Blog

As a teacher, an accusation of inappropriate conduct with a student can destroy your career. Not only that, but you could face serious penalties in a criminal court of law. To protect your future, get in contact with a Denton County, TX criminal defense lawyer with experience handling sex crimes. At Magaña & Van Dyke, we understand how serious it is to be accused of having an improper relationship with a student. Our firm can provide you with comprehensive legal support to combat damaging allegations and defend you in court. We have decades of experience in criminal defense, and in the past, we have represented clients accused of serious sex crimes Responding to Allegations of Sexual Misconduct as an Educator Texas law defines an improper teacher/student relationship as "engaging in sexual contact, intercourse, or deviate sexual intercourse" with someone enrolled in a primary or secondary school while working as an employee for that school ( Texas Penal Code Sec. 21.12). This does not just include teachers, but teacher interns, educational aides, administrators, school counselors, and other employees in a school district. In Texas, this crime is prosecuted as a second-degree felony, which carries a prison sentence of two to 20 years along with a possible $10,000 fine. If you are accused of committing another sex crime in the alleged relationship, like soliciting a minor, you could be charged with both offenses. Responding to Allegations of Sexual Misconduct as an Educator If you have been accused of a crime involving an improper relationship with a student, you may be assailed with questions from law enforcement and the public. Oftentimes, it is best to remain silent while the legal proceedings are ongoing. Keep in mind that any statements you make to police or prosecutors could be used as evidence against you. No matter how well-intentioned, anything you say could be construed as proof of your guilt. In general, the only person you should talk to about your case is your attorney. Our firm can strategize with you ahead of time, helping you prepare for the hearing. Defense Strategies Against Allegations of Teacher Misconduct When you are facing second-degree felony charges for an alleged improper relationship, it is important that you explore all possible defenses. The law does make exceptions for certain relationships, such as a relationship with an age gap of three years or less that began before the accused person started working as an educator. Our firm can also help you challenge false allegations with a thorough investigation. We will review testimony from the accuser and other parties, and if there is not enough evidence to suggest you were in an improper relationship, we will seek a dismissal of the charges. Contact a Denton County, TX Criminal Defense Attorney As a teacher, confronting allegations of misconduct can be frightening. At Magaña & Van Dyke, we are here to protect you with strong counsel and advocacy in court. To schedule a free consultation with our Cooke County, TX sex crime defense lawyers, call our offices at 940-382-1976 today. Se Habla Español.

Being convicted of a sex crime in Texas can come with hefty punishments. In addition to the threat of fines and jail time, you may be forced to register as a sex offender. This can have a severely damaging impact on your reputation, and depending on the offense, registration may be permanent. If you have been charged with a crime that requires registration, a Texas sex crimes attorney can defend you in court and explore your options to protect your future. Sex offenders in Texas are required to adhere to certain rules, that, if violated, could lead to criminal charges. At Magaña & Van Dyke, we can advise you of your rights and explain your options to avoid ending up on the sex offender registry. The Sex Offender Registry Is Publicly Available One of the main purposes of the sex offender registry is to alert people of potentially dangerous individuals in their community. As such, information about sex offenders, including identifying information and the crimes they were convicted of, is publicly available. If you are on the registry, people can see your name, a photograph of your face, and your home address. Depending on the perceived risk, schools in your area may be notified of your registration. In Texas, sex offender registration can last either for 10 years or life. Convictions of sex offenses involving minors typically result in lifetime registration in Texas. Offenders Must Check in With Law Enforcement Sex offenders in Texas are required by law to periodically check in with local police agencies. Many sex offenders are only required to check in once a year with local law enforcement. However, if you are deemed to be a sexually violent predator, you may have to check in once a month. The purpose of these check-ins is to verify that all of the information about your registration is still accurate. You will also be required to notify law enforcement of any changes in your "online identifiers" on social media websites. Failing to comply with any check-ins could result in felony charges. Residency Restrictions for Sex Offenders If you have been placed on a sex offender registry, you may be prohibited from living near a place where children congregate, such as public parks or schools. The exact distance may vary depending on the town or county, from 500 to 2,000 feet. This can severely restrict your ability to find housing, so avoiding mandatory registration is in your best interests. Additionally, as a sex offender, you will be barred from living on the campus of a college or university. You may also be barred from working in positions that involve contact with children. Contact a Denton County, TX Sex Crimes Defense Attorney Today If you have been charged with a sex crime, you should know about the possible consequences of a conviction. At Magaña & Van Dyke, we represent people accused of criminal sexual misconduct. We will consider the long-term impact of your case and pursue a strategy that serves you well. To schedule a free consultation with our Cooke County, TX sex offense lawyers today, call our offices at 940-382-1976.

