Fort Worth Sexual Assault Lawyer | Hoeller McLaughlin PLLC

Are you being charged with a sexual assault (i.e. sexual assault of an adult, sexual assault of a child, indecency with a child, continuous sex abuse of a child)? Being accused of a sexual assault can be devastating to your life – just being an accused sex offender can wreck your life regardless of whether the allegations are true or false. Not only may you lose your job and family, but you are also facing lifetime registration as a sex offender and extensive prison or probation time.

If you’ve been arrested for a sex crime in Tarrant County, Texas, it’s important to contact an experienced Fort Worth sexual assault lawyer. They can help defend your rights during an investigation or trial. The sexual assault attorneys at Hoeller McLaughlin PLLC are here to help you get those charges reduced or dismissed.

Some of the Sex Assault Charges we Defend:

  1. Sexual Assault of an Adult,
  2. Sexual Assault of a Child,
  3. Aggravated Sexual Assault of a Child,
  4. Continuous Sex Abuse of a Child,
  5. Indecency with a Child (by contact or exposure).

Our Team:

Our criminal lawyers at Hoeller McLaughlin PLLC are all former prosecutors, with vast experience representing clients accused of sexual assault.  All of our lawyers have been named Top Fort Worth Attorneys by Fort Worth Magazine.

Partner Colin McLaughlin is a former prosecutor assigned to the Sex Crimes Unit at the Tarrant County District Attorney’s office.  Colin is also Board Certified in Criminal Law by the Texas Board of Legal Specialization. Because of this experience, Colin takes the lead on many of our sexual assault charges.

Managing Partner Bryan Hoeller is a former felony prosecutor in Tarrant County and Dallas County, Texas.  Bryan has been named a Texas Super Lawyer by Thomson Reuters in each of the past two years (he was previously a Super Lawyers Rising Star).  Partner Lindsay Truly is a former Tarrant County prosecutor and has been named a Super Lawyers Rising Star in each of the past 4 years.   Partner Dustin Trammel is also a former Tarrant County prosecutor, has been named a Super Lawyers Rising Star in each of the last years, and is also a US Army Veteran.

What Happens After You’re Accused of Sexual Assault?

The first thing that happens when you are accused of sexual assault is that law enforcement gets involved and starts investigating your case. The police will gather any evidence from the location of the incident, witnesses, and other sources to determine what happened. Here are just a few of the steps they may take when you’re accused of sexual assault:

  • Interview the alleged victim
  • Interview witnesses
  • Look at text messages and call logs
  • Speak to your employer and family
  • Do DNA and forensic testing
  • Get video surveillance & look at social media
  • Interview you (typically the last step in the process after they have done their investigation – you need to get a lawyer involved if law enforcement reaches out to you). We cannot stress enough — Do Not Meet with a Detective on a Sexual Assault Allegation without a Lawyer present)
  • Polygraph – sometimes, if the Detective has doubts, they may offer you a chance to take a polygraph exam.

Once the police complete their investigation, they sometimes present their findings to a prosecutor who will decide whether to pursue charges or they may make the decision on their own. If they don’t have the evidence necessary to build a case, they may choose not to prosecute.

If the Detective decides to move forward, a warrant will be issued for your arrest. At this point, if you haven’t done so already, it’s important to contact a sexual assault lawyer. Your lawyer can help get you set up with a bondsman and help facilitate turning yourself in to avoid getting arrested in a public place (work, home, etc.).

We know how difficult it can be to be accused of sexual assault. You may feel like there’s no way out, but your lawyer will work hard on your behalf and identify weaknesses in the prosecution’s case so we can help you get your charges reduced or even dismissed.

Our Strategy in Fighting Your Charge:

Our strategy at Hoeller McLaughlin PLLC is simple: Be 100% committed to holding the State of Texas to the highest burden of proof – Beyond a Reasonable Doubt. That includes:

  1. Case Review & Investigation: The first part of the our defense starts with a thorough evaluation and investigation into the criminal allegation, including investigating the background of any potential witness to the case (criminal history or any past history that would help in your defense), reviewing for possible defenses (i.e. self-defense), and determining if the State can even prove their charge.
  2. Expert Analysis: If necessary, our strategy also involves getting the best investigators and experts throughout the Country to aid in your defense (DNA Experts, Blood Experts, Fingerprint Experts, Computer Forensic Experts, Former Police Officers, Detectives, FBI Agents, Etc.)
  3. Mitigation: Any proper defense includes helping our clients put themselves in the best light to be viewed by the State, the Judge, or a potential jury.  This includes making sure our clients are getting the proper treatment, if necessary, or being proactive about mitigating any damage.

Specific to Sexual Assault Charges, we may look at:

  1. Is there doubt about whether the other person is telling the truth?
  2. Did their story change or are there inconsistencies?
  3. Was it a consensual relationship and now the person has regrets?
  4. Is there physical evidence? DNA?
  5. Was their surveillance video?
  6. Text Messages, Snap, or Social Media?
  7. Was this a delayed outcry?
  8. Are there any witnesses?
  9. Was the evidence collected properly?
  10. Did you talk to the police?
  11. Can you pass a polygraph?

