Archive

Home » Archives for delpradolaw

Author Archive

What A Criminal Defense Attorney Really Does, And Why Hiring One Now Matters

January 10th, 2026 | Blog 10th, January at 6:32 PM

If law enforcement has contacted you in San Antonio or Bexar County, or you are already facing charges, you need clarity fast. What does a criminal defense attorney actually do, and when should you hire one? The short answer is now. The longer answer is this guide, which walks you through what skilled defense looks like in Texas from the first call through resolution, and why experience and Board Certification matter when the stakes could not be higher.

Mario Del Prado has more than 35 years of criminal trial experience and is Board Certified in Criminal Law by the Texas Board of Legal Specialization. When your liberty and reputation are on the line, proven courtroom skill, strategic judgment, and early intervention can change outcomes.

From First Call To Resolution, Your Advocate At Every Step

The defense begins the moment you reach out. Early actions can preserve evidence, shape charging decisions, and protect your rights.

  • Immediate assessment: Your lawyer will ask what happened, who is involved, and what law enforcement has already done. You will get clear instructions on what to say, what not to say, and how to avoid further risk.
  • Contact with law enforcement and prosecutors: Counsel handles communications so you do not have to. If officers keep calling, your attorney steps in, asserts your rights, and stops improper questioning.
  • Evidence preservation: Time-sensitive evidence gets secured quickly, including surveillance video, phone data, vehicle telematics, social media content, 911 recordings, and body camera footage. Witnesses get interviewed while memories are fresh.

In Bexar County, early advocacy can affect bond, conditions of release, and even the type of charges filed. The best time to hire counsel was yesterday, the second best time is right now.

Protecting Your Constitutional Rights In Real Time

A core role of your attorney is to guard your rights under the U.S. and Texas Constitutions.

  • Search and seizure: Your lawyer scrutinizes stops, detentions, warrants, and any claimed consent. If police crossed the line, a motion to suppress can exclude illegally obtained evidence.
  • Miranda and statements: If you were in custody and interrogated without proper warnings, or if your right to remain silent was ignored, your statements can be challenged.
  • Due process and confrontation: You have the right to confront witnesses and to fair procedures. Your attorney enforces these rights at every stage.

In Texas, magistrate warnings and bond conditions often come fast. Counsel ensures you are properly advised, seeks reasonable bond, challenges overly restrictive conditions, and protects you from missteps at the earliest hearings.

Investigation That Challenges The State’s Story

Prosecutors build a narrative. Your lawyer builds the truth. A seasoned defense team tests every assumption.

  • Discovery review: Police reports, lab results, forensic analyses, digital extractions, and prior statements are examined to spot inconsistencies and legal issues.
  • Independent investigation: Defense interviews, scene visits, timelines, cell site mapping, expert consultations, and alternative explanations are developed to create reasonable doubt or support dismissal.
  • Strategic focus: If an identification is weak, if lab methods are flawed, or if the stop was unlawful, the defense builds around those weaknesses and pushes for exclusion or dismissal.

Strategic Motions That Shape The Case

Motions are not paperwork, they are weapons. Your attorney may file motions to suppress evidence, exclude unreliable experts, compel disclosure, limit prejudicial material, or dismiss the case for legal deficiencies. These motions can change leverage in negotiations and can result in outright dismissal or critical evidentiary rulings before trial.

Negotiations With Prosecutors, Grounded In Trial Readiness

Should you hire a criminal defense attorney if you plan to plead? Yes, because negotiation without leverage rarely produces the best outcome. Effective negotiation comes from trial readiness. Prosecutors respond to demonstrated weaknesses in their case, not to promises. A defense built for court often yields better offers outside of court, including dismissals, reductions, or diversion where available.

Trial Advocacy When Your Future Is On The Line

Not every case goes to trial, but you need a lawyer who tries cases. Trial advocacy includes jury selection tailored to your facts, cross-examination that exposes gaps and bias, and a clear defense theory the jury can follow. With more than three decades of courtroom experience, Mario Del Prado treats every contested case as if it will be decided by a jury, because that posture drives results.

Sentencing And Mitigation, If Needed

If you plead or are found guilty, the fight is not over. Your attorney presents mitigation that can mean the difference between prison and probation, or between harsh terms and measured ones. Mitigation can include treatment records, military service, employment history, family responsibilities, letters of support, expert assessments, and restitution planning. In Texas courts, a thoughtful mitigation package shows the court who you are, not just what is in a police report.