Following a sex scandal involving the senior pastor and founder of the Gateway Church in Dallas a few months ago, many state lawmakers are considering asking for harsher penalties for sex crimes against children. The upcoming legislative session in January 2025 may see some proposals meant to do just that. While every adult in the state of Texas who knows or suspects child sexual abuse is considered a mandatory reporter, few District Attorneys prosecute those who do not report. Some would like to see this changed, along with the removal of statutes of limitations for Texas child sex abusers. While sexual abuse of a child is something few adults would champion, there are instances when children could be "coached" by another adult to claim something that did not happen. Regardless of the circumstances, if you are charged with sexual abuse of a child, it is extremely important that you speak to a knowledgeable Cooke County, TX criminal defense attorney. What Are Sex Crimes Against Children? The most commonly charged sex crimes against children in the state of Texas include: Criminal Solicitation of a Minor Indecency with a Child Under 17 Improper Relationship Between Educator and Student Sexual Performance by a Child Possession or Promotion of Child Pornography Child Molestation Continuous child molestation Penalties for Sex Crimes Against Children Indecency with a child may be charged as a first-, second-, or third-degree felony. A third-degree felony for indecency with a child carries a penalty of no more than 10 years and no less than two years in prison. An improper relationship between an educator and a student is a second-degree felony, punishable by no more than 20 years or no less than two years in prison. The sale, distribution, or display of harmful material to a minor under 18 is either a Class A misdemeanor (up to one year in jail and a fine of $1,000) or a third-degree felony (up to 10 years in jail, but no less than two years). Sexual performance by a child involves any performance (play, video, motion picture) is a second-degree felony with penalties of no more than 20 years in prison and no less than two years. Employment harmful to children is a Class A misdemeanor, punishable by up to $4,000 in fines, up to one year in jail, or both. Possession or promotion of child pornography is either a third-degree felony punishable by no more than 10 years in prison and no less than two years or a second-degree felony punishable by no more than 20 years in prison and no less than two years. Child molestation is also a second-degree felony with the same penalties as those listed above Potential Defenses for Child Sex Crimes in Texas Child sex crimes are among the most difficult to defend. While each case is unique and will require a highly tailored defense, below are some of the most commonly used defenses to sex crimes against children. Examining a child’s testimony to determine whether the child has been coached by an adult with an ulterior motive. Determining whether statements from the accused were improperly obtained. Determining whether other civil liberties of the accused were violated, such as no Miranda reading or refusing the defendant’s request for an attorney. Police errors, including improper collection and handling of physical evidence. Contact a Denton County, TX Sexual Abuse of a Child Lawyer If you are facing charges involving a sex crime against a child, it is extremely important that you speak to a knowledgeable criminal defense attorney as quickly as possible. When you have a Cooke County, TX sexual abuse of a child attorney from Magaña & Van Dyke, you can expect the best outcome possible for your charges. Call 940-382-1976 today to schedule your free consultation. Se Habla Espanol.

