Sex Crimes Defense Lawyer in San Antonio and El Paso
If a detective, caseworker, or officer contacts you about a sex offense allegation, do not give a statement. Say you want a lawyer. Then call us. These are some of the most serious charges in Texas law, and the investigation often starts before any charge is filed. Your consultation is free and confidential.
West Texas Trial Lawyers defends people accused of sex offenses in San Antonio, El Paso, and across Texas. Every lawyer at the firm prosecuted cases for the State of Texas before defending them. We handle these cases quietly and carefully. Every person accused of a crime is presumed innocent and has the right to a full defense.
What should I do if a detective or CPS contacts me?
Be polite, say you want to speak with a lawyer first, and end the conversation. You do not have to explain yourself to an investigator. A request to “come in and give your side” is a request for evidence.
This applies to every kind of contact:
- A detective calls or visits. Take a name and number. Do not answer questions.
- A CPS caseworker reaches out. Child Protective Services may investigate at the same time as police. Talk to us before you respond.
- Someone asks you to talk on a recorded call. Do not discuss the allegation by phone, text, or message with anyone.
- Police ask to search your phone or computer. You can decline consent. If they have a warrant, do not interfere, and call us.
If police want to talk, don’t explain and don’t try to make a deal. Say you want your lawyer, then call us. Recorded statements are governed by Code of Criminal Procedure art. 38.22. Once a statement is made, it cannot be taken back.
What are the penalties for sex offenses in Texas?
Offense
Statute
Level
Punishment range
Sexual assault
Penal Code §22.011
Second-degree felony
2 to 20 years prison + up to $10,000 fine (§12.33)
Aggravated sexual assault
Penal Code §22.021
First-degree felony
5 to 99 years or life + up to $10,000 fine (§12.32); 25-year minimum when the complainant is in certain younger age groups
Continuous sexual abuse of a child
Penal Code §21.02
Felony
25 to 99 years or life
Online solicitation of a minor ("minor" = under 17)
Penal Code §33.021
Third- or second-degree felony, depending on the facts
2 to 10 years (§12.34) or 2 to 20 years (§12.33) + up to $10,000 fine
Will I have to register as a sex offender?
Some convictions, and some deferred adjudications, require registration under Code of Criminal Procedure Chapter 62. Registration can affect where you live, where you work, and how you travel.
That is why the way a case is resolved matters as much as the charge. Before you consider any plea, you should know whether it carries registration and for how long. We go over that with you in plain terms.
How are sex crime cases investigated in Texas?
These investigations often rely on interviews, digital records, and medical records rather than physical evidence alone. An arrest may not come right away.
Common parts of an investigation include:
- Forensic interviews. In cases involving children, a trained interviewer often records an interview at a child advocacy center.
- Phones and computers. Messages, photos, and account records may be collected by warrant.
- Medical records. A medical exam may or may not have been done, and the records say what they say.
- Witness statements. Officers often speak with family members, coworkers, and friends.
Do not delete messages, accounts, or files. Removing potential evidence can create serious new legal problems. Leave everything as it is and let us advise you.
Once a case is filed, Code of Criminal Procedure art. 39.14 requires the State to produce offense reports, statements, and other evidence “as soon as practicable” after a timely defense request. We review every recording and record, not just the summary.
Is my consultation confidential?
Yes. Your first consultation with West Texas Trial Lawyers is free and confidential. We understand that many people facing these allegations have not told family, employers, or friends.
We will talk with you privately, by phone or in person. We will explain what the allegation means, what may happen next, and what you can do now. You decide what happens after that. Full service is available in Spanish.
Where will my case be heard?
In San Antonio, the Bexar County Criminal District Attorney’s Office prosecutes sex offense cases. They are heard at the Cadena-Reeves Justice Center, 300 Dolorosa, San Antonio, TX 78205.
In El Paso, the 34th Judicial District Attorney’s Office prosecutes these cases for El Paso, Hudspeth, and Culberson counties. They are heard at the El Paso County Courthouse, 500 E. San Antonio Ave., El Paso, TX 79901.
Our San Antonio office is at 40 NE Interstate 410 Loop Suite 100 Ofc G10. Our El Paso office is at 1005 N Mesa St. After any arrest, a magistrate sets bail and gives warnings within 48 hours (Code of Criminal Procedure art. 15.17).
How do former prosecutors approach a sex crime defense?
Adam Setra prosecuted cases for the 34th Judicial District Attorney’s Office before founding the firm. Learn about Adam Setra’s experience on both sides of the courtroom.
We know how these cases are evaluated inside a prosecutor’s office. That helps us see what the State will rely on and where its proof is incomplete. Our first goal is to get the case dismissed or never filed. No lawyer can promise that outcome. You can read client-reported outcomes in other case types on our case results page.
What happens when someone is accused of a sex offense in Texas?
What should I do right now?
- Do not give a statement to police, detectives, or caseworkers. Say you want a lawyer.
- Do not contact the person who made the accusation, directly or through anyone else.
- Do not delete messages, photos, accounts, or files.
- Do not discuss the allegation by phone, text, social media, or jail phone.
- Write down names, dates, and contact attempts from investigators. Keep any card or paperwork they left.
- Call us. Have your full legal name, date of birth, the county involved, and the charge if you know it. Missing something? Call anyway.
Calling on behalf of a family member? You don’t need to know everything. We can start with what you have, and we will keep the conversation confidential.
On This Page
Meet Our Team
Frequently asked questions about sex crime charges in Texas
Should I talk to a detective if I have not been charged?
What is the penalty for sexual assault in Texas?
What is continuous sexual abuse of a child in Texas?
What is online solicitation of a minor in Texas?
Will I have to register as a sex offender in Texas?
What should I do if CPS contacts me about an allegation?
Is my consultation with a sex crimes lawyer confidential?
Can a lawyer help before charges are filed?
Do you handle sex crime cases in Spanish?
Talk privately with a former prosecutor
You do not have to face an investigation or charge alone. Call for a free, confidential consultation. Payment plans are available.
Or request a confidential consultation online. Learn how we handle criminal cases in Texas state and federal courts, including assault and family violence allegations and federal criminal investigations.
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