South Texas Alien Smuggling Attorney.
We help people arrested or charged with alien-smuggling crimes in South Texas. In particular, our firm handles the two most common types of charges police use to crack down on human smugglers. They are transporting aliens in violation of 8 USC 1324 and Smuggling of Persons under Texas Penal Code 20.05.
However, these two laws have one key difference. 8 USC 1324 is a federal crime and Texas Penal Code 20.05 is a state crime. Nevertheless, police use these laws to target the same conduct: picking up undocumented migrants near the border and secretly driving them to a major city. If police arrest you for this type of crime, then we can help.
How will you help me if I am arrested for a human-smuggling crime in South Texas?
We review each case to see if police had a reason to arrest you for a human-smuggling crime. This includes getting the police reports, dash-cam videos, and body cam videos from the prosecutor. From there, we look at this evidence to see if police can link or connect you to the crime.
After that, we meet with you to review the evidence. This is the most important part of the case because your input will shape the defense. Namely, once we look at the proof together, we can decide on what to do next.
For some clients, a plea deal is the best option. Yet for other clients, pleading not guilty and taking the case to trial is the only rational option. In either event, we will provide you with objective legal advice to help you make the best choice for your situation.
Above all else, we will respect your wishes. This means if you want to fight your case, then we will do everything possible to get a not guilty verdict. In contrast, if you want to work something out, then we will make sure the government treats you fairly.
What are the most common problems that come up in human-smuggling cases?
There are a few key things to look out for if police arrest you or someone you love for a human-smuggling crime in South Texas.
- Getting out of jail after an alien-smuggling arrest: This is the first problem you will face in a human-smuggling case. If the feds arrest you for an 8 USC 1324 crime, then a federal judge will hold a bail hearing to decide if you can get out on bond while the case is pending. In some cases, the feds will agree to let you out on bond. But if they don’t, then you can ask the judge to let you out on a bond.
During this hearing, we will call witnesses on your behalf to show you qualify for a bond. Namely, we will provide evidence to prove you are not a flight risk and you are not a danger to the community. If the court agrees with our defense, then it will let you out on bond while the case is pending.
In contrast, state court lets people out of jail if they pay a bond amount. Unfortunately, sometimes a person cannot afford the bond to get out of jail. We can file motions to lower your bond in appropriate cases.
- Immigration issues. This is the most heartbreaking type of case to deal with. It happens when police arrest a person who is not a US Citizen for alien smuggling. If a judge or jury finds this non-citizen guilty of alien smuggling, then this person may get deported or removed from the country.
As a result, if you are a non-citizen facing an alien-smuggling charge, then you must speak with an immigration attorney before you make a major decision in your case. The immigration attorney will tell you how an alien-smuggling conviction will affect your ability to stay legally in the country. Our firm will work with your immigration attorney to develop a game plan on the best way forward.
- Evidence issues. In many human-smuggling cases, police follow the law and make a proper arrest. But this doesn’t always happen. For instance, police are getting more aggressive and stopping motorists with less than reasonable suspicion to believe the driver committed a crime.
Another example is when police question you after an arrest without reading you your Miranda rights. If police do this, then prosecutors cannot use the statements you gave before the Miranda warnings at your trial.
Finally, police sometimes break the law by searching you cellphone without your consent or a search warrant. This creates a major Fourth Amendment problem for prosecutors. In particular, the Supreme Court requires police to get either a search warrant or your permission before they search your cellphone. If they don’t, then prosecutors cannot use the cellphone evidence against you.
If any of these things happen in your case, then we will file a motion to suppress in your case and ask the court to kick out your case, exclude the evidence, or both.
What areas do your service?
We accept cases in Val Verde County, Kinney County, Uvalde County, and Medina County.
What types of alien-smuggling crimes do you handle?
We handle all human-smuggling crimes in South Texas. This includes:
- Transporting undocumented aliens;
- Bringing aliens into the country;
- Harboring or hiding aliens from police;
- Encouraging aliens to enter the country;
- Conspiracy to smuggle aliens; and
- Aiding and abetting these crimes.
What services do you offer in human-smuggling cases?
Our services include:
- Representing you at a federal bail hearing;
- Requesting a lower bond amount in you state case;
- Reviewing the dash and body camera videos to see if police had a legal reason to make an alien-smuggling traffic stop in your case;
- Challenging the admissibility of evidence at a suppression hearing;
- Jury trials;
- Plea negotiations and hearings; and
- Sentencing hearings.
Finally, our promise to every client is this: we will do everything possible within the law to get the results you are looking for.
Can you get probation for an alien-smuggling crime in Texas?
Yes. But it will depend on a few things.
If police arrest you for the state crime of Smuggling of Persons in Texas, then probation is a strong possibility if you have a clean record, you are caught with a low number of migrants, and there are no aggravating facts in your case.
To illustrate, facts that make it harder to get probation in Smuggling of Persons cases include putting migrants in the trunk of your car, getting into a high speed chase with police, smuggling children younger than 18 years of age, or possessing a gun during the crime.
Similarly, probation is possible in a federal case. But it is much harder to get a federal judge to grant you probation in an 8 USC 1324 case. In fact, there is a much higher risk that you will serve jail time for a federal alien-smuggling crime than there is for the crime of Smuggling of Persons in Texas.
I live too far from your office. Can we meet virtually if I hire you on my case?
Yes. Many clients do not live in San Antonio. Instead, they live in cities like Houston, Austin, Dallas, or even out of state. This makes office visits difficult for many clients. To help with this problem, we schedule Zoom meetings for client interviews and to review the evidence.
On top of that, our firm can send you an e-contract and payment link to start the case. This means you can sign the contract on your smartphone and make a payment online. And you will get PDF copies of the signed contract and a receipt for payment.
First-time Alien Smuggling Defense. Call Today to Discuss your case.
Getting arrested on a human-smuggling charge creates lots of emotions. Uncertainty about the future. Stress about what to expect in your case. And anxiety because you are not in control of the outcome. These are all normal feelings in this situation.
Fortunately, an experienced human-smuggling defense attorney can help ease some of these emotions. We can do this by being your guide during this case. We will walk you through your options. And we will always give you objective advice about how to move forward in your case.
If you have a human-smuggling charge in South Texas, then call today. We can help.
