What Happens Before You’re Charged with a Sex Crime in Texas

The Silent Phase of a Criminal Case

If you’ve been accused of a sex crime but haven’t been charged yet, you’re probably wondering what’s happening behind the scenes. That in-between time can feel confusing and terrifying. I want to walk you through what actually happens in those early stages, and why the actions you take right now can shape your entire future.

Why Early Action Matters

When you’re facing an accusation of a sex crime, it’s not just about waiting to see what happens. The time before charges are filed is when some of the most important decisions are made, and the quality of the investigation plays a huge role. This is also the phase where a defense attorney can get involved and begin building your side of the story.

If someone you care about is facing an allegation like this, do not wait. Speak with a sex crime defense attorney who takes a proactive approach, not someone who just reacts after the damage is already done.

How a Sex Crime Case Gets Started

A sex crime case typically begins with a complaint. That might come from an alleged victim, a parent, a teacher, a religious leader, or even a friend. Once the police receive that initial phone call, the process begins. Sometimes investigations move quickly, but other times it can take months for officers to even begin reviewing the allegation.

In an ideal world, police should collect evidence, conduct interviews, and seek the truth. That includes getting a detailed statement from the complainant. If the complainant is a child, that interview is usually conducted by someone called a forensic interviewer, who is trained to speak with children in sensitive cases.

The troubling part is that police often label the complainant as a “victim” before any investigation has actually been completed.

Gathering Evidence: What Should Happen

After the initial statement, officers are supposed to interview potential witnesses. These are people who may have seen something or heard something relevant to the case. Investigators should also collect any physical evidence, including clothing, messages, videos, or items from the alleged crime scene.

If appropriate, a sexual assault nurse examiner (SANE) may be called in to document injuries and gather medical evidence. Investigators are also supposed to seek corroboration, such as text messages, medical records, or surveillance footage that could support the complainant’s story.

The key word here is “supposed.” In reality, many of these steps are skipped or rushed. That’s where problems begin.

The Quality of the Investigation Matters

Not all investigators treat cases the same way. Some are fair and seek the truth. Others start with a bias, treating every piece of evidence as a way to support the accusation. And then there are those who do next to nothing. They read the original patrol report and then hand the case off to the district attorney without doing much at all.

When that happens, the system is already working against you before you have had a chance to respond. That is why having the right legal representation early in the process is so important.

How a Defense Attorney Can Help Before Charges Are Filed

Even before you are officially charged, your defense attorney can be taking action. I work behind the scenes to preserve evidence that might help your case. That includes text messages, photos, social media activity, and other forms of digital communication that could disappear quickly.

I can also help you identify witnesses that the police might have overlooked and make sure their voices are heard. Most importantly, I can advise you on what to say and what not to say. Saying the wrong thing, even casually, can severely hurt your case before it even begins.

What Happens When the Sex Crime Case Gets to the Prosecutor

Once the investigation wraps up, the police send the case to the district attorney’s office. The prosecutor then decides whether to file charges. Ideally, they review all the available evidence, but the strength of that evidence often depends on how well your side of the story has been presented.

This is why early involvement by your sex crime defense attorney can make all the difference. If I can show weaknesses in the case, raise questions about the evidence, or provide additional context, I may be able to stop charges from ever being filed.

Charged With a Sex Crime? Call Us Before It is Too Late

If you or someone you love is facing a sexual allegation and no charges have been filed yet, this is the time to act. What happens right now could change the course of your life. I am here to help you navigate this complex and critical stage of the process.

Contact us today. Let’s talk about your rights, your options, and how to protect your name and your future.