties and different procedures, requiring attorneys experienced in both state and federal courts.