The Woodlands Indecency With a Child Defense Attorney

An accusation of indecency with a child in The Woodlands triggers immediate action from Montgomery County law enforcement.

Police typically make arrests within hours of receiving a report, and prosecutors often seek emergency protective orders that force you out of your home and away from your own children.

These cases proceed through the Montgomery County court system, requiring skilled representation from a The Woodlands indecency with a child defense lawyer; the timing of charging decisions varies with the circumstances of each investigation.

False accusations arise from custody disputes, misinterpreted innocent contact, and children repeating stories they don’t understand. Even when the evidence consists of nothing more than a child’s statement, prosecutors pursue these cases aggressively, seeking prison sentences that can stretch for decades.

The consequences begin immediately. Your name appears in arrest records accessible to employers, neighbors, and anyone who searches online. Bond conditions restrict where you can go and who you can see.

If convicted, you face mandatory lifetime sex offender registration that dictates where you can live and work for the rest of your life.

Our Board Certified team of indecency with a child defense attorneys in The Woodlands understands Montgomery County’s investigative procedures, from Children’s Advocacy Center interviews in Conroe to grand jury proceedings at the courthouse.

At Scheiner Law DWI & Criminal Defense Lawyers, we know which prosecutors handle these cases and how local judges typically rule on bond conditions and protective orders. Our local knowledge and experience defending serious felonies enable us to protect your rights from the moment you call.

What Is Indecency with a Child in Texas?

Texas Penal Code § 21.11 defines indecency with a child as engaging in sexual contact or exposure with someone under 17 years old. The prosecution must prove you acted with intent to arouse or gratify sexual desire.

This charge is different from sexual assault of a child because it focuses on intent rather than force or penetration. Even innocent actions can be twisted into criminal allegations when viewed through the wrong lens.

Contact vs Exposure: What Is the Difference?

Texas law creates two distinct categories of this offense, each carrying different penalties and defense strategies.

• Indecency by Contact: Physical touching of intimate areas, whether over or under clothing
• Indecency by Exposure: Showing private parts to a child or causing a child to expose themselves

The difference matters because contact charges are more serious and carry harsher penalties. Understanding which category applies to your case helps us build the strongest possible defense.

Is This a Felony and What Are the Penalties?

Both types of indecency with a child are felonies in Texas. The penalties depend on whether the allegation involves contact or exposure.

Contact cases are charged as second-degree felonies under Texas law and can result in significant prison terms and fines. On the other hand, exposure cases are classified as third-degree felonies under Texas law and can result in prison time and substantial fines.

These penalties don’t include the lifelong consequences that come with any sex crime conviction. Your reputation, career, and family relationships all hang in the balance.

Will I Have to Register as a Sex Offender?

Any conviction under Texas Penal Code § 21.11 requires lifetime sex offender registration. This puts your name, photo, address, and offense details on a public website that anyone can access.

Registration brings severe restrictions on where you can live and work. You cannot be near schools, parks, or places where children gather. You must report to law enforcement in person every 90 days and notify them within seven days of any address change.

Employment becomes extremely difficult because most employers run background checks, and convictions for sex crimes involving minors create lasting barriers. Housing options shrink because many landlords refuse to rent to registered individuals.

What Should I Do Right Now?

Taking prompt action after an accusation can affect how your case proceeds. Taking the right steps immediately can mean the difference between charges being filed or dismissed.

Step 1: Do Not Speak to Police or CPS Without Counsel

You have the right to remain silent and the right to an attorney. Exercise both rights immediately by telling investigators: “I am invoking my right to counsel and will not answer questions without my lawyer present.”

Police and CPS workers are not your friends in this situation. They are building a case against you, and anything you say will be used to strengthen their evidence.

Step 2: Preserve Phones, Messages, and Witness Information

Save all text messages, emails, photos, and social media posts from the relevant time period. Do not delete anything, as this can be seen as destroying evidence and may hurt your case.

Write down the names and contact information of anyone who might have relevant information. This includes family members, friends, coworkers, and anyone who can verify your whereabouts or character.

Step 3: Protect Bond Conditions and Parenting Time

Courts often issue Emergency Protective Orders that prevent contact with the alleged victim and other children. These orders can force you out of your own home and away from your children.

Our experienced The Woodlands indecency with a child defense lawyers can challenge unreasonable bond conditions and fight to modify protective orders that go too far. Following every condition exactly is critical to avoiding additional charges.

How Do Montgomery County Investigations Work?

Montgomery County follows specific procedures when investigating indecency allegations. Understanding this process helps you prepare for what comes next.

Children’s Advocacy Center Interviews in Conroe

The Montgomery County Children’s Advocacy Center conducts forensic interviews with alleged victims. These interviews are recorded and often become the primary evidence against you.

Parents cannot attend these interviews, but we obtain the recordings and analyze them for improper questioning techniques. Leading questions, multiple interviews, and coaching can all contaminate a child’s testimony.

Search Warrants, Device Seizures, and Digital Forensics

Police typically seek warrants to search your home and seize electronic devices. They look for any evidence that might support the allegation, including text messages, photos, and internet history.

Digital forensic analysis can take months to complete. We work with our own computer experts to challenge the state’s findings and present alternative explanations for any evidence they claim to find.

Grand Jury and Pre-Indictment Advocacy

Before filing felony charges, prosecutors must present their case to a grand jury. This gives us an opportunity to present evidence of your innocence before formal charges are filed.

Pre-indictment advocacy involves preparing detailed defense packets that highlight weaknesses in the state’s case. Success at this stage can prevent charges from ever being filed.

How Do We Defend Indecency with a Child Cases?

Every case requires a customized defense strategy based on the specific facts and evidence. We analyze every detail to find the best approach for your situation.