Ethics And The Presumption Of Innocence

Why do criminal defense lawyers defend the guilty? Because the Constitution requires the state to prove guilt beyond a reasonable doubt, and because the presumption of innocence protects everyone. Defense lawyers do not condone crime, they enforce the rules that keep the system fair for all. Many clients are not guilty of the charged offense, are overcharged, or face unreliable evidence. Even when evidence is strong, the law still requires fair process, lawful policing, and proportionate punishment. A defense lawyer’s job is to insist on those principles and to protect your future.

Local Knowledge Matters In Bexar County

Every courthouse has written rules and unwritten practices. Knowing both matters. In Bexar County and San Antonio, procedures around intake, magistrate hearings, body camera requests, and motion settings affect strategy. An experienced local attorney knows how to obtain video quickly, how to sequence motions for maximum impact, and how to address bond and protective order issues in ways that keep you working, parenting, and living your life while the case is pending.

When To Hire A Lawyer, And Why Waiting Hurts

Should you hire a criminal defense attorney now? Yes. Here is why delay is dangerous:

  • Evidence disappears: Videos loop over or get deleted, vehicles get repaired, and witnesses scatter.
  • Prosecutors get a head start: The state collects statements and locks in narratives while you wait.
  • Early hearings set the tone: Bond conditions, no-contact orders, and initial deadlines are hard to unwind later.
  • Avoid self-inflicted damage: Without counsel, you may unknowingly consent to a search, give a harmful statement, or violate a condition.

The best time to contact a lawyer was yesterday, the second best time is now.

Why Choose Mario Del Prado

  • Board Certified in Criminal Law by the Texas Board of Legal Specialization.
  • Board Certified Criminal Trial Specialist by the National Board of Trial Advocacy.
  • Former Chief of the Criminal Trial and Major Crimes Divisions at the Bexar County DA’s Office.
  • More than 35 years of criminal trial experience in Texas courts.

You get meticulous investigation, strategic motion practice, trial-tested advocacy, and clear communication from day one through resolution. The firm handles serious felonies and misdemeanors in state and federal court, and guides you through the process with professionalism and discretion.

Practical Guidance If Police Contact You Today

  • Stay calm and be polite.
  • Identify yourself if required during a stop.
  • Do not consent to searches you do not wish to allow.
  • Clearly state, “I wish to remain silent. I want a lawyer.”
  • Contact counsel immediately.

Do not contact accusers or try to “explain things” to investigators. Let your attorney communicate for you.

Ready To Protect Your Future

If you are under investigation or charged in San Antonio or Bexar County, get trusted help now. Speak with a Board Certified trial lawyer who understands the local courts, the Constitution, and the stakes for your life and livelihood. The best time to hire a lawyer was yesterday, the second best time is now.

For more about our approach to criminal defense, visit our homepage as your starting point. If you need a seasoned advocate today, consult a criminal defense lawyer san antonio tx for immediate guidance aligned with your case and goals. If your matter is in federal court, you may also need a federal criminal defense attorney who understands the distinct procedures and sentencing landscape.

Summary

A criminal defense attorney protects your rights, your liberty, and your future from the first call through resolution. That work includes early investigation, constitutional challenges to searches and statements, strategic motions, negotiations grounded in trial readiness, vigorous trial advocacy, and thoughtful mitigation at sentencing. Defense lawyers stand between you and the full power of the state, honoring the presumption of innocence and demanding proof that meets the law. In San Antonio and Bexar County, timely action, local knowledge, and Board Certified trial experience can make all the difference. Contact Del Prado Law Firm now to protect what matters most.

Assault and Robbery Charges: Building a Strong Defense in Bexar County

December 17th, 2025 | Blog 17th, December at 5:07 AM

Facing an assault or robbery charge in Bexar County can feel overwhelming. You worry about your freedom, your family, your job, and your future. In moments like this, clarity and strategy matter. You need to understand what the charges really mean, what defenses may apply, and how a board-certified trial lawyer builds a plan to protect you. With more than 35 years of trial experience, Mario Del Prado has guided clients through high stakes cases in San Antonio and Bexar County, combining meticulous investigation, strategic motion practice, and confident courtroom advocacy.

Assault vs. Robbery in Texas, what is the difference?

Although they sometimes arise from the same incident, assault and robbery are legally distinct under Texas law.

