San Antonio Criminal Defense Attorney 

Facing criminal charges in San Antonio is one of the most stressful experiences of your life. Whether you are dealing with a first-time DWI, a serious drug charge, or a federal indictment, you need more than a lawyer — you need an advocate who knows the Bexar County courts, the San Antonio Federal Courthouse, and how to fight for the best possible outcome in your case.

As a solo practitioner, I provide personalized, one-on-one attention that large firms simply cannot match. When you hire me, you work directly with me — not a paralegal, not a junior associate. My goal is simple: protect your future, keep your record clean, and fight for the best result your case allows.           

Navigating the Bexar County and Federal Criminal Justice System

If a loved one has been arrested in San Antonio, the first priority is getting them released. For state charges in Bexar County court, a bond company can post bond. For federal charges, a magistrate judge must authorize release at a detention hearing — and having an experienced San Antonio criminal defense attorney present at that hearing matters enormously.

After release, you have time to meet with your attorney and plan your defense. In Bexar County state court, there are often multiple paths to resolving a case and avoiding jail time. In federal court, the options are narrower and the stakes are higher — but you always have the right to plead not guilty, assert your constitutional rights, and fight.

San Antonio DWI Defense — Protecting Your Rights After an Arrest

A first-time DWI is one of the most common charges in San Antonio, and one of the most defensible. To convict, the State must prove that you lost the normal use of your mental or physical faculties, or that your blood alcohol concentration was .08 or higher at the time of driving. That is not always an easy case for the prosecution to make.

In cases where the driver performed well on field sobriety tests or had a BAC just over the limit, taking the case to a jury is often the best path. In other situations — where the video is unfavorable or the BAC is high — a negotiated resolution may better protect your family, your job, and your future. DWI Attorney Genaro Cortez will walk you through both options honestly, and fight for the outcome that serves your goals.

Charged with DWI in Bexar County?

Attorney Genaro R. Cortez has defended hundreds of DWI cases in San Antonio. Bilingual service available. Free consultation.

Free Consultation (210) 733-7575

San Antonio Federal Criminal Defense

San Antonio sits at the center of one of the busiest federal law enforcement corridors in the country. Because the city connects to border towns like Del Rio, Eagle Pass, and Laredo, federal agents from the FBI, Homeland Security, and ICE regularly arrest individuals for drug trafficking, alien smuggling, and firearms offenses while passing through the region.

Federal cases are fundamentally different from state cases. The penalties are more severe, mandatory minimums limit a judge’s flexibility, and the government’s resources are vastly greater than what any state prosecutor brings to court. Attorney Genaro R. Cortez served as a CJA Panel Attorney in San Antonio and Del Rio federal court for 15 years, representing hundreds of clients on federal charges. He knows how these cases are built — and how to take them apart.        

Wills, Estate Planning, and Probate Attorney in San Antonio

Planning for the future is one of the most important things you can do for your family. At the Law Office of Genaro R. Cortez, PLLC, I now offer estate planning and probate legal services to families throughout San Antonio and Bexar County.

A properly drafted will ensures your assets go to the people you choose — not to whomever Texas intestacy law designates. Without a will, the state decides how your estate is distributed, and the results often surprise surviving families. A will also lets you name a guardian for minor children and designate an executor to manage your estate efficiently.

If a loved one has already passed, I can guide your family through the Bexar County Probate Court process — from filing the petition and notifying creditors to transferring title and closing the estate. Texas law generally requires probate to be initiated within four years of the date of death, so it is important to act promptly.

Whether you need a simple will, a durable power of attorney, a medical power of attorney, or help navigating the probate process, I provide the same personalized attention my criminal defense clients have relied on for over 20 years.

Protect Your Family’s Future — San Antonio Wills & Estate Planning

Attorney Cortez prepares wills, powers of attorney, and advance directives for San Antonio families. Bilingual service available. Free consultation.

Learn More (210) 733-7575

Personal Injury and Car Accident Attorney in San Antonio

When a car accident or someone else’s negligence leaves you injured, the bills come fast and the insurance companies move faster — in their own interest, not yours. At the Law Office of Genaro R. Cortez, PLLC, I represent injury victims in San Antonio and Bexar County, including those pursuing uninsured and underinsured motorist (UIM) claims when the at-fault driver lacks adequate coverage.

Texas is a fault state, which means the driver responsible for causing the accident can be held liable for your medical bills, lost income, and pain and suffering. Insurance adjusters know that unrepresented claimants typically accept far less than their case is worth. Having an attorney in your corner changes that dynamic from the first call.

