Emergency? Call Now The short answer. If police or CPS want to talk to your son, husband or brother about an accusation involving a child, he should say he wants a lawyer and then call one before any interview. Indecency with a child, aggravated sexual assault of a child and continuous sexual abuse are among the most serious charges in Texas. Some carry a 25-year minimum, most carry lifetime sex offender registration, and none has a statute of limitations. These cases are usually built on a child’s recorded interview and the first adult the child told, so the work has to start before charges, not after. I defend these cases in Bexar County, Guadalupe County and surrounding counties. Call me at 210-663-3750.
Police want to talk to my son about a child accusation. Should he go?
No, not without a lawyer. The invitation usually sounds harmless: a detective wants “to get his side,” or a CPS worker wants to “close out” a report. Neither one is neutral. What he says in that room will be written down or recorded, and in these cases it is often the only evidence that does not come from the child.
Silence alone does not protect him. In Salinas v. Texas, 570 U.S. 178 (2013), prosecutors were allowed to use a man’s silence during a voluntary interview against him because he never said he was invoking his rights. So he should say it plainly: “I want to talk to a lawyer before I answer any questions.” If he is in custody and asks for a lawyer, questioning has to stop. Miranda v. Arizona, 384 U.S. 436 (1966); Edwards v. Arizona, 451 U.S. 477 (1981). Then the lawyer calls the detective. He does not.
I wrote more about this stage in defending a sexual offense investigation before charges are filed.
How do these cases usually begin?
Almost always with words. A child says something to a parent, a teacher or a counselor. A report is made. The child is taken for a recorded forensic interview, and a detective builds the case from that recording and from the adult the child first told. Physical evidence is often absent, especially when the accusation comes months or years after the events described.
That shapes the defense. The questions that matter are how the first statement came out, who asked what, how the interview was conducted, and whether the story grew between tellings. A recorded interview can be admitted at trial only if it meets strict conditions, including that the questions were not designed to lead the child to a particular answer. Code Crim. Proc. art. 38.071.
What is an “outcry,” and why does it matter so much?
Texas lets the State bring in, as an exception to the hearsay rule, what a child under 18 first told an adult about the offense. That adult is the “outcry witness.” Code Crim. Proc. art. 38.072. The State must give notice at least 14 days before trial, and the judge must hold a hearing outside the jury’s presence and find the statement reliable.
That hearing is one of the most important moments in the case. The outcry witness must be the first adult the child told in a way that described the offense in some discernible manner, not a general allusion that something happened. Garcia v. State, 792 S.W.2d 88 (Tex. Crim. App. 1990). Which adult qualifies, and what exactly the child said, can change the entire trial.
Can he be convicted on the child’s word alone?
Yes. Texas law allows a conviction for these offenses on the uncorroborated testimony of a child, without any requirement that the child told someone within a year. Code Crim. Proc. art. 38.07. That is why “there’s no proof” is not a defense strategy. The defense has to be built from the details: timelines, opportunity, how the accusation surfaced, and what was said in each retelling.
What is he facing?
| Charge | Punishment | Registration |
|---|---|---|
| Indecency with a child by contact, Penal Code § 21.11(a)(1) | Second degree felony, 2 to 20 years | Lifetime |
| Indecency with a child by exposure, § 21.11(a)(2) | Third degree felony, 2 to 10 years | Ten years, unless there is another reportable conviction |
| Aggravated sexual assault of a child, § 22.021 | First degree felony, 5 to 99 years or life. Minimum of 25 years if the child was younger than 10, or younger than 14 with certain aggravating facts. § 22.021(f) | Lifetime |
| Continuous sexual abuse of a young child, § 21.02 | 25 to 99 years or life | Lifetime |
Registration rules are in Code Crim. Proc. art. 62.101. Deferred adjudication is not available for continuous sexual abuse or for aggravated sexual assault punishable under § 22.021(f), so the exact charge the State files decides what a judge is even allowed to do. Code Crim. Proc. art. 42A.102.
There is no statute of limitations for indecency with a child, aggravated sexual assault of a child or continuous sexual abuse. Code Crim. Proc. art. 12.01(1). And since November 2025, a judge can deny bail outright for aggravated sexual assault and for indecency with a child after a hearing. See Section 11d bail denial in Bexar County.
Where do you handle these cases?
In Bexar County district courts in San Antonio, in Guadalupe County courts in Seguin, and in surrounding counties. The law is the same statewide. What changes from county to county is the prosecutors, the judges, the investigators and how long things take, and that local knowledge matters in a case where the first months decide so much. See where I practice.
What should happen in the first weeks?
- No interviews with police or CPS without counsel, and no conversations about the accusation with the child, the child’s parent or anyone connected to them.
- Messages, photos, calendars, work schedules and travel records that show where he was and when are gathered and preserved.
- If there is a custody dispute, a divorce or a family conflict in the background, its timeline is documented, because it may explain when and how the accusation surfaced.
- The defense prepares for the forensic interview recording and the outcry hearing long before trial.
- If the State has not yet decided whether to charge, there may be an opportunity to present information before a grand jury does. That is a judgment call that depends on the facts, never a reflex.
No honest lawyer can promise how a case ends. I can promise that these decisions are made early and deliberately by someone who supervised the prosecution of these cases and now defends them.
Who should he call?
I have been Board Certified in Criminal Law by the Texas Board of Legal Specialization since 1996 and have practiced criminal law for more than 39 years. From 2019 to 2022 I was Chief of the Criminal Trial Division and then Chief of Major Crimes at the Bexar County District Attorney’s Office. In 2026 I obtained a dismissal in Guadalupe County of charges that included aggravated sexual assault of a child and indecency with a child. Read more about sexual assault defense dismissals and reductions. Every case is different, and prior results do not guarantee a similar outcome.
Call me at 210-663-3750. I answer my own phone, and the first call is free.
Frequently asked questions
CPS wants to interview him. Is that different from a police interview?
Treat it the same way. What he tells a CPS worker can reach the detective and the prosecutor. He should be polite, decline to discuss the accusation, and have a lawyer respond.
The accusation is from years ago. Can they still charge him?
Yes. There is no statute of limitations for indecency with a child, aggravated sexual assault of a child or continuous sexual abuse. Code Crim. Proc. art. 12.01(1).
Will he have to register as a sex offender?
For most of these charges, a conviction or deferred adjudication means registering for life. Indecency by exposure carries ten years unless he has another reportable conviction. Code Crim. Proc. art. 62.101. The charge itself, and whether it can be dismissed or reduced, often matters as much as the prison range.
Can he be convicted with no physical evidence?
Yes. The child’s testimony alone can support a conviction. Code Crim. Proc. art. 38.07. The defense is built on details: timing, opportunity and how the account developed.
Can he get bail?
Usually, but not always. For aggravated sexual assault and indecency with a child, a judge can now deny bail entirely after a hearing under Article I, Section 11d of the Texas Constitution. Preparing for that hearing early matters.
Should he contact the child’s parent to explain?
No. Any contact can be described as pressure, and offering anything to make a charge go away is a separate felony. Penal Code § 36.05. All communication goes through counsel.
This page is general information about Texas law, not legal advice for your situation, and reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome. Mario Del Prado, Attorney at Law, 342 W. Woodlawn Ave., Suite 302, San Antonio, Texas 78212. Board Certified in Criminal Law, Texas Board of Legal Specialization.
