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DIABLITA EXPLAINS:

EVERY SEX OFFENSE IN TEXAS

Sex offenses make up an ever-increasing amount of crimes committed – and prosecuted – in Texas. Crimes of a sexual nature carry a deep social stigma, alienating accused individuals and devastating their lives. Our criminal justice system provides for the “presumption of innocence”: that everyone is innocent until proven guilty. And yet, people facing allegations of criminal sexual misconduct are often placed in a position of having to affirmatively prove their innocence. Embarrassment and social stigma should not prevent you from reaching out to a criminal defense attorney. If you’re facing charges for a sexual offense, your freedom is in jeopardy. The longer you wait to secure representation, the more investigation is being done into your case and the more damage is being done to your reputation and life. Diablita Criminal Defense, PLLC will handle your case with the utmost discretion and will craft an aggressive, skillful defense against your charges.

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How much do you charge?

Because every criminal case is unique, my fees vary depending on the anticipated complexity of the matter. However, as with most criminal defense attorneys, all of my cases are charged on a flat fee basis. There are essentially two flat fees for every case. There is one flat fee if the case is disposed without a trial and an additional flat fee if the client chooses a trial.

Lawyers who limit their practice to criminal defense will normally charge higher fees than lawyers with a more general practice. Because of the limited nature of my practice, my experience as a former Ellis County felony prosecutor, and my positive reputation in the legal community, my fees are typically higher than those that do not share these same attributes.

Do you accept payments?

Yes. Payment plans are available. For most misdemeanors, I will offer a payment plan of 4 to 5 monthly payments. For most felonies, I will allow a payment plan of 5-6 monthly payments.

Do you accept credit cards?

Yes. I accept all major credit cards and I do not charge any additional processing fees.

Can you guarantee that you will win my case?

No. In fact, no lawyer can guarantee that they can win your case. What I can guarantee is that I am capable and competent to handle your case and that I will do my very best. The more specialized and experienced your attorney, the greater your odds are of obtaining a satisfactory outcome.

What services are included in your fee?

Once retained, you will receive a copy of my detailed contract for your records. My contract provides for the following legal services:
Interview the client and defense witnesses, if deemed necessary by the attorney.

Employ at attorney’s expense, a private investigator to conduct additional fact finding, if deemed necessary by the attorney.

Obtain and review any and all legally discoverable information and evidence from the District Attorney’s Office regarding the client’s case.

Research and review both statutory and case law that applies to the client’s case.

Locate and employ the assistance of expert consultant(s) / witness(es), if necessary.

Seek to obtain a rejection, no-bill, or dismissal, of the charges pending against the client. In the alternative, negotiate the best possible plea bargain offer/settlement from the District Attorney that has been assigned to prosecute the client’s case.

Review the evidence, facts and the law with the client.

Provide the client with the pros and cons of accepting the plea bargain offer obtained versus seeking a trial on the merits.

Advise the client as to which choice appears to be in the client’s best interest.

Assist the client in implementing his choice (i.e. assist the client in entering into a plea bargain agreement or by having an actual bench or jury trial).

The costs for such things as service of subpoenas, certified documents, photographs, transcripts, and trial exhibits, are included in my flat fee.

What is not included in your fees?

My contract typically does not include the following:

Representation for any post conviction relief such as an appeal, expunction, motion for new trial, motion for non-disclosure, writs of certiorari, motion for early release, motion for reduction of sentence, motions to modify; Representation in a second trial based on a granted motion for new trial, a reversal by an appellate court, or following a “hung jury”; Representation in any future revocation of probation proceedings, including a motion to adjudicate a deferred disposition; or Representation before the Texas Board of Pardons & Parole.

Expert witness fees, if any.

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CALL TODAY for a free case evaluation– always complimentary, always confidential. 

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Every allegation of criminal sexual misconduct is a serious allegation -- treat it like one. Many charges are brought on the basis of testimony alone, and many convictions are secured with no additional evidence. Sex crimes including sexual assault, indecent exposure, indecent assault, and sexual abuse of children are often “he said, she said” cases, where the cases lives or dies based on the competing testimony of the alleged victim and the accused. Every day, Texas prosecutors put people behind bars based on the uncorroborated testimony of a single individual. Prosecutions for sex offenses don’t need to rely DNA, proof of physical injury, or any other kind of substantiating, corroborating evidence in order to result in a conviction. Regardless of the amount or type of evidence you believe exists in your case, a strong defense is essential. Allegations of a sexual nature don’t simply disappear. Without proactive, aggressive defense, allegations grow into witch hunts. Your case deserves an attorney who is strategic, determined, and powerful. CALL NOW to speak with the Devil, and get Texas’s top defense with Atty. Madolyn García Falone.

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Visual Materials

SEX OFFENSES INVOLVING VISUAL MATERIALS

- LEARN MORE -
 

Texas law criminalizes various activities related to sexually explicit images and videos. In Texas, it is illegal to record "upskirting" images, to "creep" or otherwise be a peeping Tom. It is a crime to post "revenge porn"; it is a crime to send non-consensual nudes, and it is a crime to use artificial intelligence/AI to create deep fake nudes and pornographic images. Technology has long been an essential part of our daily lives, permeating our relationships, socialization, and entertainment. With all that ubiquitous use comes the potential for modern methods of engaging in criminal conduct, from taking sneaky recordings and screenshots to rage posting you ex's nudes across the Internet. With the increased use and ever-growing power of AI, deepfake pornography has become a new criminal frontier. And sending non-consensual pictures of your junk to random people? That's a crime facilitated through increased use of social media and digital communication in general. The widespread connectivity fostered by lives lived online means that it's all too easy to get caught up in behavior that runs afoul of Texas law. Our online lives aren't as anonymous as they seem. If you've been charged with a sex offense involving visual materials, Diablita can helpClick the links below to get comprehensive information and analysis on sex offenses involving visual materials, under Texas law.