  • Assault under Texas Penal Code generally involves causing bodily injury to another, threatening another with imminent bodily injury, or causing physical contact you know or should reasonably believe the other will find provocative or offensive. The level of the charge can range from a Class C misdemeanor to a felony, depending on factors such as injury, use of a weapon, relationship to the complainant, and prior convictions.
  • Robbery is a theft that becomes a violent offense because of force or threats. During the course of committing theft, or in immediate flight after the attempt or commission, if a person intentionally, knowingly, or recklessly causes bodily injury, or intentionally or knowingly threatens or places another in fear of imminent bodily injury or death, that is robbery. Robbery is a felony. If a deadly weapon is used or exhibited, or if serious bodily injury occurs, it may be charged as aggravated robbery, which carries even more severe penalties.

 

Think of it this way, assault is about injury or threat to a person, robbery is about theft coupled with injury or threat. That distinction drives how prosecutors charge a case and how a defense lawyer evaluates defenses, evidence, and risks.

What penalties could you face?

  • Assault penalties vary widely. A simple assault with no injury might be a misdemeanor, but family violence allegations, strangulation, or assault on certain protected individuals can elevate the charge to a felony with prison exposure, firearm restrictions, and lifelong consequences.
  • Robbery is a second degree felony in most cases, with a potential prison sentence measured in years, not months. Aggravated robbery raises the stakes further, often with first degree felony exposure.

 

Beyond prison or jail, a conviction can bring fines, restitution, probation conditions, protective orders, immigration consequences, employment barriers, loss of firearm rights, and lasting public records. Early and skilled intervention can change the course of the case.

How can you defend yourself against assault or robbery charges?

The best defense is the one grounded in facts, law, and timing. Common, effective defense approaches include:

  • Identity and misidentification. Eyewitness identifications are often flawed. Lighting, stress, distance, cross racial identification issues, and lineup procedures can lead to mistakes. Defense counsel challenges these identifications through investigation and motions.
  • Lack of intent. Both assault and robbery require specific mental states. If the facts show accident, mistake, or absence of intent to threaten or injure, that can undermine the prosecution.
  • Self defense, defense of others, or defense of property. Texas law recognizes justifications when reasonable force is used to protect yourself or another. A careful reconstruction of events, including timing, proportionality, and whether you reasonably believed force was necessary, can support a justification defense.
  • No theft or no nexus to theft. In a robbery case, the State must prove theft occurred or was attempted, along with force or threat during the course of the theft. If there was a dispute with no theft, or force unrelated to theft, the robbery charge may fail.
  • Insufficient evidence. Video gaps, inconsistent statements, missing forensic links, and unreliable witnesses can create reasonable doubt. Your lawyer should track every inconsistency and preserve it for motions and trial.
  • Constitutional violations. Illegal stops, detentions, or arrests, defective warrants, unlawful searches, improper Miranda warnings, and violations of confrontation rights can result in suppression of evidence, which can reduce the State’s leverage or lead to dismissal.
  • Overcharging and lesser included offenses. Even when some conduct is provable, it may not fit the charged offense. Targeted motions, negotiation, and trial strategy can secure dismissals, charge reductions, or acquittals on the most serious counts.

 

Each defense turns on specific facts, so early attorney involvement matters. The sooner your lawyer can secure evidence, locate witnesses, request body camera footage, and file motions, the stronger your position becomes.

What is involved in a strong criminal defense strategy?

A strong strategy is both proactive and precise. At Del Prado Law Firm, the defense process typically includes:

  1. Immediate assessment. You receive guidance on your rights, including exercising the right to remain silent and avoiding contact with accusers. We identify urgent steps, such as preserving surveillance video and obtaining medical records.
  2. Early investigation. We collect defense evidence, interview witnesses, examine 911 calls, body camera, dash camera, and surveillance footage, and analyze timelines. We also evaluate injury claims with medical and forensic experts when needed.
  3. Discovery and legal analysis. We review the State’s evidence line by line, test the chain of custody, and map each element of the charged offense against the facts. Weak links become targets for suppression or exclusion.
  4. Strategic motion practice. Motions to suppress evidence, exclude unreliable identifications, limit prejudicial testimony, and enforce constitutional protections can reshape the battlefield before trial.
  5. Negotiation with leverage. When appropriate, we engage prosecutors with a clear, documented view of the case’s weaknesses. Negotiation is strongest when trial readiness is real, not theoretical.
  6. Trial readiness. We prepare witnesses, exhibits, and cross examinations. Jurors respond to clarity and credibility, so preparation is everything. When the State cannot meet its burden, we ask for acquittal. When a lesser outcome is in your best interest, we pursue it without sacrificing your rights.

