State and federal law determine what a sex crime is in Texas. You may be facing a misdemeanor or a felony charge. While both types of offenses come with their own set of consequences, a felony is always more serious. As your Cypress sex crimes defense attorney, you can be confident that we help clients get positive results in their cases.
For over 15 years, we’ve stood by our clients, utilizing the law to build strong defenses for allegations of:
- Aggravated sexual assault
- Indecency with a child
- Indecent exposure
- Sexual assault
- Sexual coercion
- Public lewdness
- Prostitution
- Statutory rape
- Many others
Your defense will depend on the charges against you and the facts of your case. Before consulting with us, we don’t know enough about your case to determine the right option for you, but we do know that sex crimes are serious.
You may be facing fines, imprisonment and a loss of your freedoms.
If you or someone you love is accused of sex crimes, you need to contact an attorney who will defend your rights to the very end.
Call us or contact us online to schedule a consultation.
What Are My Rights If I’ve Been Arrested or Charged with a Sex Crime in Texas?
You’re innocent until proven guilty. The Texas Penal Code also mentions the presumption of innocence. If you’ve been arrested or charged, be sure to enact your rights:
- You have a right to remain silent.
- You have a right to an attorney.
While we’ll discuss many other rights, it’s crucial that you memorize these two because many people want to tell their side of the story. You want to proclaim your innocence or that there has been a drastic misunderstanding.
Anything you say can and will be used against you.
You can say something that you believe is completely innocent and does not impact your case, but one wrong statement can be what leads to a guilty verdict.
If you’re accused of a sex crime, you should remain silent and ask to speak to a Cypress sex crimes defense attorney.
A local attorney will understand Texas law and be the best person to present your side of the story in a way that is most effective. The earlier you start working with a lawyer, the better.
Beyond these two rights, you also have a right to:
- Confront your accuser in court
- Change counsel, even if it’s in the middle of your case
- Represent yourself, although it’s ill-advised
Sex crime allegations are serious, and the legal process can be long and complex. You may be facing years or decades in prison, upending your life, career and rights along the way.
How Does the Legal Process for Sex Crime Cases Work in Texas?
Texas takes sex crimes very seriously. If you’re facing charges relating to a sex crime, it’s important to understand how the legal process works, your rights and the consequences of a conviction.
Hiring an experienced Cypress sex crimes defense attorney is crucial. Your attorney will serve as your guide through the process and help you understand what you’re up against.
While every case is unique, a sex crime investigation will typically follow the steps below:
- Evaluation of the Victim: Once an accusation is made, the prosecution will want to have the victim evaluated and begin gathering evidence. The primary source of evidence will likely come from the victim through a medical exam and their statement. Evidence may also be gathered at the crime scene. Now is the time to hire an attorney if you haven’t done so already.
- Witness Interviews: Along with physical evidence and the victim’s testimony, witness testimonies will be gathered to corroborate the story. The defendant may also gather witness testimony.
- Arrest: If the prosecution determines that there is sufficient evidence, they will make an arrest. You are not legally obligated to answer any questions without your attorney present, and it is in your best interest to exercise this right.
- Arraignment: Your first court appearance is known as an arraignment. You will hear the charges against you and enter your plea.
- Pretrial Hearings: A number of pretrial hearings may be held before a trial date is set. At this time, your attorney and the prosecution may discuss the possibility of a plea bargain. A plea agreement may give you the opportunity to plead to a lesser crime and reduced sentence. However, a plea bargain isn’t always the best course of action. Your attorney will explain your options and advise you of whether the deal is in your best interest.
- Trial: If a plea bargain is not an option or is rejected, the next step is to go to trial.
An attorney can help you navigate the complex legal system and work to build a strong defense to achieve the best possible outcome.
Will I Have to Go to Trial If I Hire a Sex Crime Attorney?
Hiring a Cypress sex crimes defense attorney does not necessarily mean that you have to go to trial. In fact, an attorney can help you avoid going to trial.
In some cases, deferred adjudication may be an option. Although rare, it may be possible to get the charges dropped.
Your attorney may also be able to negotiate a favorable plea agreement. A plea bargain can help you avoid trial and may potentially reduce the charges. However, it also requires the defendant to plead guilty. Plea bargains must be considered very carefully. Your attorney can ensure that the agreement is in your best interest.
Defendants are naturally concerned about going to trial, but in some cases, it is the ideal course of action. For this reason, it’s important to work with an attorney who isn’t afraid to take your case to trial to fight for the best possible outcome.
How Can the Law Office of Nathaniel Pitoniak Help with Your Defense?
In Texas, sex crimes carry serious penalties. Your freedom and future are on the line. You need an experienced attorney who understands the legal system inside and out.
Attorney Nathanial Pitoniak is a former Felony Prosecutor and Chief Prosecutor with the Harris County District Attorney’s Office. He knows how the prosecution works and leverages his 15+ years or experience to defend his clients.
Contact our office today to schedule a consultation with a Cypress sex crimes defense attorney.
