Do i need to get a criminal lawyer??

Your boyfriend should immediately stop talking to anyone who asks for his statement about this issue. He should consult with a local criminal attorney who is experienced in handling child sexual abuse cases immediately to protect himself. He should not meet with the police officer and if that officer has any questions, he should refer him to any attorney that he has retained.

Depending on what this student alleges, your boyfriend could be charged with any number of offenses in the State of Texas, including but not limited to:
- Indecency with a Child - TX Penal Code Sect. 21.11 (2nd or 3rd Degree Felony)
- Improper Relationship with an Educator and Student - TX Penal Code Sect. 21.12 (Second Degree Felony) (This law applies even if the student is an adult!!!)
- Sexual Assault - TX Penal Code Sect. 22.011 (2nd Degree Felony)
- Aggravated Sexual Assault - TX Penal Code Sect. 22.021 (1st Degree Felony).

In Texas, a 3rd Degree Felony carries up to 10 years in prison, a 2nd Degree Felony carries up to 20 years in prison, and a 1st Degree Felony carries up to 99 years in prison!!! This is not a joke and this is not something that your boyfriend has a good chance of "explaining" to a detective who acts like he or she just wants to get "his side of the story". These investigators take every accusation (however true or untrue they may be) very seriously and look at it as their job to put people accused of these offenses behind bars. Talk to an attorney immediately.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

He absolutely needs to consult a criminal defense lawyer immediately! Talking to anyone, especially a police officer, about these types of allegations could be a monumental blunder that will haunt him for the rest of his life. The job of a police officer is to put people behind bars, not just to "get his side of the story". Consider the fact that the victim of this alleged offense may simply need corroboration to make the charge a felony, or to allow the prosecutor to pursue it.

Your boyfriend desperately needs the advice of a good criminal defense lawyer, and he need it right now. If you cannot find one locally through this web site, you may want to try lawyers.com or nbtanet.org and look for a criminal defense specialist who is familiar with Texas felony law. Good luck.

Dan J. Weisenburger
Attorney at Law

Board Certified Criminal Defense Specialist in Ohio

The answer to your question is yes. No matter what your boyfriend says about what occurred, the officers supposedly investigating the matter will contact the District Attorney's office. As long as the complainant does not have a long history of false allegations or other serious issues, the DA's office will accept charges with the intent of letting of jury decide. (They even take and pursue charges in cases where there have been previous false allegations.)

The potential offenses that could be charged and the prisons terms are very well outlined in the other answer.

The officer's intent in trying to get a statement is not to decide whether to file charges. I can just about assure you that has already been decided. It is to try to lock the accused into an answer which may not include details that your boyfriend is not thinking of as he provides the answer. This statement (and missing components) will later be used to impeach your boyfriend.

In addition, they will likely attempt to get your boyfriend to take a polygraph test. While these tests are not admissible in a trial, they are admissible before a grand jury and it is not the best situation to take one if one does not even know what the full allegations are, and is not given time to consider the allegations. Your boyfriend may want to consider a private polygraph in the future for use in the grand jury when he is not in such an intimidating situation (at the police station with an officer who is seeking to imprison him) and when he knows the allegations.