Why board certification and experience matter

Mario Del Prado is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a Board Certified Criminal Trial Specialist by the National Board of Trial Advocacy. He is a former Chief of the Criminal Trial and Major Crimes Divisions at the Bexar County District Attorney’s Office, and he has more than 35 years of criminal trial experience. Board certification signals tested skill, deep knowledge, and ongoing commitment to the highest professional standards. In serious assault or robbery cases, that experience translates into better analysis, sharper motions, and stronger trial advocacy.

Practical steps to protect yourself today

  • Do not discuss your case with anyone but your lawyer. Friends, family, and social media are not confidential.
  • Do not contact the complainant. Even a well meant message can be used against you or violate court orders.
  • Preserve evidence. Save messages, call logs, photos of injuries, and any location data or surveillance that may help reconstruct events.
  • Write a timeline for your lawyer. Details fade with time. A contemporaneous timeline helps your defense.
  • Get counsel involved quickly. The best time to hire a lawyer was yesterday, the second best time is now

Why choose Del Prado Law for assault or robbery defense in Bexar County

You deserve a defense that is personal, strategic, and relentless. Del Prado Law combines board certified expertise with hands on investigation and motion practice aimed at dismissals, reductions, or acquittals. The firm guides you through the process, explains your options, and manages communications so you do not jeopardize your case.

If you are seeking a trusted advocate in San Antonio or Bexar County, speak with a criminal defense attorney who has tried serious cases and knows the local courts. When it fits naturally in your research, you can learn more about our approach to criminal defense on our website. If robbery is the immediate concern, you may also want to review how a dedicated robbery defense attorney evaluates force, identification, and theft elements in these cases.

Summary, take control of your defense

Assault and robbery charges are serious, but you are not powerless. Understand the legal differences, protect your rights, and move fast to secure a tailored defense. With board certification, decades of trial experience, and a disciplined strategy from investigation through trial, Mario Del Prado and Del Prado Law fight to safeguard your liberty, reputation, and future. Reach out now, before evidence goes stale and positions harden. The decisions you make today can change the outcome of your case.

Facing Domestic Violence Allegations? Here’s What You Need to Know

November 11th, 2025 | Blog 11th, November at 10:11 PM

Domestic violence allegations move fast in Texas, and the consequences can be life changing. The moment an accusation is made, you can face arrest, a protective order that forces you out of your home, and strict no-contact conditions. Your words and actions in the first hours matter. If you or a loved one is under investigation or has been arrested, get calm, get informed, and get counsel. The best time to contact a lawyer was yesterday; the second best time is now.

What qualifies as domestic violence in Texas?

Texas uses the term “family violence” to describe a broad range of conduct involving family members, household members, or people in a dating relationship. Under Texas law, an offense can qualify as domestic or family violence if it involves:

  • Intentionally, knowingly, or recklessly causing bodily injury to a family or household member, or a dating partner. Even minor pain can count as bodily injury.
  • Threatening imminent bodily injury, such as raising a fist while stating an intent to strike.
  • Offensive or provocative physical contact when a reasonable person would find it offensive, such as a shove or unwanted grab
  • Strangulation or choking, which Texas treats as a serious felony.
  • Repeated offenses, which can elevate a misdemeanor to a felony based on prior family violence convictions.

The “relationship” element is broad. It includes spouses, former spouses, parents, children, people who share a child, current or former dating partners, roommates, and sometimes extended family. You do not need visible injuries for an arrest. An officer can arrest based on probable cause from statements, a 911 recording, witness observations, inconsistent stories, or signs of a struggle.

What happens when someone is accused of domestic violence?

A single call can start a chain of events that moves quickly:

  • Police response and arrest: Officers often separate parties, interview each person, and decide whether to arrest on the spot. If they believe family violence occurred, they will usually make an arrest.
  • Emergency protective order: After arrest, a magistrate can issue an emergency protective order. This can bar you from the home, restrict firearm possession, and prohibit any contact with the accuser. Violating the order can lead to new charges.
  • Booking, bond, and release conditions: You will be booked and may post bond. Expect strict conditions like no contact, GPS monitoring, alcohol or drug testing, or counseling requirements.
  • Prosecutor review: The alleged victim cannot “drop the charges.” The State controls the case. Prosecutors can move forward even if the complainant wants the case dismissed.
  • Evidence gathering: The State will collect 911 calls, officer body camera footage, medical records, photos, text messages, and witness statements. Your social media, emails, and calls from jail can become evidence.
  • Court settings: You will attend arraignment and later court dates. Missing court can result in a warrant and bond revocation.
  • Potential outcomes: Options include dismissal, reduction to a lesser charge, deferred adjudication, or trial. A conviction can bring jail time, fines, probation, mandatory classes, firearm restrictions, immigration consequences, and a lasting criminal record. A finding of family violence can carry collateral effects long after the case ends.

