Arrested on a Child Sexual Assault Charge in Midland County? Start Here.

A child sexual assault arrest in Midland County starts a process with a set order under Texas law. The person is booked into jail, brought before a magistrate, and the case then moves toward formal charges, which may involve a grand jury. This page explains that order in plain language for families who are just learning what happens next. For a wider overview, read our child sex crimes defense guide.

What happens step by step after someone is arrested for a child sexual assault offense in Midland County?

A child sexual assault arrest in Midland County begins with the arrest itself, followed by booking and a magistrate hearing. The case then moves toward formal charges.

Booking comes next. Jail staff record the person’s identity, take fingerprints and photographs, and list personal property. Booking is routine. It does not decide whether the case moves forward.

The charge can carry heavy penalties. Aggravated sexual assault under Texas Penal Code § 22.021 is a first-degree felony. For a first-degree felony in Texas, the punishment is imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years, and the court may also impose a fine not to exceed $10,000. Section 22.021(f) raises the minimum term to 25 years in certain cases, including when the victim is younger than 10.

What happens at the magistrate hearing, and how is bond set?

At the magistrate hearing, a judge reviews the charge and sets bond. Bond is the money or conditions that let a person leave jail while the case is pending.

The court decides the terms based on the charge and its orders, and those terms can change later.

Bond orders in these cases can limit contact. They may bar contact with the alleged victim, keep a person away from the victim’s home or a child’s school, or ban firearms. Under Texas Penal Code § 25.07, knowingly violating one of these conditions can be a separate crime.

Keep the bond paperwork and note each condition. A bond setting shows what the court ordered for now. It says nothing about guilt.

How does a child sexual assault charge move from the arrest to an indictment in Texas?

After an arrest, prosecutors decide what charges to bring. A grand jury may then be asked to return an indictment. An indictment is a formal charge, not a finding of guilt.

Prosecutors review police reports, witness statements and other evidence. They choose the charges and decide how to present the case. A charge can be presented to a grand jury, a group of citizens who decide whether to issue an indictment.

Texas law sets the point when an indictment counts as presented. Under Texas Code of Criminal Procedure art. 12.06, an indictment is “presented” once the grand jury has acted on it and the court has received it.

Next comes arraignment. At arraignment, the defendant hears the formal charge and enters a plea. The court then sets the next dates, so keep a written copy of every court setting.

What happens during the pretrial phase of a child sexual assault case?

Pretrial is the stretch between charges and trial. The defense reviews the State’s evidence, and the court rules on early issues. Much of the case work happens here.

Discovery is how the defense gets the evidence the State holds. That can include police reports, recordings and forensic interview materials. Reviewing it takes time, and it shapes later decisions.

Defense lawyers may file pretrial motions. These are written requests asking the judge to decide an issue before trial, such as whether evidence can be used or how it was gathered.

In these cases, prosecutors may also seek to admit evidence of other sexual acts. Read the TDCAA prior-acts article.

After discovery and motions, a case may move toward plea talks or a trial setting. The outcome cannot be predicted at this stage. No lawyer can promise how a criminal case will end.

Why is an arrest not a conviction, and when does sex offender registration apply?

An arrest is not a conviction. A charge is an accusation, not proof of guilt, and the case must still be decided in court.

A news report about an arrest describes the charge at the arrest stage. That report reflects what police or prosecutors have alleged. It is not a finding that the person is guilty.

Registration is a separate question. Under Texas Code of Criminal Procedure art. 62.001, certain offenses are “sexually violent offenses” when a person 17 or older commits them. Those include aggravated sexual assault under § 22.021 and indecency with a child under § 21.11(a)(1).

Whether registration applies depends on the specific statute and the outcome of the case. Those rules are complex, so the answer comes from the facts of each case.

Indecency with a child carries its own penalties. Under Texas Penal Code § 21.11, sexual contact is a second-degree felony, and exposure is a third-degree felony.

Contacting a child sex crimes defense lawyer early in a Texas case

A family member’s arrest can feel overwhelming. You can ask a lawyer these questions early, while the case is still at the beginning.

Barbieri Law Firm is based in Frisco, Texas. The firm defends people accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth and Texas.

Quick answers

If someone you love was just arrested, you don’t have to work out these steps alone. Call Barbieri Law Firm at (972) 424-1902, or send your case details through our contact page. The initial consultation is free, confidential and carries no obligation to continue.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.