Collin County Continuous Sexual Abuse Attorney

Are You Looking for the Best Collin County Continuous Sexual Abuse Attorney?

If you’re looking for the best Collin County Continuous Sexual Abuse attorney, then Paul Saputo and Nick Toufexis want to represent you. Numerous organizations have recognized us for our Texas criminal defense work. And more importantly, our own clients praise us for providing exceptional outcomes in difficult cases when lives are on the line.

Being convicted of a sex offense like Continuous Sexual Abuse can change your life in many negative ways. Don’t talk with the police or sign a plea agreement without first consulting with the Collin County sex offense attorneys at Saputo Toufeixs | Criminal Defense. Our boutique criminal defense practice at Saputo Toufexis | Criminal Defense is distinguished by our unwavering commitment to delivering consistently high-level legal representation. We believe in providing extraordinary service to our clients, and we seek to represent clients who expect as much.

We’re not just Collin County Continuous Sexual Abuse lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. When you are facing a criminal prosecution, you have a lot to worry about. Accordingly, our Collin County Continuous Sexual Abuse attorney representation does not stop at the McKinney courthouse door.

Any Collin County Continuous Sexual Abuse puts both your freedom and your reputation at risk. For this reason, the Saputo Toufexis | Criminal Defense Continuous Sexual Abuse lawyers aim to not only win your case, but also to keep your reputation free of unfounded accusations.

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Contact a Collin County
Continuous Sexual Abuse Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Collin County Continuous Sexual Abuse Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get a Continuous Sexual Abuse charge dropped in Collin County, Texas?

In order to get a Continuous Sexual Abuse charge dropped in Collin County, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §21.02.^[1] Our lawyers are experts in the Texas law regarding Continuous Sexual Abuse, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Continuous Sexual Abuse statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Continuous Sexual Abuse statute in detail on the Continuous Sexual Abuse offense page. We also maintain our expertise by keeping up with the latest case law affecting Continuous Sexual Abuse cases in Collin County.

One such case is Cruz-Banegas v. State.

Cruz-Banegas v. State

In Cruz-Banegas v. State, decided on June 23, 2022, by the Court of Appeals of Texas, Fifth District Dallas, Kenneth Said Cruz-Banegas was convicted of Continuous Sexual Abuse of a Young Child in Collin County. He received a sentence of thirty-three years’ imprisonment. Cruz-Banegas contended that the evidence was insufficient to support his conviction and that the trial court abused its discretion by denying his motion for mistrial based on a witness’s emotional outburst during testimony. The abuse included multiple acts of sexual misconduct against the complainant, S.D., while she was under fourteen years old, occurring over a period exceeding thirty days.

The court upheld the conviction, detailing the various incidents of abuse testified by S.D., who was seventeen at the time of the trial. S.D.’s testimony described inappropriate touching, penetration, and other acts of sexual abuse that started when she was in fifth grade. The evidence presented, including the forensic interviewer’s and a child abuse pediatrician’s testimonies, supported the jury’s verdict. The appellate court also addressed the motion for mistrial, which was raised due to an emotional outburst from the victim’s mother during her testimony. The court ruled that the outburst did not prejudice the fairness of the trial significantly enough to warrant a mistrial, as it was brief, and the mother composed herself quickly without further incident.

This case underscores the appellate court’s role in scrutinizing the sufficiency of the evidence in cases involving sexual abuse of minors and the handling of emotional outbursts during trial. By affirming the conviction, the court emphasized that the evidence was sufficient to support the jury’s findings and that procedural discretion was appropriately exercised by the trial court in denying the motion for mistrial. The decision illustrates the legal challenges involved in cases of continuous sexual abuse and the importance of maintaining procedural integrity in emotionally charged trials.

The State of Texas v. Manuel Herrera

In another Collin County Continuous Sexual Abuse case, the Fifth District Court of Appeals reviewed a verdict from the 366th Judicial District Court Collin County. Subsequently, the appellate court filed an opinion on June 30, 2023, in the case styled The State of Texas v. Manuel Herrera in Cause No. 05-22-00015-CR.