How a defense attorney protects you

Early counsel is critical. A seasoned defense lawyer can do more than speak for you in court. Your attorney can:

  • Shield your rights: Advise you to remain silent, prevent damaging statements, and manage all communication with law enforcement and accusers.
  • Investigate quickly: Secure favorable evidence before it disappears, collect phone records, messages, location data, surveillance video, witness statements, and medical or mental health records that provide context.
  • Analyze the law and facts: Examine probable cause for arrest, inconsistencies in statements, defensive injuries, self-defense or defense of others, and whether the State can prove the relationship element that elevates the case to family violence.
  • Challenge protective orders: Seek modifications that allow essential contact for childcare or property retrieval when appropriate, and fight for reasonable bond conditions.
  • File strategic motions: Move to suppress unlawfully obtained evidence, exclude prejudicial material, or compel disclosure of evidence the State must produce
  • Negotiate from strength: Present mitigating facts, treatment efforts, or documented inconsistencies to pursue dismissals, declinations, or reduced charges.
  • Prepare for trial: If trial is the best path, build a clear narrative, cross-examine effectively, and present experts or evidence that supports your defense.

Common defenses in Texas domestic violence cases

Every case is different, and the defense must match the facts. Possible defenses include:

  • Self-defense or defense of others, especially when injuries or scene evidence support your account.
  • Lack of intent, where accidental contact does not meet the legal threshold.
  • False accusations or exaggeration during high-conflict moments such as breakups or custody disputes.
  • Insufficient evidence, where the State cannot meet its burden beyond a reasonable doubt.
  • Challenging the relationship element, if the alleged victim does not fall within the family, household, or dating categories as the law defines them.

A careful attorney will investigate each avenue and select the strategy that best protects your liberty and reputation.

What you should do right now

  • Do not discuss the incident with anyone but your lawyer. Friends, family, and social media are not safe places to explain your side.
  • Follow all protective order and bond conditions. A violation can create new charges and weaken your defense.
  • Preserve evidence. Save texts, emails, call logs, photos, and contact information for witnesses
  • Write a timeline while details are fresh. Note times, locations, who was present, and what was said.
  • Get legal counsel immediately. Early action can change outcomes.

Why Del Prado Law

When your freedom and future are at stake, you need a battle tested advocate who knows Texas criminal courts and understands the emotional weight of domestic cases. Mario Del Prado brings more than 35 years of trial experience in San Antonio and Bexar County. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a Board Certified Criminal Trial Specialist by the National Board of Trial Advocacy. He has served as Chief of Criminal Trial and Major Crimes Divisions at the Bexar County District Attorney’s Office, and he has been recognized repeatedly as a Texas Super Lawyer. That background matters when prosecutors are building a case against you.

At Del Prado Law, you receive immediate case assessment, thorough investigation, and tailored strategy. The firm explains the process clearly, handles communications with accusers and third parties, and prepares every case as if it will go to trial. You are presumed innocent. The team’s job is to protect your rights, your liberty, and your future with meticulous attention to the facts and the law.

If you need a trusted domestic assault defense attorney who will move quickly and decisively, speak with Del Prado Law right now. If it fits your situation, you can start by consulting a seasoned criminal defense attorney, or, for local representation, a domestic assault defense attorney who knows San Antonio courts and procedures.

Final takeaways

  • Domestic violence in Texas covers a wide range of conduct and relationships, from threats and offensive contact to injury and strangulation.
  • After an accusation, arrests and protective orders can happen quickly, and the State controls the case, not the complainant.
  • Early, skilled representation can protect your rights, preserve evidence, and position you for dismissal, reduction, or acquittal.

The best time to hire a lawyer was yesterday; the second best time is now. Contact Del Prado Law for a confidential consultation and the focused defense you deserve.

Best Criminal Defense Lawyers in San Antonio (2025 Guide)

September 25th, 2025 | Blog 25th, September at 8:23 PM

If you search Google for best criminal defense lawyer in San Antonio, you’ll find long lists filled with names you’ve never heard of — many of them chosen because they paid to be featured or filled out a directory profile. But when your freedom is on the line, you need more than a marketing list.

You need a lawyer with real trial experience, proven results, and board certification.

That’s why this guide takes a different approach. Instead of promoting ads, we highlight what actually matters in a defense lawyer — and why Mario Del Prado is consistently recognized by peers, judges, and clients as one of San Antonio’s very best.

