Ellis County Sexual Assault Attorney

Are You Looking for the Best Ellis County Sexual Assault Attorney?

If you’re looking for the best Ellis County Sexual Assault attorney, then Paul Saputo and Nick Toufexis want to represent you. Award-winning attorneys Paul Saputo and Nick Toufexis expertly bring the firm’s full resources to bear in Ellis County Sexual Assault cases.

All of the Saputo Toufexis | Criminal Defense attorneys have dedicated their careers to defending clients in criminal courts. We maintain an unwavering dedication to delivering expert representation, and we represent clients who expect this highest level of legal representation.

We’re not just Ellis County Sexual Assault 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. Winning you case requires more than just advocating for you in the Waxahachie courtrooms. As your Ellis County Sexual Assault attorney, we advise you on the range of issues you will undoubtedly face throughout the criminal prosecution.

Our experienced team works tirelessly to build a strong defense and protect our clients in the face of serious child abuse charges like Sexual Assault. We can provide you with an effective defense strategy for your Ellis County Indecent Assault case. When you’re facing an Sexual Assault case, both your freedom and your reputation are at risk. Accordingly, the lawyers at Saputo Toufexis | Criminal Defense aim to not only win your case, but also keep your name out of the public eye.

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Contact a Ellis County
Sexual Assault 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 Ellis County Sexual Assault 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 Sexual Assault charge dropped in Ellis County, Texas?

In order to get a Sexual Assault charge dropped in Ellis 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 §22.011. Our lawyers are experts in the Texas law regarding Sexual Assault, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Sexual Assault 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 Sexual Assault statute in detail on the Sexual Assault offense page. We also maintain our expertise by keeping up with the latest case law affecting Sexual Assault cases in Ellis County.

One such case is Ex Parte Ellis.

Ex Parte Ellis

In Ex Parte Ellis, filed on February 3, 2010, the Court of Criminal Appeals of Texas reviewed an application for a writ of habeas corpus from Eugene James Ellis, who was convicted of Sexual Assault and sentenced to life imprisonment in the 337th District Court from Harris County. In his application, Ellis raised five grounds challenging his conviction. However, the Court identified a critical issue: Ellis had filed six prior applications challenging the same conviction, raising issues that had been previously addressed or could have been addressed in earlier applications.

The Court noted that the writ of habeas corpus should not be abused by repetitive claims and held that Ellis’s current claims were barred from review under Article 11.07, Section 4 of the Texas Code of Criminal Procedure. Consequently, they were considered waived and abandoned due to the abuse of the writ. As a result, the Court dismissed the application and instructed the Clerk of the Court of Criminal Appeals not to accept or file any future applications attacking this conviction from Ellis unless he could demonstrate that any new claims had not been previously raised and could not have been presented in a prior application.

This decision underscores the judiciary’s stance against the misuse of habeas corpus applications to repeatedly challenge a conviction without new or previously unaddressed claims. It highlights the procedural limitations imposed on applicants to prevent the legal system’s overburdening and ensure the writ’s judicious use. The case serves as a cautionary tale for those seeking to challenge their convictions through habeas corpus without adhering to the procedural requirements set forth by the law.

How are Child Sexual Assault investigations handled differently than cases involving adult victims?

The police handle cases involving adult victims much differently than cases involving child victims. Often, police do not investigate Child Sex Assault cases as much because the typical Sexual Assault of a Child case does not have much physical evidence. In Child Sex Assault cases, the police usually refer the child to a facility that will conduct a recorded interview. The police will then generally interview the parents or caregivers. Or, if the accused person is the parent or caregiver, the police will interview another adult who might have information.

If it’s a Sex Assault case involving an adult victim, the police will interview the complaining witness and any other witnesses. The police will also try to obtain any surveillance footage that might have captured the incident. If the case involved the alleged use of alcohol or other drugs, the police might take a blood sample from the complaining witness. And if the accused person had a pre-existing relationship with the accuser, the police will investigate the relationship. This might incldue obtaining phone records between the two people or witnesses that could speak to the nature of their relationship.

Law Enforcement Agencies in Ellis County that Make Sexual Assault Arrests

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

• The Ellis County Sheriff’s Office handles Sexual Assault cases throughout Ellis County, Texas.
• Waxahachie Police Department serves as one of the municipal police departments within Ellis County and plays a significant role in Sexual Assault cases.
• Midlothian Police Department is another key agency in Ellis County responsible for law enforcement and Sexual Assault cases within its jurisdiction.
• Red Oak Police Department serves the community of Red Oak within Ellis County and may handle Sexual Assault cases within its jurisdiction.
• Ennis Police Department is responsible for law enforcement within Ennis and may contribute to Sexual Assault arrests within its jurisdiction.

How do Ellis County Sexual Assault defense lawyers beat a Sexual Assault case?

To beat a Sexual Assault charge in Ellis County, Texas, you must first secure the services of a skilled and experienced attorney who can build a strong defense strategy tailored to the specific details of your case. It is crucial to thoroughly investigate the evidence, challenge any weaknesses or inconsistencies, and present a compelling case in court.

Even if you believe you cannot beat the case, as your Ellis County Sexual Assault 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.

Ellis County Sexual Assault Attorney Case Defense Strategy

The best defense strategy in Sexual Assault 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 Child Sex Assault cases the issue may come down to one of the many complex social relationships regarding age of consent. But in any case, digital forensic evidence, science and the complex nature of human relationships all play an important role in crafting your defense. As a result of pushing the defense envelope through the years, we have developed specialized methods for investigating these accusations.

Getting the best result in a Sexual Assault case also requires being prepared for all hearings and court settings – not just trials. When you hire us as your Ellis County Sexual Assault 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 an Ellis County, Texas, Sexual Assault case?