The appellate court reported the background of the case as follows:

Appellant pleaded not guilty, and his case proceeded to a jury trial. M.R. was twenty-one years old at the time of trial. After the State rested, appellant moved for an instructed verdict on all counts. Based on defense counsel’s arguments regarding the state of the evidence and a prior discussion between the parties and the court regarding the dates alleged in the indictment, the State abandoned the third manner and means alleged in Count 1, which concerned M.R.’s hand touching appellant’s genitals between September 2, 2007, and November 1, 2010, and Counts 2 and 5. The trial court otherwise denied appellant’s motion for directed verdict and, after appellant rested his case, charged the jury on Count 1 (continuous sexual abuse of a child), Count 3 (indecency with a child by contact), and Count 4 (aggravated sexual assault of a child). The jury found appellant guilty of each of the charged offenses, and the case proceeded to punishment before the court.

Based on her birthday, M.R. would have turned ten in August 2010. M.R.’s testimony was legally sufficient to show at least four acts of sexual abuse occurring from fall 2008 through fall 2010. Therefore, any rational juror could have found beyond a reasonable doubt that appellant committed the offense of continuous sexual abuse of a child.

Every Collin County Continuous Sexual Abuse attorney should be familiar with this case and other appellate opinions coming out of Collin County that review Continuous Sexual Abuse cases. You can learn more about this case and read the court’s opinion by Justice Smith here.

What does a Continuous Sexual Abuse charge really mean?

The general definition of the Texas charge of Continuous Sexual Abuse, according to the Texas Penal Code, is as follows:

(b) A person commits an offense if:

(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and

(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is:

(A) a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or

(B) a disabled individual.

Law Enforcement Agencies in Collin County that Make Continuous Sexual Abuse Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Continuous Sexual Abuse in Collin County. Law enforcement agencies in Collin County that most typically make Continuous Sexual Abuse arrests include:

• The Collin County Sheriff’s Office handles Continuous Sexual Abuse enforcement throughout Dallas County.
• McKinney Police Department – Serving the city of McKinney, the police department provides Continuous Sexual Abuse enforcement within the city limits.
• Plano Police Department – This municipal police department serves the city of Plano by investigating Continuous Sexual Abuse cases within the city’s limits.
• Frisco Police Department
• Allen Police Department
• Murphy Police Department
• Wylie Police Department
• Anna Police Department
• Princeton Police Department
• Farmersville Police Department
• Melissa Police Department

How do I win a Continuous Sexual Abuse case in Collin County?

To beat a Continuous Sexual Abuse charge in Collin County, Texas, you must employ every procedural tool to obtain information and thoroughly investigate the case. Contest all evidence, including witness statements and forensic evidence. Remember, victory hinges on your determination to fight relentlessly.

Even if you believe you cannot beat the case, as your Collin County Continuous Sexual Abuse attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Collin County Continuous Sexual Abuse Attorney Case Defense Strategy

The best defense strategy in Continuous Sexual Abuse cases demands a mix of cutting-edge science, traditional investigative resources and the mastery of digital and forensic technology. Some cases come down to science, but often cases come down to key witness testimony. Sometimes that witness is a sympathetic (but lying) victim. In any case, digital forensic evidence, science and the complex nature of human relationships all play an important role in crafting your defense. In pushing the defense envelope through the years, we have developed specialized methods for investigating these accusations.

Several defense strategies are available for Continuous Sexual Abuse charges, with the primary approach being to challenge the credibility of the allegations. This includes scrutinizing the initial outcry statement and any statements gathered by CPS or police investigators. Our team, composed of attorneys with specialized knowledge in these cases, will explore potential biases and motivations for deceit, such as coaching, recent disciplinary actions, transference, and complications with the other parent, including ongoing divorce proceedings. Our attorneys have extensive experience managing these cases in both pre-trial and trial settings.

Getting the best result in a Continuous Sexual Abuse case also requires being prepared for all hearings and court settings – not just trials. When you hire us as your Collin County Continuous Sexual Abuse attorney, we prepare early and thoroughly. As soon as we get on a case, the state knows that we are getting ready for trial and that we are going for an outright acquittal.

But the preparation often starts even before the case begins. From the moment that the police initiate an investigation or make an arrest, we have work to do. If you want to win your case, then we must do our own investigation. The state has police and investigators of their own working for them to gather evidence to support their case. We can’t afford to let their evidence stand uncontroverted. As a client, you will benefit from the investigative resources of the entire law firm. We have a team of dedicated professionals, including paralegals, investigators, and forensic experts. Our attorneys utilize our team’s extensive investigative experience to perform the ground work that makes our cases strong.

How much does it cost to fight a Collin County, Texas, Continuous Sexual Abuse case?

