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.

For federal transaction money laundering, the government must prove that you conducted or attempted a financial transaction, that the funds involved were proceeds of a specified unlawful activity, and that you knew the funds were criminal proceeds. Intent is also required — either to promote the unlawful activity or to conceal the nature or source of the funds. Attacking each of these elements is central to the defense.

Knowledge is a required element of federal money laundering — the government must prove you knew the funds represented criminal proceeds. However, federal prosecutors can argue “willful blindness” — that you deliberately avoided knowing the truth. Demonstrating a genuine lack of knowledge, or that you had no reason to suspect wrongdoing, is a critical defense strategy.

Federal agents frequently set up undercover operations where informants pose as drug traffickers or criminals seeking to launder money. If the government induced you to commit a crime you would not otherwise have committed, an entrapment defense may be available. We also scrutinize the conduct of the informant, any promises made, and whether the government’s tactics were so outrageous they violated due process.

Yes. Federal civil forfeiture law allows the government to seize assets it believes are connected to criminal activity — even before charges are filed and without a conviction. This can include bank accounts, vehicles, real estate, and cash. We can challenge improper seizures and work to recover legitimately owned assets through the forfeiture process.

Yes — structuring is a federal crime under 31 U.S.C. § 5324. It occurs when someone breaks up cash transactions specifically to stay below the $10,000 currency reporting threshold. Critically, the underlying money does not have to be from illegal activity — even structuring transactions involving perfectly legitimate funds is a federal felony if done with the intent to evade reporting requirements.

Texas has its own money laundering statute (Tex. Pen. Code § 34.02) with penalties based on the dollar amount involved. Federal charges under 18 U.S.C. § 1956 carry up to 20 years per count. In many cases, both state and federal prosecutors pursue charges simultaneously — each in their own court system. Having an attorney experienced in both venues is essential.

Yes — money laundering is considered an aggravated felony under federal immigration law. A conviction can result in deportation, permanent bars to re-entry, and denial of citizenship or legal status. Non-citizens facing money laundering charges must have an attorney who takes immigration consequences seriously from the very beginning of the case.

Federal money laundering investigations can span months or years before charges are filed. Agents may be reviewing bank records, monitoring transactions, developing informants, and building a comprehensive case long before you are aware of any investigation. If you have any reason to believe you are under investigation — including receiving a grand jury subpoena or a visit from federal agents — contact an attorney immediately.

A good faith defense argues that you genuinely believed your conduct was lawful — even if it turned out to violate the law. Most white collar offenses require the government to prove criminal intent. If you acted in good faith reliance on advice from an accountant, attorney, or other professional, or genuinely believed your actions were authorized, this defense can be powerful. It is one of the most important and underutilized defenses in white collar cases.

Yes. Federal fraud statutes do not require that anyone actually suffered a financial loss — only that a scheme to defraud existed and that you participated in it knowingly. An unsuccessful fraud attempt is still prosecutable. This makes intent and the nature of the alleged scheme central to the defense, rather than simply whether harm resulted.

Do not speak to them without an attorney present — regardless of how friendly or casual the conversation seems. Federal agents are trained interviewers, and anything you say can and will be used against you. Politely decline to answer questions, provide your attorney’s contact information, and call Attorney Cortez immediately. You have an absolute right to counsel before speaking with investigators.

A grand jury subpoena requires you to produce documents or testify before a federal grand jury. Receiving one means you are likely either a target, subject, or witness in a federal investigation. You have important rights in this process — including the right to assert the Fifth Amendment privilege against self-incrimination and to consult with an attorney before testifying. Contact a defense attorney immediately upon receiving a subpoena.

Civil fraud cases are brought by private parties or government agencies seeking financial remedies — repayment, fines, and penalties. Criminal fraud charges are brought by prosecutors and can result in imprisonment. The same conduct can result in both civil and criminal liability simultaneously. Criminal cases require proof beyond a reasonable doubt, while civil cases use a lower standard. Having defense counsel who understands both tracks is critical.

Federal white collar investigations frequently span one to three years or more before charges are filed. During this time, agents interview witnesses, review financial records, execute search warrants, and develop cooperating witnesses. The federal statute of limitations for most fraud offenses is five years — giving prosecutors an extended window to build their case. If you suspect you are under investigation, do not wait to seek legal counsel.

Federal convictions cannot be expunged under current federal law. Texas state convictions for felonies cannot be expunged either — only cases that result in acquittal, dismissal, or deferred adjudication (in limited circumstances) may be eligible for expunction or non-disclosure. This makes fighting the charges aggressively from the outset — rather than simply accepting a plea — critically important for your long-term future.

Almost certainly yes. Professional licensing boards in Texas — including those for medicine, law, accounting, real estate, and finance — treat fraud and dishonesty convictions as grounds for revocation or denial. Many licensing boards act independently of the criminal courts and can take action even before a conviction is final. Attorney Cortez takes professional licensing consequences seriously in every white collar case from day one.