If you were injured in a car accident in the San Antonio area and are unsure whether you have a viable claim — or whether your own insurance company is treating you fairly on a UIM claim — call for a free consultation. There is no fee unless we recover for you.

Injured in a San Antonio Car Accident?

Don’t let the insurance company lowball your claim. Attorney Cortez represents injury victims and UIM claimants throughout Bexar County. No fee unless we win.

Learn More (210) 733-7575

Bexar County Criminal Defense, Estate Planning, and Personal Injury Attorney — Call 210-733-7575

Whether you are facing criminal charges, need a will drafted, or were injured by a negligent driver, the Law Office of Genaro R. Cortez, PLLC is here to help. All consultations are free and confidential. Bilingual service in English and Spanish is available.

Free ConsultationRead More

What should I do immediately after a Bexar County, Texas arrest?

First, secure release by hiring a bond company for state charges. If it is a federal charge, then consult with an experienced defense attorney to help you get a bond at a detention hearing. Once released, schedule a meeting with your San Antonio criminal defense attorney to review evidence, such as body cam footage or sobriety tests, before your first court date.

Do I have to fight a first-time DWI charge in San Antonio, Texas?

While many choose to fight first-time DWIs through a jury trial—especially if field sobriety tests were performed well—others may prefer to seek a plea to avoid jail time. I can help you weigh these options based on your specific BAC results and video evidence.

How do federal charges differ from state charges in San Antonio, Texas?

Federal cases, often involving alien smuggling or drug conspiracy, are handled in the San Antonio or Del Rio Federal Courthouses. The penalties are generally more severe, and the options for avoiding jail time are narrower than in Bexar County state court, making specialized federal defense critical.

Can the government seize my property in a federal fraud case?

Yes. In cases involving mail, wire, or bank fraud, the government may attempt to seize property if they can prove it was purchased with proceeds from the alleged fraud. A defense attorney works to protect your assets and challenge the government’s evidence.

Why do I need a Will or Estate Plan in San Antonio?

A personalized estate plan ensures your assets are distributed according to your wishes and helps your family avoid the lengthy and expensive Bexar County probate process. At the Law Office of Genaro R. Cortez, PLLC, we help you protect your legacy with Wills, Trusts, and Power of Attorney documents.

Do I need a will if I live in San Antonio, Texas?

Yes. Without a valid will, Texas law decides how your assets are distributed — and that may not reflect your wishes. A will lets you name who inherits your property, who raises your minor children, and who manages your estate. At the Law Office of Genaro R. Cortez, PLLC, I can draft a legally sound will that protects your family and gives you peace of mind.

What is the probate process in Bexar County, Texas?

Probate is the court-supervised process of validating a deceased person’s will and distributing their estate. In Bexar County, probate cases are filed in the Bexar County Probate Court. The process typically involves appointing an executor, notifying creditors, paying debts, and transferring property to heirs. Texas law generally requires probate to be filed within four years of the date of death.

How long does probate take in San Antonio, Texas?

A straightforward, uncontested probate case in Bexar County can take anywhere from a few months to about a year, depending on the size of the estate and whether any disputes arise. Having an experienced San Antonio probate attorney guide the process helps avoid unnecessary delays and keeps the case moving forward efficiently.

What happens if someone dies without a will in Texas?

If a person dies without a will — known as dying “intestate” — Texas intestacy laws determine who inherits the estate. This can lead to outcomes the deceased never intended, including assets going to estranged relatives or a surviving spouse receiving less than expected. A San Antonio wills attorney can help you avoid this outcome by getting a proper will in place now.

San Antonio criminal defense, estate planning, and personal injury attorney serving Bexar County and South Texas. Attorney Genaro R. Cortez defends DWI, drug, and federal charges, drafts wills and estate planning documents, and represents injury victims. Over 20 years of experience. Free consultations: (210) 733-7575.

730 West Hildebrand Avenue Suite 2 San Antonio, Texas 78212
Monday, Tuesday, Wednesday, Thursday, Friday9:00 am – 5:00 pm
210-733-7575
541110
Law Office of Genaro R. Cortez, PLLC
2004
1-3

Practice Areas
  • Possession of Controlled Substances.
  • Smuggling of Persons in Texas.
  • DWI and DUI Defense.
  • First-Time Alien Smuggling Charges.
  • Mail and Wire Fraud.
  • Auto Accident Lawyer.
  • Personal Injury Cases.
Bar Admissions

Practice Areas

Criminal and Injury Attorney in San Antonio.