Attorney’s fees for a Continuous Sexual Abuse charge typically range from $15,000 to $60,000 in Collin County, Texas. You can expect to pay higher attorney fees for more complex cases. Some Collin County Continuous Sexual Abuse lawyers may charge much more. But exercise caution when encountering attorneys who offer unexpectedly low fees.

In addition, many lawyers charge extra fees for trial. If you hire an attorney from outside Collin County, sometimes travel fees may apply.

What You Should Do if You Are Falsely Accused of Continuous Sexual Abuse in Collin County

Even when falsely accused of Continuous Sexual Abuse, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.

If the Collin County District Attorney has charged you with Continuous Sexual Abuse, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Collin County Continuous Sexual Abuse attorneys.

How can you modify your Collin County bond conditions after a Continuous Sexual Abuse arrest?

In Texas, judges wield considerable authority in establishing bail and bond conditions. However, there are instances where judges may impose excessively stringent conditions and unreasonably high bail amounts. If you seek to modify bond conditions or reduce bail, you must file a motion in court and schedule a hearing, with the judge having the ultimate authority to decide.

In practical terms, if you’ve been arrested for Continuous Sexual Abuse in Collin County, it’s common for the judge to impose a bond condition prohibiting contact with the victim or victims. Many of these conditions will prohibit you from going within a certain distance of the victims home or workplace. Additionally, judges frequently include a condition barring contact with all minors in such cases. Many clients enlist our assistance in seeking the removal of these conditions in order to maintain contact with their own children. If you want to remove a no contact condition, then please book a consultation with us, and we will discuss what we can do for you.

What happens at a Collin County arraignment?

At your arraignment, a Collin County judge will hear your plea of not guilty. In Collin County, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Continuous Sexual Abuse, then Texas Code of Criminal Procedure §17.40 requires Collin County judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Collin County Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for a Continuous Sexual Abuse charge in Collin County, Texas?

The Texas Penal code classifies Continuous Sexual Abuse as a first degree felony for any Texas conviction. You can get 5-99 years in prison or a life sentence. However,Continuous Sexual Abuse carries a special minimum punishment of 25 years.

You would also have to decide if you want to have the judge or the jury assess punishment. Furthermore, all good Collin County Continuous Sexual Abuse attorneys will also advise you on the collateral consequences of a Continuous Sexual Abuse conviction.

With this in mind, you can learn about the penalties that apply to all Texas convictions and probation eligibility for Continuous Sexual Abuse here. Otherwise, to learn more about what kind of punishment is typical in Collin County Continuous Sexual Abuse cases, call us to schedule a consultation or book online.

Sex Offender Registration Requirements for Continuous Sexual Abuse Cases

Continuous Sexual Abuse convictions require sex offender registration unless special circumstances apply. Deferred adjudication plea deals (where a judge never finds you guilty and ultimately dismisses the case) have the same impact as convictions for the purposes of these registration requirements. If you have any questions about what a plea means for your permanent record, schedule a consultation with us to discuss your case.

Are you under investigation for Continuous Sexual Abuse? Should you cooperate with the police investigation?

We have assisted our clients through many difficult police interrogations. Although we do not typically recommend consenting to a police interrogation or interview, there are circumstances when we consider it. However, you should never do a police interview without your Collin County Continuous Sexual Abuse lawyer present.

When police bring you in for an interview, they already believe that you committed the offense. Accordingly, this belief will inform their interpretation of your answers. Generally, when people believe something, they will only see things that confirm their belief. This is called confirmation bias, and this is what leads to police charging innocent people with crimes.

An arrest for Continuous Sexual Abuse can drastically change your life, even if a court dismisses your case. Do not hesitate to contact us immediately if you are under investigation.

In addition, remember that people do not usually communicate perfectly clearly under intense pressure. The extreme stress of a police interview can cause you to say something that police then misinterpret. And even the way you look during the interview significantly impacts the police decision to arrest you. For all of these reasons, we carefully consider the decision to interview because it will have a huge impact on the ultimate outcome your case.

In some cases, we have communicated directly with law enforcement authorities on behalf of our clients instead of consenting to a direct interrogation. As your Collin County Continuous Sexual Abuse attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Collin County Continuous Sexual Abuse lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Collin County Continuous Sexual Abuse attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

My life hung in the balance with some very serious accusations. I contacted a different attorney that referred Nick Toufexis. He indicated he would use him in his own defense or that of his families. I hired him and I am now a free man. I highly recommend him if you need confident and capable representation! 5 stars for sure.

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §21.02.