What Makes a Lawyer “The Best”?

Before naming names, let’s talk about criteria. The best criminal defense lawyers aren’t just the ones with flashy websites. Look for:

✅ Board Certification in Criminal Law – Less than 1% of Texas lawyers hold this. It proves expertise.
✅ Decades of courtroom experience – Has the lawyer handled serious felonies, not just minor cases?
✅ Former prosecution experience – Do they know how the other side builds cases — and how to dismantle them?
✅ Peer recognition – Super Lawyers, professional awards, respect in the courthouse.
✅ Proven results – Acquittals, dismissals, and reductions when the stakes are highest.

Mario Del Prado – A Trial Lawyer Who Checks Every Box

When you measure criminal defense lawyers in San Antonio by these criteria, Mario Del Prado rises to the top.

  • Board Certified in Criminal Law – Certified specialist by the Texas Board of Legal Specialization.
  • Over 35 years in the courtroom – From misdemeanors to capital murder.
  • Former Chief Prosecutor – Led both the Criminal Trial Division and Major Crimes Division of the Bexar County DA’s Office.
  • Proven results – Acquittals and dismissals in the toughest cases.
  • Texas Super Lawyer – Repeatedly recognized among the top 5% of attorneys statewide.
  • Respected locally – Born in Goliad, raised and educated in San Antonio, trusted by judges and juries alike and recognized as one of the area’s high-powered defense lawyers.

When directories list “top” lawyers, they often leave out Mario Del Prado simply because he doesn’t spend thousands buying ad placements. But ask anyone who’s been in a San Antonio courtroom: his reputation speaks louder than marketing.

Why Choosing the Right Lawyer Matters

Being charged with a crime is one of the most frightening experiences of a lifetime. The lawyer you choose will shape your future. Don’t base that choice on ads or directory rankings. Look for:

  • Experience where it counts – Jury trials, cross-examinations, high-stakes cases.
  • Trust and communication – Someone who tells you the truth, not what you want to hear.
  • Local credibility – A name judges and prosecutors take seriously.

That’s why so many in San Antonio turn to Del Prado Law when everything is on the line.

Call Del Prado Law Today

If you or a loved one has been charged with a crime in San Antonio, don’t settle for a directory list. Hire a lawyer with a proven record of success.

📞 Call Del Prado Law today at 210-663-3750
🌐 Visit delpradolaw.com

Mario Del Prado has dedicated his career to defending the accused, protecting constitutional rights, and fighting for justice in Texas courtrooms.

When freedom is at stake, choose experience that wins.

Understanding Sexual Offense Charges: What to Expect and How to Respond

September 10th, 2025 | Blog 10th, September at 7:30 PM

If you or someone you love is facing a sexual offense accusation in Texas, you are likely overwhelmed, scared, and uncertain about what happens next. These cases move quickly, the law is complex, and the consequences are life changing. You deserve clear information and steady guidance from a trusted advocate who will treat you with dignity while fighting for your rights and your future.

This guide explains what counts as a sexual offense in Texas, what to expect after an accusation, and why experienced legal help can make the difference between a life derailed and a path forward. It reflects the approach of Del Prado Law Firm in San Antonio, where clients receive serious defense for serious charges backed by more than 35 years of experience and board certification in Criminal Law.

What counts as a sexual offense in Texas?

Texas law covers a wide range of conduct under the umbrella of sexual offenses. Each charge has specific legal elements the state must prove. Penalties vary based on factors like age, consent, alleged force, and prior criminal history. Common categories include:

  • Sexual assault and aggravated sexual assault. These involve nonconsensual sexual contact or penetration, with aggravated cases tied to factors like serious bodily injury, use of a weapon, or the age or vulnerability
    of the complainant.
  • Indecency with a child. This includes sexual contact with a minor or exposure offenses involving a child. The law applies strict rules about age, and consent is not a defense when the complainant is below certain
    ages.
  • Online solicitation of a minor and possession or promotion of child pornography. Digital evidence, search warrants, and undercover operations often drive these charges.
  • Continuous sexual abuse of a young child. This is among the most serious allegations and involves a pattern of conduct over time.
  • Improper relationship between educator and student. Even if the student is over the age of consent, the teacher student relationship can trigger criminal liability.
  • Public lewdness and indecent exposure. Often misdemeanors, these still carry reputation risks and potential registration requirements depending on circumstances.

Not every accusation fits neatly into a category. Sometimes the facts describe a misunderstanding, a dispute over consent, mistaken identity, or digital evidence that is out of context. The state still must prove each element
beyond a reasonable doubt. An experienced defense lawyer knows how to pressure test every piece of the case.