San Antonio DWI defense lawyer featured image showing the downtown skyline at dusk with the Tower of the Americas, police lights flashing during a traffic stop, and a legal file folder labeled TX DWI CASE in the foreground.

San Antonio DWI Defense Attorney — Protecting Your Future in Bexar County

San Antonio DWI Defense Attorney

Your Freedom Depends on Who You Call First.

A DWI charge in Bexar County can cost you your license, your job, and years of your life. Attorney Genaro R. Cortez fights to protect your rights — from the traffic stop to the courtroom.

Bexar Co.
Local Courtroom Experience
24/7
Available for Emergencies
Free
Initial Consultation
⚠️
Act Within 15 Days of Your Arrest After a DWI arrest in Texas, you have only 15 days to request an ALR hearing to fight your license suspension. Missing this deadline means automatic suspension — call now.
Call Now

A DWI Conviction in Texas
Changes Everything

Texas has some of the harshest DWI penalties in the country. Before you assume the breath test means you’re guilty, understand what’s actually at risk — and why the right attorney makes all the difference.

01

Criminal Record & Conviction

Even a first-time DWI can result in a permanent criminal record that shows up on background checks, affecting employment, housing, professional licenses, and more for the rest of your life.

02

License Suspension

Texas can suspend your driver’s license for up to two years. If your job depends on driving, this alone can cost you your livelihood. We fight suspension at the ALR hearing — but only if you act within 15 days.

03

Fines & Surcharges

Fines, court costs, and Texas DPS surcharges can stack up to $10,000 or more. You may also face mandatory ignition interlock device installation and alcohol education programs.

04

Jail Time

A first-offense DWI carries up to 180 days in jail. Aggravating factors — a BAC over .15, a child passenger, or an accident — dramatically increase exposure to incarceration and felony charges.

Every Type of DWI & Intoxication Offense

  • 🚔

    First-Time DWI (Class B Misdemeanor)

    Facing your first DWI doesn’t mean a conviction is inevitable. We challenge every step from the traffic stop to the breath test results.

  • 🩸

    DWI with BAC .08 or Higher (Blood & Breath)

    Field sobriety tests and breathalyzers can be inaccurate. Blood draw results can be challenged based on collection, storage, and lab procedures.

  • ⬆️

    DWI with BAC of .15 or Higher

    A BAC of .15+ escalates a first DWI to a Class A misdemeanor with increased fines and jail exposure. We fight to reduce charges and protect your future.

  • 🚗

    DUI (Driving Under the Influence) — Minors

    Texas applies a zero-tolerance policy for drivers under 21. Even any detectable alcohol can result in DUI charges. Early defense is critical for young drivers.

  • 🔁

    Second & Third DWI Offenses

    Repeat DWI charges escalate to Class A misdemeanors and felonies with mandatory jail minimums. Aggressive defense is essential to avoid the harshest outcomes.

  • 🧒

    DWI with a Child Passenger

    Having a passenger under 15 in the vehicle elevates a DWI to a state jail felony, carrying serious consequences including potential loss of parental rights.

  • 🚑

    Intoxication Assault & Intoxication Manslaughter

    These are felony offenses with mandatory prison time. If you or a loved one face these charges, retaining experienced counsel immediately is critical.

  • 📋

    ALR Hearings & Occupational Driver’s License

    We represent clients at Administrative License Revocation hearings and help obtain an occupational (essential needs) license so you can keep driving to work.

  • 🔄

    DWI Deferred Adjudication

    In limited circumstances, deferred adjudication may be available. We evaluate whether this is the right strategy for your specific situation and goals.

Don’t Wait. Get Help Today.

The first 72 hours after a DWI arrest are critical. Evidence is still fresh, and you have just 15 days to protect your driver’s license. Attorney Cortez is ready to help.

📍 730 W. Hildebrand Ave, San Antonio, TX
🕐 Mon–Fri: 8:30 AM – 5:00 PM
Request Free Consultation

Confidential · No obligation · Available 24/7 for emergencies

Texas DWI Penalties at a Glance

Understanding what you’re up against is the first step to fighting back. These are the statutory penalties — a skilled attorney may be able to reduce or avoid them entirely.