Recent Results on Sex Crimes and Sex Crime Related Offenses in Tarrant County, Texas:

  1. Case Reduced to a Misdemeanor – High Profile Client was charged with sexual assault.  After presenting evidence to the District Attorney’s Office, the case was reduced to a misdemeanor offense and will end up DISMISSED (no registration and can be sealed later on).
  2. Jury Trial in Tarrant County for Indecency with a Child – Case was DISMISSED mid-trial after our cross-examination.
  3. Grand Jury No Bill (Case Dropped). Client charged with Aggravated Sexual Assault. Our firm communicated with the State and presented evidence to the State to be presented to a Grand Jury.  The case was No Billed (Dropped).  It will be eligible for an expunction.
  4. Grand Jury No Bill (Case Dropped). Client charged with Sexual Assault. Our firm put on a Grand Jury defense packet and our client testified in front of the Grand Jury and the case was No Billed (Dropped). It will be eligible for an expunction.
  5. Grand Jury No Bill (Case Dropped). Client charged with Aggravated Sexual Assault. Our firm communicated with the State and the case ended up No Billed by the Grand Jury.
  6. Deferred Adjudication on Possession of Child Pornography (Multiple Counts). Client charged with multiple counts of possession of child pornography.  The State was asking for prison time.  We made recommendations to our clients and presented the case to the Court. The Court granted our client deferred adjudication, which means the case could be DISMISSED if our client successfully completes it (no prison time).
  7. Grand Jury No Bill (Case Dropped). Client charged with Sexual Abuse of a Child – Continuous and was facing 25-99/Life. Our firm put on a defense presentation to the Grand Jury and the case was No Billed.
  8. Grand Jury No Bill (Case Dropped): Client charged with Sexual Assault of a Child and was facing 2-20 years in prison and lifetime registration. Our firm put on a defense presentation to the Grand Jury and the case was No Billed.
  9. Grand Jury No Bill  (Case Dropped) & Expunction (Erased). Client charged with Sexual Abuse of a Child – Continuous in 2015 and was facing 25-99/Life. Our firm investigated the allegations and the DNA results ultimately exonerated our client. In 2018, we were able to Petition the Court for an Expunction, which was granted. Client’s record is now erased from the public.
  10. Grand Jury No Bill (Dropped): Client charged with Sexual Assault (Adult). Our firm put on a defense presentation, including a passed polygraph test, to the Grand Jury and the case was No Billed.
  11. Case Reduced to Non-Registerable Offense. Client charged with Aggravated Sexual Assault of a Child. After extensive investigation, the State agreed to reduce the case to an offense that allowed our client to get his case dismissed and will not require them to have to register as a sex offender.
  12. Case Dropped by CPS/Law Enforcement. Client accused of Sexual Assault of a Child. After assisting our client communicate and provide information to investigators, the case was dropped.
  13. Grand Jury No Bill (Dropped). Client charged with Aggravated Sexual Assault of a Child and was facing 25-99/Life. Our firm put on a defense presentation to the Grand Jury and the case was No Billed (Dropped).

Sex Offender Registration

When you are charged and plead guilty to a sexual assault offense, under Chapter 62 of the Texas Code of Criminal Procedure, you are required to register as a sex offender for life.  This is mandatory and cannot be negotiated or waived by the Judge or the State.

The only way to avoid having to register is to get the case dismissed, no billed by a Grand Jury, or reduced to a lesser offense that does not require registration.  For example, sometimes it is possible to get the State to agree to plea deal on an Injury to a Child, Unlawful Restraint, or Indecent Assault (misdemeanor), which are offenses that do not necessarily require sex offender registration.  This is why it is very important to have the right lawyer fighting your case because we have been able to get indecency with a child cases dropped or reduced, helping our clients avoid registration, lengthy prison or probation sentences, and extensive conditions.

Getting Your Charges Dismissed or Reduced

Every case is different, but many people don’t realize that in many cases, sexual assault charges can be reduced or dismissed. This is because there are many factors involved in determining whether an assault took place and the circumstances surrounding the incident. This is especially the case when there is a lack of physical evidence and in adult sexual assaults, if you can establish a consensual encounter.

Here are some of the common ways to get cases dismissed or reduced:

  1. Lack of physical evidence to prove a sexual assault occurred.
  2. Lack of witnesses to corroborate that a sexual assault occurred.
  3. Inconsistency in the victim and witness statements, which raise a doubt about an offense occurring.
  4. In adult sexual assault cases, proving a consensual relationship can raise a doubt that an offense occurred.
  5. Passing a polygraph test.
  6. Establishing and proving a motive to lie by the victim (i.e. maybe it’s a child custody battle or they are wanting money through a civil suit).

Connect with a Fort Worth Criminal Defense Attorney on your Sexual Assault Charge

If you’ve found yourself facing a sexual assault charge and are frantically Googling criminal defense attorney Tarrant County or something similar, don’t panic.

We know this is a tough situation to be in, but you still have options. The best way to make sure that those options are in your favor is by hiring an experienced Fort Worth criminal defense lawyer. Your lawyer will advocate for your rights and help you navigate the confusing legal process.

Our firm provides quality legal services to clients throughout Tarrant County. It’s important to remember that every case is different, and even if you feel completely hopeless about yours, there are ways to protect yourself from harsh consequences and maybe even have some of these charges reduced or dropped.

If you need a Fort Worth criminal defense lawyer on your side during this difficult time, please contact Hoeller McLaughlin PLLC by calling 817-334-7900 or by filling out the following online contact form.