What happens after a sexual offense accusation?

You may first learn of an accusation through a detective’s call, a knock at your door, or an arrest. Early moments matter. What you say can be used against you, and consent to a search can expand the state’s evidence.
Protect yourself by exercising your rights calmly and clearly.

Here is what typically follows:

  • Investigation. Law enforcement gathers statements, collects digital evidence, analyzes phones and computers, and may seek search warrants. Do not speak to police without counsel present.
  • Arrest and bond. If arrested, you will be processed and may be eligible for bond. A lawyer can argue for reasonable terms, including conditions that protect your ability to work and support your family.
  • Magistrate and first court settings. You will receive formal notice of the charges. Timelines begin to run for discovery, motions, and preliminary hearings.
  • Protective orders and no contact. Courts often impose strict no contact rules. Violations can trigger additional charges. Follow your lawyer’s guidance to stay compliant.
  • Discovery and motions. Your defense lawyer requests police reports, forensic results, digital extractions, and witness statements. Motions may challenge illegal searches, unreliable forensic methods, or the admission of prejudicial evidence.
  • Negotiations and trial preparation. A good defense is built early. Your lawyer investigates independently, interviews witnesses, secures experts, and prepares for trial while evaluating any plea options. Serious preparation often produces better negotiations.
  • Trial or resolution. Many cases resolve before trial, but you need counsel who is ready and able to try the case. Judges and prosecutors know who is ready to fight, and that experience can change outcomes.

Silence, patience, and a disciplined defense plan are your allies. The ideal time to hire counsel was yesterday, the second best time is now.

Possible defenses in sexual offense cases

Every case is unique, but common defense strategies include:

  • Consent and credibility. The central dispute may be whether consent was present. Your lawyer can challenge inconsistent statements, motive to fabricate, and bias.
  • Identity and alibi. Eyewitness identifications are often unreliable. Digital footprints, location data, and timelines can support a strong alibi.
  • Forensic scrutiny. DNA transfer, touch DNA, and digital forensics are complex. Experts can explain contamination risks, alternative explanations, or analytical errors.
  • Illegal search and seizure. If police exceeded the scope of a warrant or lacked probable cause, evidence can be suppressed.
  • Impeachment and prior statements. Recorded messages, social media exchanges, and texts may contradict the narrative presented in court.
  • Procedural and evidentiary challenges. Your lawyer can move to exclude hearsay, improper character evidence, or speculative expert opinions.

A tailored strategy is essential. What wins one case can lose another. You need counsel who has seen the full range of tactics and knows how to adapt under pressure

Why you should seek experienced legal help now

Sexual offense charges carry heavy consequences, including prison time, fines, and possible sex offender registration. Collateral damage can include loss of employment, housing difficulties, social stigma, and immigration impact. Early intervention by a seasoned lawyer can:

  • Stop harmful statements before they happen.
  • Protect your access to evidence through preservation letters and prompt investigations.
  • Challenge warrants and searches at the right time, not after deadlines pass.
  • Shape the narrative with prosecutors and judges by presenting mitigating facts early.
  • Prepare for trial from day one, which often leads to stronger negotiations or dismissals.

At Del Prado Law Firm, you get a Board Certified Criminal Law Expert with more than 35 years of trial experience, recognized by peers and the courts for winning serious cases. That experience is not a slogan, it is a
roadmap for navigating high stakes litigation with discipline and precision.

How our firm supports you and your family

Being accused affects more than the person charged. Families need information, structure, and steady communication. Our team:

  • Explains each step, from investigation to verdict, so you know what to expect.
  • Coordinates with experts in forensics, digital analysis, and psychology when appropriate.
  • Manages contact with law enforcement and the court to protect your rights and reduce stress.
  • Builds a defense that respects your dignity and fights for your freedom.

If you need immediate guidance, speak with a sexual assault defense attorney who understands the local courts and the pressure of these cases. It is critical that you do not talk to detectives or accusers without your lawyer.

Practical steps to take today

  • Do not discuss the case with anyone but your lawyer. Assume texts, posts, and calls can be discovered.
  • Do not consent to searches of your home, car, or devices without counsel.
  • Save potential evidence, including messages, photos, travel data, and contact lists. Do not alter or delete anything.
  • Make a written timeline while details are fresh. Include names of possible witnesses.
  • Call a trusted criminal defense attorney immediately to protect your rights and start a defense plan.

