Accused of a Child Sex Crime as a Texas Educator? Get Focused Defense Now.

A child sex crime charge in Texas puts an educator’s career at risk. It also creates two separate cases at once: the criminal case in court and the certificate case before the State Board for Educator Certification (SBEC). This page explains how the two fit together, so you can understand your situation before you decide on anything.

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. The firm defends professionals accused of sex crimes and assaultive offenses.

Who This Defense Is For and What Charges It Covers

This defense is for Texas educators, and their families, facing a child sex-related charge or an allegation involving a minor.

Teachers, aides, coaches and administrators can all face these charges. So can the spouse or parent trying to understand what comes next.

The firm’s work covers Collin County, Dallas-Fort Worth and Texas. The charges include:

• Aggravated sexual assault of a child. Under Texas Penal Code § 22.021, this is a first-degree felony. The minimum prison term rises to 25 years in certain cases, including when the victim is younger than 10.
• Sexual assault of a child. This offense generally is a second-degree felony.
• Indecency with a child. Under Texas Penal Code § 21.11, sexual contact is a second-degree felony, and certain exposure is a third-degree felony.
• Online solicitation of a minor. This offense covers sexually explicit messages and solicitation to meet a minor. The degree depends on the conduct and the minor’s age.

An allegation is an accusation. It is not a finding of guilt.

How Allegations Usually Begin Inside Schools

Most of these cases start with a report made inside a school, at home or online.

• A student tells a friend, counselor or teacher about something that happened.
• A parent sees a message on a child’s phone or school account and complains to the campus.
• Administrators pass the concern to the district. From there, it can reach police or child protective services.
• Online messages can start a criminal matter too. Internet Crimes Against Children task forces support investigation of technology-facilitated child sexual exploitation.

Early statements matter. A statement to a principal, a district investigator or an employer can become evidence in both tracks. A district’s internal investigation can also create records that matter later.

Two Tracks: The Criminal Case and the SBEC Certificate Case

The criminal case decides the charge in court. The SBEC process decides whether the educator keeps a certificate.

• The criminal track runs in court, with its own rules, timeline and possible outcomes.
• The certificate track runs before SBEC, which handles educator certificates. It has its own investigation and process.
• The two move on separate clocks. A step in one can change the other.

A court result does not end the certificate question on its own. Subsection (d) lets a licensing agency consider prior deferred adjudication in certain conditions, including when the job involves direct contact with children.

How a criminal result is treated in a certificate case depends on the facts. We review that question with each client.

What a Certificate Defense Involves

• Read the notice closely. Note the allegations as written and any date to respond.
• Coordinate with the criminal defense. A written response to the certificate matter can become evidence in court. The two must fit together.
• Gather the right records. These include employment history, evaluations and any district findings.

How the Criminal Defense Works, Step by Step

The criminal defense moves through five steps. Timing depends on the court’s schedule and the stage of the case.

1. Free, confidential initial consultation. We review the charge, the timeline and any notices you have received.
2. Evidence review. We look at the child’s forensic interview, medical examination records, school records, digital evidence and witness statements.
3. Pretrial work. This can include motions, challenges to evidence and negotiations with the prosecutor.
4. Options. We explain dismissal possibilities, deferred adjudication, probation terms and whether to take the case to a jury trial. Each option carries its own consequences.
5. Coordination with the certificate track. Decisions in court and in the SBEC matter are made together.

Deferred Adjudication, Probation and Your Certificate

Deferred adjudication lets a judge delay a finding of guilt. Probation follows a conviction. Each one carries different terms.

• Under art. 42A.101(a), if the judge believes the best interest of society and the defendant will be served, the judge may, after a plea of guilty or nolo contendere and a finding that the evidence substantiates guilt, defer further proceedings without entering an adjudication of guilt. The judge must explain the possible consequences of violating supervision.
• Eligibility limits. Under art. 42A.102(a), a judge may place a defendant charged with indecency with a child, sexual assault or aggravated sexual assault on deferred adjudication only if the judge makes a finding in open court that it is in the victim’s interest.
• Dismissal at the end. Under art. 42A.111(a), if no adjudication of guilt is entered when the supervision period ends, the judge shall dismiss and discharge the defendant. Texas Code of Criminal Procedure Art. 42A.111 reads: “(b) The judge may dismiss the proceedings and discharge a defendant before the expiration of the period of deferred adjudication community supervision if, in the judge’s opinion, the best interest of society and the defendant will be served, except that the judge may not dismiss the proceedings and discharge a defendant charged with an offense requiring the defendant to register as a sex offender under Chapter 62.”

Each path affects the certificate and employment picture in its own way. Those effects are weighed case by case.

Why Work With Barbieri Law Firm

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends professionals accused of sex crimes and assaultive offenses.

• Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.
• Our lawyers are Heather Barbieri and Carrie Thomas. Our team includes support staff who keep case files organized.
• The firm defends clients in Collin County, Dallas-Fort Worth and across Texas.
• Practice areas include sex crimes, aggravated sexual assault, child sex crimes, online sex crimes, aggravated assault, family violence, and theft defense for students and non-citizens.

Common Questions About Teacher Certificates and Child Sex Charges

Talk With Our Lawyers About Your Situation

If you’re an educator facing a child sex charge, or watching a family member go through one, you’re making decisions under pressure. The criminal case and the certificate may both need answers now.

Share the charge, any notices you received and the timeline. We’ll explain the options for both tracks.

• Call (972) 424-1902.
• Schedule a free consultation.
• Send your case details through the website.

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