Accused of Indecency with Child

Question: What should I do if I’m accused of indecency with a child in Texas?

Answer:

If you’ve been charged with indecency with a child in Texas, you need to get a lawyer right away. There are a few things that are likely to happen. One is that the police department or a detective is likely to contact you, to ask you to come in to give your side of the story. You need to talk to a lawyer before you make your commitment on that because the one thing that you don’t want to do is tell the officer that you’re not going to come in and you’re invoking your right to remain silent, because that could be used against you. What you need to do is tell the officer that you need to talk to a lawyer and you’ll get back to him. In most cases, after I consult with somebody, I contact the officer and tell them that you’re not going to come in and talk. I think that in most cases you can expect that you’ll end up getting charged and you need to fight the case. Indecency with a child in Texas can involve even touching over the clothes. That’s where it is incumbent to get a lawyer because the offense isn’t necessarily a sexual assault; it is indecency with a child. It could even be an indecent exposure when a child is present. It could be touching over the clothes of a person’s breasts. You have to be careful when you talk to a lawyer because there could be conduct that a lot of people think is innocent or not criminal in nature.

I had a case one time where an officer asked somebody, if it was possible that when he went in to kiss his stepchild good night that night, he may have touched the breast over the clothes. The person said that it was possible. He basically potentially admitted to part of the offense, so you have to be careful. Before you talk to an officer, you need to talk to a lawyer and let the lawyer advise you of whether you should go in and meet with them.