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  • Tex. Penal Code §21.15 --- Invasive Visual Recording

  • Tex. Penal Code §21.16 --- Unlawful Disclosure or Promotion of Intimate Visual Material

  • Tex. Penal Code §21.165 --- Unlawful Production or Distribution of Certain Sexually Explicit Videos

  • Tex. Penal Code §21.19 --- Unlawful Electronic Transmission of Sexually Explicit Visual Material

Coercion & Assault
  • Tex. Penal Code §21.18 --- Sexual Coercion

  • Tex. Penal Code §22.011 --- Sexual Assault (“Rape”)

  • Tex. Penal Code §22.021 --- Aggravated Sexual Assault

  • Tex. Penal Code §22.012 --- Indecent Assault

  • Tex. Penal Code §20A.02 --- Trafficking of Persons

  • Tex. Penal Code §20A.03 --- Continuous Trafficking of Persons

  • Tex. Penal Code §39.041 --- ​Improper Sexual Activity with Person in Custody

Children
  • Tex. Penal Code §21.02 --- Continuous Sexual Abuse of a Young Child or Disabled Individual

  • Tex. Penal Code §22.011a(2) --- Sexual Assault of a Child

  • Tex. Penal Code §22.021(a(2)) --- Aggravated Sexual Assault of a Child

  • Tex. Penal Code §22.021(f) --- Super-Aggravated Sexual Assault of a Child

  • Tex. Penal Code §21.11 --- Indecency with a Child

  • Tex. Penal Code §43.25 --- Sexual Performance by a Child

  • Tex. Penal Code §15.032 --- Child Grooming

  • Tex. Penal Code §21.12 --- Improper Relationship Between Educator and Student

  • Tex. Penal Code §43.251 --- Employment Harmful to Children

  • Tex. Penal Code §33.021 --- Online Solicitation of a Minor​

  • Tex. Penal Code §43.26 --- Possession or Promotion of Child Pornography

  • Tex. Penal Code §43.261 --- Electronic Transmission of Certain Visual Material Depicting Minor

  • Tex. Penal Code §43.262 --- Possession or Promotion of Lewd Visual Material Depicting Child

  • Tex. Penal Code §43.24 --- Sale, Distribution, or Display of Harmful Material to Minor

  • Tex. Penal Code §43.28 --- Certain Sexually Oriented Performances Prohibited

Prostitution
Obscenity/Lewdness
  • Tex. Penal Code §43.02 --- Prostitution

  • Tex. Penal Code §43.021 --- Solicitation of Prostitution

  • Tex. Penal Code §43.03 --- Promotion of Prostitution

  • Tex. Penal Code §43.05 --- ​Compelling Prostitution

  • Tex. Penal Code §43.031 --- Online Promotion of Prostitution

  • Tex. Penal Code §43.04 --- Aggravated Promotion of Prostitution

  • Tex. Penal Code §43.041 --- Aggravated Online Promotion of Prostitution

SEX OFFENSES INVOLVING OBSCENITY AND LEWDNESS

  • Obscene Display or Distribution (Tex. Penal Code §43.22)

  • Obscenity (Tex. Penal Code §43.23)

  • Public Lewdness (Tex. Penal Code §21.07)

  • Indecent Exposure (Tex. Penal Code §21.08)

  • Voyeurism (Tex. Penal Code §21.17)

  • Bestiality (Tex. Penal Code §21.09)

  • Prohibited Sexual Conduct (Incest) (Tex. Penal Code §25.02)

About la Diablita

Texas Criminal Defense Attorney Madolyn García Falone

Madolyn García Falone is a Texas criminal defense attorney and the Sole Managing Partner of Diablita Criminal Defense, PLLC. The principal office of Diablita Criminal Defense, PLLC is in Austin, TX.

 

Atty. García Falone practices in the Austin metro area (ATX) as well as the Dallas-Fort Worth metro (DFW). She practices in counties throughout Texas, including Travis County, Williamson County, Bastrop County, Hays County, Caldwell County, Blanco County, Burnet County, Bell County, McLennan County, Hill County, Ellis County, Tarrant County, Dallas County, Kaufman County, Denton County, and Collin County.

 

Atty. García Falone takes criminal cases throughout Central and North Texas, including Austin, Westlake, Lakeway, Cedar Park, Leander, Pflugerville, Round Rock, Georgetown, Belton, Temple, Waco, Dallas, Fort Worth, Arlington, Plano, Irving, and Denton.

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LET DIABLITA DEFEND YOU.

Get in touch to speak with the Devil and start building your strongest defense.

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DISCLAIMER: THE USE OF THE INTERNET OR THIS FORM FOR COMMUNICATION WITH THE FIRM OR ANY INDIVIDUAL MEMBER OF THE FIRM DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONFIDENTIAL OR TIME-SENSITIVE INFORMATION SHOULD NOT BE SENT THROUGH THIS FORM.
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