Offense Classification Jail / Prison Fine (Max) License Suspension
1st DWI (BAC < .15) Class B Misd. 72 hrs – 180 days $2,000 90 days – 1 year
1st DWI (BAC .15+) Class A Misd. Up to 1 year $4,000 90 days – 1 year
2nd DWI Class A Misd. 30 days – 1 year $4,000 180 days – 2 years
3rd DWI 3rd Degree Felony 2 – 10 years $10,000 180 days – 2 years
DWI w/ Child Passenger State Jail Felony 180 days – 2 years $10,000 180 days – 2 years
Intoxication Assault 3rd Degree Felony 2 – 10 years $10,000 90 days – 1 year
Intoxication Manslaughter 2nd Degree Felony 2 – 20 years $10,000 180 days – 2 years
Serving Bexar County San Antonio, TX
Genaro R. Cortez
San Antonio Criminal Defense Attorney

When your future is on the line, you need an attorney who knows the Bexar County courts, understands the science behind DWI prosecutions, and will fight relentlessly on your behalf. Attorney Genaro R. Cortez has dedicated his practice to defending San Antonians facing serious criminal charges — and he knows how to challenge the state’s case at every turn.

From questioning the legality of a traffic stop, to challenging field sobriety test procedures, to scrutinizing the maintenance records of breathalyzer equipment and the integrity of blood draw evidence — no stone is left unturned. When prosecutors have the resources of the state, you deserve an attorney who matches their intensity.

Licensed in Texas State Courts
Bexar County DWI Defense Experience
Administrative License Revocation (ALR) Hearings
DWI Blood Draw & Breath Test Challenges
Free Consultation — Confidential & No Obligation

Your Defense, Step by Step

01
Free Consultation

We review your arrest, the evidence, and your options — at no cost and with complete confidentiality. You’ll leave with a clear picture of where you stand.

02
Evidence Review

We obtain dashcam footage, body cam video, breathalyzer calibration records, blood lab reports, and police reports — looking for every possible challenge.

03
Defense Strategy

Every case is different. We build a strategy tailored to your facts — whether that means motions to suppress, negotiating with prosecutors, or taking your case to trial.

04
Fight for You

From the ALR hearing to protect your license, to pre-trial hearings, to trial — we stand beside you at every step and fight for the best possible outcome.

DWI Defense FAQ

Can I beat a DWI if I failed a breath test? +

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.

What happens if I refused a breath or blood test? +

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.

What is an ALR hearing and why does it matter? +

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.

Can I get a DWI expunged from my record in Texas? +

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.

Will I lose my job if convicted of DWI? +

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.

What is DWI deferred adjudication in Texas? +

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.

Can I drive while my DWI case is pending? +

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.

How much does a DWI attorney cost in San Antonio? +

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.

Don’t Face Bexar County’s
DWI System Alone.

Every day you wait is a day the prosecution gains advantage. Call now for a free, confidential consultation with Attorney Genaro R. Cortez.

Free consultation  ·  Confidential  ·  No obligation
San Antonio Drug Defense Attorney Genaro R. Cortez. Poss. CS PG 1-4.

Federal Criminal Lawyer San Antonio.

  • Help with federal drug charges;
  • Federal drug conspiracy defense;
  • Federal methamphetamine drug crimes;
  • Help clients qualify for Safety-Valve Protection and 5K1.1 Substantial-Assistance Relief; and
  • Handle simple drug possession crimes.

San Antonio firearms defense attorney featured image showing a gavel, handcuffs, and the US Constitution on a desk with the Tower of the Americas and San Antonio skyline in the background at sunset.

San Antonio State & Federal Firearms Defense Attorney

San Antonio Firearms Defense Attorney

Facing a Gun Charge?
Federal or State,
Your Defense Starts Now.

State and federal firearms charges carry some of the most severe mandatory sentences in the criminal justice system. Attorney Genaro R. Cortez defends clients in San Antonio and across South Texas — in both state and federal court.

State & Federal
Court Experience
24/7
Available for Emergencies
Free
Initial Consultation
⚠️
Federal Firearms Charges Move Fast Federal prosecutors build their cases quickly and aggressively. The earlier you retain experienced defense counsel, the better your chances of a favorable outcome. Don’t wait.
Call Now

Firearms Charges Are Among the
Most Seriously Prosecuted Offenses

Whether you’re facing a state charge in Bexar County or a federal indictment in the Western District of Texas, firearms offenses carry mandatory minimum sentences, permanent loss of gun rights, and life-altering consequences. You need an attorney who understands both systems.

01

Mandatory Minimum Sentences

Federal firearms convictions — especially under 18 U.S.C. § 924(c) — carry mandatory minimum prison terms that judges cannot reduce. A conviction means years in federal prison with no possibility of early release through good behavior alone.

02

Permanent Loss of Gun Rights

A felony firearms conviction permanently strips your Second Amendment rights under both state and federal law. Restoring those rights is extremely difficult — and in many cases impossible. The stakes go far beyond the immediate sentence.