No Sexual Intent and Context Evidence

The prosecution must prove you acted with sexual intent beyond a reasonable doubt. If your actions had an innocent explanation, this element is missing.

We gather evidence showing the full context of the situation and carefully evaluate testimony from child witnesses. Bathing a child, changing diapers, or providing medical care can all be misinterpreted when taken out of context.

Alibi, Timeline, and Opportunity Challenges

We use GPS data, credit card records, and witness testimony to prove you weren’t present when the alleged incident occurred. Children often cannot provide specific dates and times, creating opportunities to establish your innocence.

Timeline inconsistencies in the alleged victim’s account can create reasonable doubt. We examine every detail to find contradictions that undermine the prosecution’s case.

Suggestive Interviewing and CAC Protocol Violations

Improper interview techniques can create false memories or coach children into making untrue statements. We hire experts to analyze forensic interviews for protocol violations.

Leading questions, repeated interviews, and outside pressure can all contaminate a child’s testimony. Our skilled sex crime attorneys in The Woodlands explain to juries how these techniques produce unreliable statements.

Digital Forensics and Expert Testimony

Digital evidence from phones and computers can prove your innocence rather than guilt. We work with forensic experts to analyze this evidence properly.

Child psychology experts help juries understand how false allegations develop. They explain the dynamics of custody disputes, coaching, and memory contamination.

Close-in-Age and Marriage Defenses

Texas provides limited defenses for consensual activity between individuals close in age. The Romeo and Juliet defense may apply if specific conditions are met.

Marriage to the alleged victim at the time of the conduct is a complete defense. These narrow exceptions can completely bar prosecution when the facts support them.

Suppression of Illegally Obtained Evidence

The Fourth Amendment protects you from unreasonable searches and seizures. If police violated your constitutional rights, we can get that evidence thrown out.

Common violations include searches without warrants, exceeding the scope of a warrant, and interrogations without Miranda warnings. Successful suppression motions can lead to case dismissal.

Can We Stop Charges Before Indictment?

Yes, aggressive pre-indictment advocacy can prevent charges from being filed. We present comprehensive defense packets to prosecutors and grand juries showing why charges are inappropriate.

These packets include alibi evidence, witness statements, expert opinions, and legal arguments against prosecution. Early intervention often produces the best results because it prevents the stigma of formal charges.

Time is critical in pre-indictment advocacy. The sooner we begin working on your case, the better chance we have of preventing charges altogether.

Can This Case Become Federal?

Indecency cases can become federal crimes under certain circumstances. Federal jurisdiction typically applies when the alleged offense involves interstate commerce or federal property.

• Internet involvement: Using computers, phones, or online platforms
• Interstate activity: Crossing state lines or involving multiple states
• Federal property: Military bases or other federal locations

Federal charges carry mandatory minimum sentences and are prosecuted in federal court with different rules, often requiring representation familiar with federal procedures. We handle both state and federal cases with equal expertise.

Why Hire a Board Certified Criminal Defense Lawyer?

Board Certification in Criminal Law is the highest credential available to Texas defense attorneys. Grant Scheiner holds this certification from the Texas Board of Legal Specialization.

This certification requires extensive trial experience, peer review, and continuing education. Only a small percentage of Texas lawyers earn this distinction, ensuring you get representation from a true expert.

Board Certified attorneys have proven their competence in handling the most serious criminal cases. When your freedom is at stake, you need this level of expertise.

Why Choose Scheiner DWI & Criminal Defense Lawyers?

Our firm brings over 30 years of experience defending serious criminal cases in Texas. Grant Scheiner has received peer recognition for his work in criminal defense.

We have unique training in forensic science and police procedures that allows us to spot errors other lawyers miss. This technical knowledge often makes the difference between conviction and acquittal.

Every case receives trial-ready preparation from day one. This thorough preparation gives us leverage in negotiations and ensures we’re ready if your case goes to trial.

Where We Serve Clients in and Around The Woodlands

We represent clients throughout Montgomery County, including:

• The Woodlands
• Conroe
• Spring
• Magnolia
• Montgomery
• Willis
• Pinehurst

Our familiarity with local courts and prosecutors helps us provide more effective representation.

Discretion is paramount in these sensitive cases. We protect your privacy while aggressively defending your rights in court.

FAQs

Does Deferred Adjudication for Indecency with a Child Require Sex Offender Registration?

Yes, even deferred adjudication for indecency with a child requires lifetime sex offender registration in Texas. The registration requirement applies regardless of whether you receive probation or serve jail time.

What Is the Statute of Limitations for Indecency with a Child in Texas?

There is no statute of limitations for indecency with a child charges in Texas. Prosecutors can file charges at any time, even years after the alleged incident occurred.

Should I Take a Polygraph Test if Accused of Indecency with a Child?

Never take a polygraph test without consulting your attorney first. Polygraph results are often unreliable and can be used against you even if they show you’re telling the truth.

Can I Have Contact with My Children While Facing These Charges?

Contact with your children depends on specific court orders and CPS involvement. We work to modify unreasonable restrictions while ensuring you comply with all legal requirements.

Which Montgomery County Court Handles Indecency with a Child Cases?

Cases from The Woodlands area are typically handled in Montgomery County district courts located in Conroe. The specific court depends on when charges are filed and case scheduling.

How Long Do Indecency Cases Take in Montgomery County?

Case timelines vary: some matters are resolved relatively quickly, while complex cases or those that go to trial can take significantly longer.

Consult With Our Sex Crime Defense Law Firm in The Woodlands, Texas

False allegations of indecency with a child threaten everything you’ve worked to build. Your reputation, career, and family relationships all hang in the balance.

We offer completely confidential consultations to discuss your case and explain how we can help. Our Board Certified defense team is available 24/7 for emergencies.