State charges are prosecuted by the Bexar County District Attorney under Texas law in state court. Federal charges are brought by U.S. Attorneys under federal statutes in federal court. Federal cases generally carry harsher mandatory sentences, are harder to resolve favorably, and move through a different court system entirely. Some situations result in both state and federal charges simultaneously.

Under Texas law, a felon may possess a firearm at their own home more than five years after release from confinement, parole, or probation — whichever is later. However, federal law still prohibits felons from possessing firearms in virtually all circumstances. This gap creates serious legal risk for those who rely on the Texas exception without understanding federal law.

A straw purchase occurs when a person who can legally buy a gun does so on behalf of someone who cannot — such as a felon or someone prohibited by law. It is a federal felony regardless of intent. Even if the buyer didn’t know the purpose of the purchase, the government may still pursue charges. These cases are aggressively prosecuted in South Texas.

18 U.S.C. § 924(c) requires mandatory minimum prison sentences when a firearm is used or carried during a drug trafficking crime or crime of violence. These sentences run consecutively — on top of, not instead of, whatever sentence you receive for the underlying crime. They cannot be suspended or run concurrently. This makes fighting the underlying charge critically important.

Potentially yes. The Fourth Amendment prohibits unreasonable searches and seizures. If law enforcement found the weapon during an illegal traffic stop, without a valid warrant, or without proper consent, we can file a motion to suppress the evidence. If the gun is suppressed, the government may not be able to proceed with the charge at all.

The ACCA enhances the penalty for federal felon-in-possession charges when the defendant has three or more prior convictions for violent felonies or serious drug offenses. Instead of up to 10 years, an ACCA enhancement triggers a mandatory minimum of 15 years in federal prison. Challenging whether prior convictions qualify as ACCA predicates is a critical part of federal firearms defense.

Yes — firearms offenses can have severe immigration consequences including deportation, inadmissibility, and permanent bars to legal status. Non-citizens facing firearms charges must have an attorney who understands both criminal and immigration law. Attorney Cortez takes immigration consequences seriously in every case involving non-citizen clients.

Immediately. Federal investigators may already be building a larger case before charges are even filed. Statements you make in custody can be used against you. Evidence can disappear. The sooner an attorney is involved, the more options are available — including potentially preventing charges from being filed at all in some situations.

Yes. Breathalyzer results are not infallible. Devices must be properly calibrated and maintained, and the test must be administered correctly. Certain medical conditions, diet, and mouth alcohol can cause false readings. We examine the full record of the device used in your case.

Refusal triggers an automatic driver’s license suspension and can be used against you at trial. However, a refusal also means less direct evidence for the state. We examine whether law enforcement followed proper procedures and whether any warrant was properly obtained for a blood draw.

The Administrative License Revocation (ALR) hearing is a civil proceeding — separate from your criminal case — where we fight to keep your driver’s license. You have only 15 days from your arrest to request this hearing. Missing it means automatic suspension. Winning it also gives us early discovery of the state’s evidence.

If your DWI case is dismissed or you are acquitted, you may be eligible for expunction. Texas law currently does not allow expunction of DWI convictions. This makes fighting the charge — not just accepting a plea — critically important from the start.

It depends on your employer and profession. Jobs requiring commercial drivers’ licenses, security clearances, or professional licenses are especially at risk. A criminal record can appear on background checks for years. Avoiding a conviction through aggressive defense protects your employment future.

Texas law limits deferred adjudication for DWI charges — it is not available in all circumstances. Attorney Cortez can evaluate your specific case to determine whether deferred adjudication is a viable and beneficial option, or whether fighting for an outright dismissal or acquittal is a better path.

If you requested an ALR hearing within 15 days of your arrest, your driving privileges are typically preserved until the hearing. If you need to drive for work and your license is suspended, we can petition for an Occupational (Essential Needs) Driver’s License so you can maintain your livelihood.

Attorney fees vary based on the complexity of the case and charges involved. What matters is weighing the cost of a conviction — fines, surcharges, job loss, higher insurance rates, and a permanent record — against the investment in your defense. We offer a free initial consultation to discuss your situation.