A Kentucky man was recently arrested after allegedly sexually assaulting a mentally incapacitated resident at a Texas assisted living facility in Wylie. The 58-year-old man is facing charges of aggravated sexual assault and indecent assault. The alleged sexual assault was captured on a security camera installed in the victim’s room by her roommate’s family. When reviewing the video, the roommate’s family member observed a male engaging in a sexual act with the other resident. Staff members from the facility were immediately contacted; they, in turn, contacted Wylie police. While the facility is fully cooperating with the investigation, the family of the victim removed her from the home. At this point in the investigation, it is not believed there are other victims. Sexual assault, aggravated sexual assault, and indecent assault are all very serious sex crimes, with harsh penalties and the potential of being placed on the sexual offender registry. If you are facing sexual assault charges of any type, the outcome of your charges could hinge on whether you have a highly experienced Cooke County, TX sexual assault lawyer from Magaña & Van Dyke. What Are the Differences Between Sexual Assault, Aggravated Sexual Assault, and Indecent Assault in Texas? Sexual assault is one of the most serious crimes under Texas law. Non-consensual, unwanted sexual contact against another person that involves penetration constitutes sexual assault. Non-consensual means there was a lack of consent on the part of one party. Lack of consent can include physical force, manipulation, coercion, and threats of violence. Sexual assault is usually charged as a second-degree felony. In many cases, there is little or no physical evidence to support sexual assault allegations, making the case hinge on the word of the alleged victim. Aggravated sexual assault is sexual assault that involves additional circumstances. These circumstances include: Serious bodily injury resulted from the sexual assault. A deadly weapon was used during the sexual assault. The sexual assault was committed against a child or an elderly or disabled individual. Aggravated sexual assault is usually charged as a first-degree felony. Indecent assault is the lesser of the three crimes. It is a criminal offense under the Texas indecent assault law to touch or expose certain body parts (of the defendant or the alleged victim) without explicit permission to do so. This law also makes it illegal to share bodily fluids with another person without that person’s consent. The crime of indecent assault lands somewhere between assault and sexual assault. No penetration is required as it is under sexual assault laws, but it is a more serious offense than the "offensive touching" required under assault laws. Indecent assault can be charged as a Class A misdemeanor or a state jail felony. What Are the Penalties for Sexual Assault, Aggravated Sexual Assault, and Indecent Assault? Sexual assault is a second-degree felony, with potential prison time from two to 20 years. If the sentence is 10 years or more, there is no probation. Deferred adjudication is possible, depending on the circumstances. A conviction for sexual assault requires lifetime registration as a sex offender. Aggravated sexual assault is a first-degree felony, with potential prison time from five to 99 years. If the victim is younger than 14 or the sentence is 10 years or more, no probation is allowed for this offense. Deferred adjudication is not allowed, and a conviction for aggravated sexual assault requires lifetime registration as a sex offender. Penalties for indecent assault depend on whether it is charged as a Class A misdemeanor or a state jail felony. A Class A misdemeanor conviction can result in up to a year in jail and/or a fine as large as $4,000. A state jail felony conviction results in 180 days to two years in jail and a fine as large as $10,000. Contact a Denton County, TX Sexual Assault Lawyer If you have been charged with sexual assault, aggravated sexual assault, or indecent assault, it is extremely important that you seek knowledgeable legal representation from a Cooke County, TX sexual assault attorney. When you choose Magaña & Van Dyke, you are not just another criminal defendant. We will use every tool in our considerable arsenal to protect your rights, your freedom, and your future. Call 940-382-1976 to schedule your free consultation. Se Habla Espanol.

Romantic relationships between teachers and students are frowned upon by many educational institutions and states. Texas law is strongly opposed to sexual relationships between certain teachers and students, making them a criminal offense. Still, surveys report that as many as 10 percent of students report having sexual relationships with teachers, and 13 percent of educators report having them with students. If you are an educator accused of an improper relationship with a student, contact a Texas criminal defense attorney to begin building your defense right away. What Is the Law About Relationships Between Teachers and Students? Section 21.12 of the Texas Penal Code forbids sexual relationships between students and employees of primary or secondary schools. This means that any teacher, assistant, secretary, coach, janitor, or administrator in a primary or secondary school who has sexual contact or intercourse with a student is guilty of a crime. The law even covers students who are enrolled in the same school district where the employee works. It makes no difference if the student consents to the relationship or is at least 17 years old, which is the age of consent in Texas — it is still a criminal offense. What Are the Legal Consequences of Having a Sexual Relationship With a Student? A primary or secondary school employee who has a sexual relationship with a student can face both criminal and civil consequences, including: Criminal penalties: Violating the law on improper employee-student relationships is a second-degree felony, which carries between two and 20 years in prison and a fine of up to $10,000. If the student is a minor, the employee can also be charged with statutory rape and other related crimes. Professional discipline: If a teacher is caught having a sexual relationship with a student and is reported to the Texas Board of Education, his or her teaching license may be suspended or revoked. Impact on career opportunities: A school employee who has been accused of having a sexual relationship with a student will likely find it difficult to obtain future employment in schools. How Can I Defend Against an Improper Relationship Charge? Texas law lists two possible defenses against a charge of having an improper relationship with a student: The student was the teacher’s spouse at the time. The employee is no more than three years older than the student, and at the time of the incident, was in a relationship with the student that predated his or her employment. It may also be a defense that the employee did not know the other party was a student. Contact a Denton County, TX Criminal Defense Attorney Having an improper relationship with a student is a serious offense that can result in many years in prison. Protect your rights and your future by contacting Magaña & Van Dyke. Our attorneys are highly experienced in criminal defense law and are committed to giving you the best legal defense possible. Schedule a free consultation with a Cooke County, TX improper relationship defense lawyer today by calling 940-382-1976 now. Spanish-speaking attorneys are available.