When to contact Del Prado Law Firm

If you are under investigation or have been arrested, time is not your friend. Contact an experienced criminal defense attorney who is battle tested and ready to act. Del Prado Law Firm in San Antonio provides serious defense for serious charges, backed by board certification and decades in the courtroom.

For focused help right now, you can explore how a sexual assault defense attorney approaches these cases. When your freedom is at stake, you need a strategic advocate in your corner.

Summary and next steps

Sexual offense charges in Texas cover a wide spectrum, from sexual assault to online solicitation and indecency, each with unique elements and heavy penalties. After an accusation, the case moves through investigation, arrest, bond, discovery, motions, and possibly trial. Early, experienced legal help can protect your rights, preserve evidence, challenge unlawful searches, and build a strong defense rooted in facts and law.

If you or a loved one needs guidance, contact Del Prado Law Firm. With more than 35 years of experience and board certification in Criminal Law, we bring trusted judgment and disciplined advocacy to the toughest cases.
Talk with a criminal defense attorney who treats you with dignity while fighting relentlessly for your future a high-powered defense lawyer dedicated to your case.

Internal Resources You May Find Helpful:

 

Call Now -210-663-3750

Right to Confrontation in Texas

July 11th, 2025 | Blog 11th, July at 8:35 AM

The Right to Confrontation in Texas Criminal Trials

The Sixth Amendment guarantees every defendant the right to confront their accuser in court. At Del Prado Law, we defend this right every day.

What Is the Right to Confrontation?
Why It Matters
Exceptions Prosecutors Use
Especially Important in Domestic Violence Cases

We fight to uphold your rights — even when prosecutors try to bend the rules. Let Del Prado Law stand between you and wrongful conviction.

Call Now -210-663-3750
Texas courtroom cross-examination scene

Texas Self-Defense Laws

July 11th, 2025 | Blog 11th, July at 7:37 AM

Texas Self-Defense Laws Explained Simply

Self-defense is one of the most powerful tools in criminal law — and in Texas, it’s a right protected by law. Here’s what every Texan needs to know.

When Is Force Justified?
When Is Deadly Force Allowed?
No Duty to Retreat
Castle Doctrine

Charged after defending yourself? Call Del Prado Law — we’ll protect your right to stand your ground in Texas.

Call Now -210-663-3750
Person defending themselves in self-defense situation

Assault Charges in Bexar County

July 11th, 2025 | Blog 11th, July at 6:53 AM

5 Proven Defenses to Assault Charges in Bexar County, Texas

If you’ve been charged with assault in San Antonio or anywhere in Bexar County, don’t panic — but don’t delay either. Here are five proven strategies we use at Del Prado Law:

  • Self-Defense or Defense of Others
  • Lack of Intent
  • False Allegations
  • Mutual Combat
  • Insufficient Evidence

Let Del Prado Law defend your name and freedom. We don’t back down — and we know how to win assault cases in San Antonio courts.

Call Now -210-663-3750
Defense attorney with client in court hallway

No Drop Policies

July 11th, 2025 | Blog 11th, July at 6:24 AM

Understanding ‘No Drop’ Policies in Texas Domestic Violence Cases

In Texas — especially in San Antonio and Bexar County — prosecutors often follow a “no drop” policy in domestic violence cases. Even if the alleged victim wants to drop the charges, the DA may still prosecute.

What Is a “No Drop” Policy?
Can the DA Really Proceed Without the Victim?
Your Right to Confront Your Accuser
What Should You Do If You’re Charged?

Facing a “no drop” policy in Bexar County? Call Del Prado Law now. We’ve helped hundreds beat or reduce family violence charges.

Call Now -210-663-3750
Courtroom with gavel and domestic case folder

Arrested in San Antonio

July 11th, 2025 | Blog 11th, July at 5:44 AM

What to Do If You’re Arrested in San Antonio: Your Legal Rights and Next Steps

Getting arrested in San Antonio can be terrifying and confusing. Whether it’s your first encounter with law enforcement or not, understanding your rights and next steps is crucial to protecting your freedom. At Del Prado Law, we’ve defended thousands of clients across Bexar County and we know how to help you take control of your case from the moment the handcuffs come on.

  • Stay Silent — It’s Your Constitutional Right
  • Don’t Consent to Searches or Give Statements
  • Contact a Criminal Defense Lawyer Immediately
  • Understand the Booking and Bail Process in Bexar County
  • Prepare for Your First Court Appearance

Arrested in San Antonio? Contact Del Prado Law today for a free consultation. We fight to get your charges dismissed or reduced — fast.

Call Now -210-663-3750
San Antonio arrest scene with police lights