Houston indecency with a child lawyer Eric Benavides had a recent interview regarding advice he would give to individuals who are being investigated for Indecency with a Child, and what happens in court on the first appearance and beyond. The following is a transcript.


What do I do if I am Accused of Indecency with a Child?

Question: What would your initial advice be if somebody called you and told you that they were being investigated for a sex crime?

Eric Benavides: The first thing that I always tell people is if the police call them not to talk to them. There is never anything good that can come from talking to police. Whenever somebody is in the situation, they are typically afraid. They believe that the correct thing to do is to cooperate with the police. This is not the case. If an officer is investigating a crime wants to interview you, they are looking for an excuse to file the charges. They are looking for something to give them a stronger case. So typically they are looking for a confession. They are looking for you to put your foot in your mouth.

Do I Need a Lawyer if Accused of Indecency with a Child in Houston?

Question: Would you advise the individuals being investigated to get a criminal defense lawyer?

Eric Benavides: Absolutely! Sex crimes are very serious felonies and can result in very serious consequences.  It is crucial to have somebody on your side. During the investigation phase I do whatever possible to prevent charges from being filed. Sometimes this includes setting my client up for a polygraph examination, other times it includes me having a meeting with the police officers. Best case scenario my client never gets charged. Worst-case scenario they do get charged, but at least they had a lawyer protecting them to where they did not give the state any additional information.

What Happens After the Charges?

Question: If they do get charged what is the next step?

Eric Benavides: The next step will be posting a bond or if there is no bond for me to approach the judge and have the judge set a bond. Once a bond is set and posted we can get a court date and start fighting the case.

First Court Date: What to Expect

Question: What happens at the first court date?

Eric Benavides: At the first court date I will sign on to the case and request all of the evidence that is available at that time. I will then reset the case for 4 to 6 weeks to give the district attorney time to compile the evidence necessary for our defense.

What Happens Next?

Question: What happens next?

Eric Benavides: What happens next will be dependent on the case, every case is very different. I encourage anybody who might be in this situation to reach out to me and give me a call. Once we sit down and talk about your particular case I can give you a better idea of what is going to happen.  Every case has a different defense, and every defense requires a different set of steps.

What Else Should I Know About if Accused of Indecency with a Child?

Question: Do you have any final words of advice for someone who might already have been charged with indecency with a child, or another sex crime?

Eric Benavides: My advice would be to get a criminal lawyer that you feel comfortable with, and that you trust.  Lawyers come in all forms, and not every lawyer will be right for you or your goals.  I personally might be a perfect fit, or you might be better off with one of my peers.  You will never know until you make an appointment and sit down and discuss your situation with your potential lawyer.