Law enforcement agencies use various methods to catch people committing crimes. One of those methods is sting operations, where agents or officers go undercover and present someone with an opportunity to commit an offense. This is a controversial but standard practice among state and federal law enforcement bodies. Sting operations are commonly used to catch people soliciting or engaging in prostitution. Teams of law enforcement agents use aliases online to pretend to be minors or women who appear available for sexual encounters. When someone solicits them for sexual services, that person is charged with solicitation of prostitution Solicitation is a serious crime that carries severe penalties. To understand how to defend against such a charge, it is important to first understand what it is. This article will discuss what is considered solicitation of prostitution and how to contact a Texas criminal defense attorney to help build your defense. What Is Considered Solicitation of Prostitution? According to Texas Penal Code § 43.021, solicitation of prostitution means offering or agreeing to pay for sexual services. Note that money does not need to exchange hands for it to be a crime. You can be charged the moment you offer it. Furthermore, you do not need to explicitly offer money for sexual favors. Even indirect references can be charged if law enforcement believes they were offers or requests. What Are the Penalties for Solicitation of Prostitution? Soliciting prostitution is a state jail felony in Texas, punishable by up to two years in jail and a fine of up to $10,000. However, penalties can increase in certain circumstances. For example: If this was not the defendant’s first offense, he or she may be charged with a third-degree felony. This carries a prison sentence of between 2 and 10 years and a fine of up to $10,000. If the defendant solicited a minor or an adult who appeared to be a minor, he or she could be charged with a second-degree felony. This is punishable by between 2 to 20 years in prison and a fine of up to $10,000. If the defendant solicited prostitution within 1,000 feet of a school or a school event, the charge will be enhanced to the next level. What Are the Defenses Against a Solicitation Charge in a Sting Operation? One of the most common defenses against a solicitation charge in a sting operation is entrapment. Entrapment is when a law enforcement agent pushes someone to commit a crime. This is more than just being enticing. For example, suppose an undercover agent offers to sell sexual services to someone, but the subject refuses. The "prostitute" then continues to offer increasingly large discounts or increasingly enticing sexual acts, after which the subject agrees. That can be seen as entrapment and may invalidate the case. Other possible defenses against sting solicitation charges include claiming there was a lack of intent or a lack of evidence. Contact a Cooke County, TX Solicitation of Prostitution Defense Lawyer Defending against a solicitation charge can be difficult. The success of your defense will depend in part on the available evidence and the abilities of your Denton County, TX defense attorney. At Magaña & Van Dyke, our extensive experience has allowed us to successfully defend our clients against serious charges, and we are ready to help you create a strong legal defense. Schedule a free consultation with an English-speaking or Spanish-speaking attorney by calling 940-382-1976 today.

