Yes. Illegal reentry under 8 U.S.C. § 1326 is a federal felony — not just a civil immigration violation. A first offense without prior criminal history carries up to 2 years, but prior felony or aggravated felony convictions can increase exposure to 10 or 20 years in federal prison. Federal sentencing guidelines govern the actual sentence, which an experienced attorney can work to reduce.

Yes — and one of the most powerful defenses is a collateral attack on the underlying deportation order. If the prior removal proceeding was fundamentally unfair or violated your due process rights, we can challenge whether the deportation was legally valid. This can result in the dismissal of the entire illegal reentry charge. Attorney Cortez evaluates this defense in every reentry case.

Statements made to federal agents — including Border Patrol, ICE, and HSI — can be charged as false statements under 18 U.S.C. § 1001 or used as evidence in the underlying case. However, statements made before Miranda warnings were given, or after you requested an attorney, may be suppressible. We examine the full circumstances of every post-arrest statement.

Yes. You have the right to remain silent and the right to an attorney before answering questions. At a Border Patrol checkpoint, you may be required to state your citizenship, but beyond that, you are not required to answer questions about your immigration status or activities. The safest thing you can do is politely decline to answer further questions and request an attorney.

Civil deportation (removal) is handled by immigration courts and results in being required to leave the country. Criminal immigration charges are federal crimes prosecuted in federal district court and can result in prison time on top of removal. Both proceedings can happen simultaneously — and a criminal conviction can make it far harder to ever obtain immigration relief in the future.

Border searches operate under different constitutional rules than interior searches. While basic manual phone searches have been permitted at the border without a warrant, forensic searches — downloading and analyzing phone contents — have faced more constitutional scrutiny. Do not consent to a phone search. Requiring agents to obtain a warrant preserves your rights and may result in evidence being suppressed.

Potentially yes. A federal criminal conviction can affect pending immigration applications for family members, disqualify you as a petitioner for family-based immigration, and in some cases trigger scrutiny of family members’ status. Attorney Cortez considers the full family immigration picture when advising on defense strategy and plea decisions.

Immediately. Federal initial appearance hearings — including bail hearings — happen within 24 to 72 hours of arrest. Having an attorney at the bail hearing significantly improves the chances of pretrial release. Evidence is also freshest immediately after arrest, and early intervention gives your attorney the most options. Call Attorney Cortez as soon as possible after any federal arrest.

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.