Charged with an Online Sex Crime? Speak With a Frisco Trial Lawyer Before You Respond

If you need an online sex crimes trial lawyer in Texas, the first question is how your case will be prepared. A trial defense is built from the first review of the charge, as if a jury may hear the case. Preparing for trial is what gives you real choices. This page explains each step. Barbieri Law Firm is based in Frisco, Texas, and defends clients in Collin County, Dallas-Fort Worth and across Texas.

What an Online Sex Crimes Trial Defense Is and Who It Is For

A trial defense is a defense prepared as if the case will go to a jury, even if it never does. Some cases are resolved before trial. The decision to go to trial belongs to the client. A lawyer explains the risks of each path, and the client decides.

This page is for two groups. The first is a person who has been charged with, or is under investigation for, an online sex offense in Texas. The second is a family member who wants to understand what comes next.

Trial preparation starts early, long before a trial date is set. Digital records and messages take time to request and review, so the work often begins at the first meeting.

Online Charges a Trial Defense Can Cover

A trial defense covers the specific offense in the charging papers, and each Texas statute has its own elements. Here are some online charges a trial defense can cover.

Online solicitation of a minor

Under Texas Penal Code § 33.021, the offense involves messages sent over the Internet, email, text or a commercial online service. The law counts a “minor” as someone under 17, and also someone the accused believes is under 17. That belief language matters, so the review looks closely at what was known about age.

Under Texas Code of Criminal Procedure Art. 62.001, a violation of Section 33.021 (Online solicitation of a minor), Penal Code, is one of the offenses listed in that article’s definitions.

Unlawful disclosure or promotion of intimate visual material

Under Texas Penal Code § 21.16, the State must prove disclosure without effective consent, with intent to harm, and that at the time of the disclosure the person knows or has reason to believe the material was obtained or created under circumstances in which the depicted person had a reasonable expectation that it would remain private. It must also show that the disclosure caused harm and revealed the depicted person’s identity. The offense is a state jail felony. Consent to creating an image is not a defense by itself, so the review focuses on each element. Certain disclosures made in a legal proceeding, if the disclosure is permitted or required by law, or made to report unlawful activity, can be affirmative defenses.

Sting operations and entrapment

Under Texas Penal Code § 8.06, entrapment is a defense when a law enforcement agent uses persuasion likely to cause a person to commit the offense. Simply giving someone an opportunity to offend is not entrapment. The review looks at who started the conversation and what the agent said.

What a Trial Defense Covers, Step by Step

A trial defense covers the charge, the State’s evidence, pretrial motions, the plea-or-trial decision and the trial itself.

• Charge review: reading the charging papers, confirming the statute and listing each count and its elements.
• Discovery review: requesting the State’s file, including messages, account records, device extractions and search warrants.
• Attribution: asking who had access to the phone, computer or account, and whether the State can tie the messages to the accused.
• Pretrial motions: checking whether evidence was gathered lawfully and whether a motion to suppress, which asks the court to exclude evidence, should be filed.
• Plea or trial decision: explaining any offer, the possible sentence ranges and the risks of trial, so you decide with full information.
• Trial work: jury selection, opening statements, cross-examining witnesses and forensic examiners, presenting defense evidence and requesting jury instructions.

What to Expect: The Process and Timeline

The process moves from a first meeting to a resolution or trial, and its length depends on the court’s schedule and the facts.

1. First meeting. You share what you know about the charge and bring your questions.
2. Case review. The firm reviews the charging papers, bond conditions and available discovery, and notes what is still missing.
3. Investigation and motions. The review includes forensic work on devices and accounts, witness interviews and any pretrial motions.
4. Resolution discussions. Any offer is weighed against the trial risks identified in the review.
5. Trial setting. The trial date depends on the court’s docket. Preparation starts well before that date.
6. Trial and verdict. You stay informed through jury selection, trial and the verdict. If there is a conviction, sentencing is addressed next.

Collateral Consequences to Weigh Before Trial

A conviction can affect more than the sentence, including firearm rights and child custody. Those effects follow the specific offense charged.

Firearm rights are also at stake. Under Texas Penal Code § 46.04, a person convicted of a felony commits an offense by possessing a firearm before the fifth anniversary of release from confinement or supervision, whichever is later. After that period, possession anywhere other than the home is also an offense.

Why Clients Work With Barbieri Law Firm

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas, led by attorney Heather Jean Barbieri.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization.

Our team handles office and administrative work. Heather Jean Barbieri is the attorney at the firm. The firm defends people accused of sex crimes and assaultive offenses, including aggravated sexual assault, online sex crimes, aggravated assault and family violence. For more on Collin County matters, see the online sex crimes page for Collin County.

We will review the evidence and explain your options. Client details stay confidential. Any case detail shared publicly requires the client’s informed consent.

Common Questions About Online Sex Crime Trials

Most questions come down to whether the case goes to trial and what you must decide. Here are answers to common questions.

Talk With a Texas Defense Lawyer About Your Case

The next step is a conversation about your charge and the evidence. If a message thread or image is at the center of your charge, and a jury trial is possible, the decision in front of you is serious. You can start that conversation by calling (972) 424-1902 or by sending us your case details.

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