Being charged with a sex crime is a serious matter, and the consequences that come with a conviction can be severe. In addition to facing lengthy prison sentences, large fines, and periods of probation, a person who is convicted of this type of offense will have to register as a sex offender. Being on the sex offender registry can limit a person's employment prospects, make it difficult to find housing or pursue education, and cause irreparable damage to their reputation and personal relationships. Anyone who has been charged with a sexual offense will need to understand the potential sex offender registration requirements that may apply if they are convicted. By working with an experienced criminal defense attorney, they can determine the best steps to take to avoid these consequences. Texas Sex Offender Registration Requirements In Texas, anyone who has a "reportable conviction or adjudication" will be required to register as a sex offender. The offenses that require registration include: Sexual assault or aggravated sexual assault Indecency with a child Continuous sexual abuse of a young child Online solicitation of a minor Incest Solicitation of prostitution, compelling prostitution, or aggravated promotion of prostitution Human trafficking Child pornography offenses, including possession or promotion of child pornography or inducing or encouraging a sexual performance by a child Aggravated kidnapping with the intent of committing sexual abuse against the victim Burglary with the intent of committing sexual assault or another sex crime A second conviction for indecent exposure Notably, sex offender registration requirements may apply even if a person was not convicted of a sex crime. An adjudication of delinquent conduct in a juvenile law case or a deferred adjudication may require sex offender registration. Registration may also be required as part of the terms of community supervision (probation). People who were convicted of sex crimes in other states or countries will be required to register as sex offenders in Texas if they will be living, working, or attending school in the state. Sex offenders will be required to register with the local law enforcement agency (the police department or county sheriff) in the city or municipality where they will reside. Registration must be completed within seven days after a person arrives in the area. They will be required to provide identifying information, including their name, birth date, height, weight, race, sex, eye color, hair color, driver's license number, and Social Security number. Other required information will include their home address, phone numbers they use, a photograph, online aliases such as email and social media accounts, vehicle registration information, the name and address of their employer or any schools they will be attending, and information about their offense. The length of time a person will be required to register will depend on the type of offense. In general, sex offender registration will last for a minimum of 10 years. However, those who were convicted of sexually violent offenses or crimes against children will be required to register for life. Being required to register as a sex offender is undoubtedly a challenging situation. Fortunately, there are resources available to help offenders address their actions and reintegrate into society successfully. For example, the Texas Department of Criminal Justice provides sex offender rehabilitation programs that are meant to reduce the likelihood of future offenses. Additionally, some organizations, such as the Association for the Treatment and Prevention of Sexual Abuse, work to reduce recidivism and promote public safety by providing evidence-based treatment and education to sexual offenders. Contact Our Denton County Sex Crimes Defense Lawyers Sex crimes are undoubtedly serious, and the consequences that come with a conviction can be severe. If you or someone you know has been charged with a sex crime, it is essential to understand the implications of registration as a sex offender, as well as your options for defending against these types of charges. At Magaña & Van Dyke, our Cooke County sex crime defense attorneys can advise you of your options in these situations, and we will fight to make sure your rights are protected. Contact us at 940-382-1976 to set up your free consultation. Sources: https://statutes.capitol.texas.gov/Docs/CR/htm/CR.62.htm https://www.dps.texas.gov/section/crime-records/faq/criminal-history-records-and-texas-sex-offender-registration-program-faq#Sex-offender https://www.tdcj.texas.gov/divisions/rpd/sorp.html

In Texas, sexual assault is a grave offense. Furthermore, to be convicted of such an act can be altogether life-shattering. The public view sexual assault as a crime where the accused must be swiftly and aggressively brought to justice. It is the type of crime where, even if the accused is found not guilty, their life may still be ruined for having been associated with such a crime. If you were charged with sexual assault, hiring a criminal defense attorney to defend your rights is imperative. What Constitutes Sexual Assault? According to RAINN, every 68 seconds, an American is sexually assaulted. An individual can be charged with sexual assault when accused of sexual activity with another person without that person's consent. There are many variables at play in the case of sexual assault. These variables can have a significant impact on the severity of the charge. For example, some variables include the alleged victim's age and whether the accused allegedly used or threatened to use force. What Are the Penalties for Sexual Assault in Texas? The penalties for sexual assault in Texas are incredibly severe and, in an instant, can completely ruin your life. Penalties include: Between two and 20 years in prison Fines up to $10,000 Registering as a sex offender for life Disintegration of friendships, family, jobs, and your reputation If You Are Charged with Sexual Assault in Texas, Is All Hope Lost? After being charged with sexual assault, you may feel overwhelmed, scared, or perhaps a bit of both. You may