Attorney’s fees will vary. However, you can expect to pay from $15,000 to $40,000 on average for Sexual Assault cases in Ellis County. Some Ellis County Sexual Assault lawyers may charge much more depending on the complexity of the Ellis County case. But be wary of lawyers who charge surprisingly low fees.

When consulting with a lawyer, remember to ask whether any any hourly fees apply. Additionally, most lawyers charge extra fees for trial, travel and expenses.

What to Do if Falsely Accused of Sexual Assault in Ellis County

Even if someone has falsely accused you of Sexual Assault, you should nevertheless still always take this charge very seriously. You may think that the state may “drop charges” against you because you are innocent. But absent effective advocacy by a lawyer, the state will often take the case to trial and let the jury decide.

Even the arrest itself can be extremely damaging, potentially destroying your reputation, causing havoc at home and even leading to a job loss. That is why we extend legal representation for Sexual Assault cases beyond the courtroom. Of course, you must also consider the damage to your reputation, liability for a civil suit and experiencing the emotional pain and anger that comes with being accused.

If the state has charged you with Sexual Assault, or if you are under investigation for the offense, then you should book an appointment or call us as soon as possible to speak with one of our Ellis County Sexual Assault attorneys.

How can you modify your Ellis County bond conditions after a Sexual Assault 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 Sexual Assault in Ellis County, it’s common for the judge to impose a bond condition prohibiting contact with the victim. Additionally, for Child Sexual Assault cases, judges frequently include a condition barring contact with all minors. 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 an Ellis County arraignment?

At your arraignment, an Ellis County judge will hear your plea of not guilty. In Ellis 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 Sexual Assault, then Texas Code of Criminal Procedure §17.40 requires Ellis 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 Ellis 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 Sexual Assault charge in Ellis County, Texas?

The Texas Penal code outlines the range of punishment for Sexual Assault convictions across the state. The Penal Code classifies the punishment for Sexual Assault as second degree felony or a first degree felony, depending on the circumstances.

However, the punishment you actually receive will vary significantly based on a number of circumstances. For Sexual Assault cases, some of the factors that play into the potential punishent include your prior criminal history, the circumstances of the offense, the age of the alleged victim, and whether the case involved violence.

With this in mind, you can learn more about the range of punishment applicable to all Texas convictions for Sexual Assault here. Otherwise, to learn more about what kind of punishment is typical in Ellis County Sexual Assault cases, call us to schedule a consultation or book online.

Probation & Community Supervision

Many types of Sexual Assault convictions are not eligible for probation, but juries may be able to give you probation, depending on the circumstances, if you request a jury to administer punishment. Also, depending on the circumstances, judges may be able to grant you deferred adjudication probation.

In Ellis County, if you are able to obtain a probation sentence, then your Ellis County Sexual Assault attorney will often negotiate agreed-upon conditions in advance of your plea or sentencing. This situation is ideal because your attorney can negotiate the conditions that will be imposed upon you. In a case where the judge or jury places you on probation without an agreement in place, the court will impose conditions without your attorney’s input.

Typically, there will also be a stay away order issued against you. A stay-away order is an instruction from a judge to a defendant telling him or her not to go near or have any contact with an alleged victim.

Another common condition of probation are classes and treatment. For example, in a Sexual Assault case, you would most likely be required to enter sex offender treatment.

Sex Offender Registration & Clearing your Record

A Sexual Assault conviction or deferred adjudication plea will also require mandatory sex offender registration upon conviction for a period of time.

Additionally, because Sexual Assault convictions bar you from many record clearing opportunities and reduce your civil liberties. And proceed with caution because even deferred adjudication plea deals (where a judge never finds you guilty and ultimately dismisses the case) have the same impact as convictions. Even after the case is dismissed, you will still have to register as a sex offender. Courts also will not issue orders of nondisclosure. If you have any questions about what a plea means for your permanent record, schedule a consultation with us to discuss your case.

Should you cooperate with the police investigation? Do you need a lawyer if you’re facing a Sex Assault charge?

We have assisted our clients through many difficult police interrogations. Although we do not typically recommend consenting to a police interrogation or interview, we do consider it in some circumstances. However, you should never do a police interview without your 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.

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 Sex Assault attorney, we can assist you in these difficult circumstances.

What will the police do if a Sex Assault reported?

If someone reports an allegation of Sexual Assault, the police will open an investigation and collect evidence. The police will refer the complaining witness to a sexual assault nurse examiner to attempt to collect physical biological evidence from the complaining witness’s body. This can include evidence of tearing or biological residue, including semen.

Sometimes the police will collect other physical evidence if the incident occurred recently enough for it to be useful. For instance, if the activity allegedly occurred in a bed, the police might collect bedsheets to inspect for bodily fluids. Police usually take photos of the scene where the incident took place.

Often, eventually the police will reach out to the accused person and ask for a statement. Many of our clients learn about the accusation at this point in the process. By that point, the police have usually already collected or attempted to collect a lot of evidence. They will be confident that they know what happened. Sometimes the police might think the case doesn’t merit further investigation and just want to hear you deny it. And other times they have already decided to arrest you regardless of what you say in an interview.

Are you under investigation for Sexual Assault?

You need to contact an attorney immediately if you are charged with Sexual Assault in Ellis County. Important pieces of evidence sometimes vanish if you do not take affirmative legal steps. This evidence might make the difference between spending the rest of your life in prison as an innocent person convicted of Sexual Assault and being a falsely accused person who had a unfortunate brush with the law.

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

In general, we recommend avoiding police interrogations because of the extreme level of stress that you will likely experience. Even if you are innocent, the Grayson County police and the community will likely judge the way you act and what you say negatively. As your Ellis County Sexual Assault attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Ellis County Sexual Assault 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 Ellis County Sexual Assault 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.