In August 2003, Preston was indicted in Randall County, Texas, on charges of indecency with a 12-year-old grandchild. The charges were reduced to misdemeanor assault in a plea bargain, and on February 10, 2004, Preston pleaded "no contest" to the reduced charges "to protect his family". Preston received a $4,000 fine, two years probation, and was "ordered to undergo counseling". In a 2009 interview, he stated that he was innocent of any wrongdoing, but chose to take the plea bargain in order to spare his family from a court trial.