wonder, how can a lawyer help my situation? Here are a few ways a criminal defense lawyer can help you during your sexual assault case: Lawyers gather evidence that can be used in your defense. Lawyers can also analyze the evidence and recommend how to proceed to their clients. Using their knowledge of the law, lawyers represent you in court and can advise you regarding potential plea deals. Lawyers advocate for their clients and protect their rights. Contact a Denton County Sexual Assault Attorney When navigating a sexual assault charge, it is crucial to work with an experienced criminal defense lawyer who can assist you in understanding your legal options and help protect your rights. At Magaña & Van Dyke, we can help you determine the best course of action and legal strategy. Contact our Denton County sexual assault defense lawyers today at 940-382-1976 for a free consultation. Se Habla Español. Source: https://www.rainn.org/statistics/victims-sexual-violence

Update: As described below, accusations that someone has possessed child pornography can lead to multiple types of serious consequences. However, it is also important to understand when a person could potentially be accused of promotion of child pornography, which is an even more serious offense. This sex crime can not only result in large fines and multiple years of jail time, but a person who is convicted will be required to register as a sex offender, which can limit where they will be able to live and affect their ability to find employment. Promotion of child pornography generally involves the distribution of illegal materials to others. Actions like transmitting digital files to someone else may lead to these types of charges. However, other activities may fall into this category, such as printing photographs, displaying videos to others, or advertising or offering to sell or distribute child pornography. Any attempts to give, deliver, or transfer materials that depict minors engaging in sexual conduct to others may result in charges of promotion of child pornography. In fact, possessing at least six identical copies of materials that are considered child pornography creates the presumption that a person intends to promote child pornography. A person who is accused of promotion of child pornography may be charged with a second degree felony. A conviction on second degree felony charges may result in a prison sentence of between two and 20 years. A second offense will be charged as a first degree felony, and a conviction may lead to a sentence of five to 99 years. It is also important to note that while state-level charges may apply, cases involving the distribution of child pornography may also be prosecuted at the federal level. Materials distributed over the internet may be transmitted through networks in multiple states or countries, and federal prosecutors may take action to pursue charges for offenses that affected interstate or international commerce. Contact a Denton County Promotion of Child Pornography Defense Lawyer Defending against charges related to child pornography requires representation by an attorney who understands the applicable laws and has experience in these matters. At Magaña & Van Dyke, our Denton sex crimes attorney can help you understand your options for defending against these accusations, and we will fight to help you avoid a conviction while protecting your rights and your reputation. Contact us today to set up a free consultation. Texas takes sex crime offenses very seriously, especially when they are perpetrated against a minor. It is illegal to create, sell, distribute, or possess sexual images, videos, and other media of children under 18. Convicted persons who have violated Texas child pornography laws face heavy fines, prison time, and lifetime registration as a sex offender. Registered sex offenders have to provide personal information to the public, including their photograph, where they live, and the charges they have been convicted of. If you have been charged with child pornography -related crimes, a sex crimes defense attorney will be essential to helping you build a strong defense. Possession of Child Pornography in Texas Texas law enforcement has many different ways of finding child pornography in someone’s possession. In addition to getting a search warrant and searching someone’s home for physical evidence, they may also try to catch perpetrators in the following places: Peer-to-peer file sharing-networks Internet caches Internet search histories Text messages Computer files Internet service providers that report to federal law enforcement Online police stings in chat rooms and other websites However the child pornography has been found, a first-time conviction for possession is a third-degree felony that carries 2-10 years in prison and up to $10,000 in fines. Second convictions are second-degree felonies that carry up to 20 years in prison and a third conviction can result in up to 99 years in prison - essentially a lifetime. Criminal Defense Strategies for Child Pornography Charges An experienced sex crimes defense attorney can help Texans charged with possession of child pornography build a strong defense against the charges. This may include proving the material did not actually belong to the defendant, such as in the case of a shared computer. Another defense may be to establish that the material does not meet the definition of child pornography as set forth by the law. A third track a defense attorney might take could be unintentional possession, by showing the defendant received the material by accident. Speak with a Denton Sex Crimes Defense Lawyer At Magaña & Van Dyke, we know how serious child pornography charges can be. That is why our Denton County sex crimes defense attorneys are dedicated to making sure our clients are given an aggressive defense. We provide a straightforward, nonjudgmental environment where you can get the legal counsel you need to protect your rights. Call us today at 940-382-1976 to schedule a free consultation. Source: https://statutes.capitol.texas.gov/StatutesByDate.aspx?code=PE&level=SE&value=43.26&date=6/28/2014