03

Federal vs. State Prosecution

Federal prosecutors have more resources, longer statutes of limitations, and higher conviction rates than state prosecutors. If you’re being charged federally, you need an attorney with specific federal court experience — not just a general criminal defense lawyer.

04

Collateral Consequences

Beyond prison time, a firearms conviction affects immigration status, employment, professional licenses, housing, and your ability to own a firearm ever again. The ripple effects of a conviction can last a lifetime.

State & Federal Firearms Charges We Handle

  • 🔫

    Federal Felon in Possession — 18 U.S.C. § 922(g)(1)

    It is a federal felony for anyone previously convicted of a felony to possess a firearm or ammunition. Penalties include up to 10 years in federal prison — and more under enhanced sentencing provisions. We scrutinize the underlying conviction, the search and seizure, and every element of the government’s case.

  • ⚖️

    18 U.S.C. § 924(c) — Using a Firearm During a Crime

    This statute carries brutal mandatory minimums — a minimum of 5 years consecutive to any other sentence, up to life in some cases. These charges are frequently stacked, meaning sentences run back-to-back. Early, aggressive defense is critical.

  • 📋

    Texas Felon in Possession — Tex. Pen. Code § 46.04(a)

    Under Texas law, a felon found in possession of a firearm within five years of release commits a third-degree felony. After five years, the offense is reduced but still serious. We challenge the stop, search, and possession elements of every case.

  • 🔄

    Straw Purchase Gun Crimes

    A straw purchase occurs when someone legally eligible to buy a firearm purchases it on behalf of someone who is not. This is a federal felony under 18 U.S.C. § 922(a)(6). Federal prosecutors pursue these cases aggressively, particularly in border regions like South Texas.

  • 🚛

    Gun Smuggling & Trafficking

    Firearms trafficking charges — moving guns across state or international lines — are federal felonies that carry lengthy prison terms. South Texas border proximity makes these charges especially common in our region, and they are aggressively prosecuted by federal authorities.

  • 🔒

    Other Federal Gun Charges

    Including unlicensed dealing in firearms, possession of an unregistered NFA weapon (suppressor, short-barreled rifle, machine gun), false statements on ATF Form 4473, and possession of a firearm with obliterated serial number.

  • 🏠

    State Unlawful Carrying of a Weapon (UCW)

    Texas law governs where and how firearms may be carried. UCW charges arise from unlicensed carry, carry in prohibited places, or carry while intoxicated. These can be misdemeanors or felonies depending on circumstances.

  • 🚫

    Prohibited Persons & Domestic Violence Firearms Charges

    Federal law prohibits firearm possession by those subject to domestic violence protective orders or convicted of qualifying misdemeanor domestic violence offenses. These are often overlooked but aggressively prosecuted.

Charged With a Firearms Offense? Call Today.

Federal and state prosecutors move quickly. The sooner Attorney Cortez can review your case, the more options you have. Contact us now for a free, confidential consultation.

📍 730 W. Hildebrand Ave, San Antonio, TX
🕐 Mon–Fri: 8:30 AM – 5:00 PM
Request Free Consultation

Confidential · No obligation · Available 24/7 for emergencies

Firearms Offense Penalties at a Glance

Federal and state firearms penalties are among the harshest in the criminal justice system — many carry mandatory minimums a judge cannot reduce. Understanding your exposure is the first step to building a defense.

Offense Classification Prison / Jail Fine (Max) Notes
Federal Felon in Possession § 922(g) Federal Felony Up to 15 years $250,000 Enhanced under ACCA: 15 yr mandatory minimum
§ 924(c) — Gun During Drug Crime Federal Felony 5 yrs mandatory minimum (consecutive) $250,000 Stacks on top of underlying sentence
§ 924(c) — Brandished Firearm Federal Felony 7 yrs mandatory minimum $250,000 Consecutive; cannot run concurrently
§ 924(c) — Firearm Discharged Federal Felony 10 yrs mandatory minimum $250,000 Consecutive; cannot run concurrently
Straw Purchase § 922(a)(6) Federal Felony Up to 10 years $250,000 Per transaction; charges often stacked
TX Felon in Possession § 46.04(a) 3rd Degree Felony 2 – 10 years $10,000 Within 5 yrs of release; SJF after 5 yrs
TX Unlawful Carrying (UCW) Class A Misd. – Felony Up to 1 yr / 2–10 yrs $4,000–$10,000 Depends on location and circumstances

Your Defense, Step by Step

01
Free Case Review

We review the charges, the evidence, and the circumstances of your arrest — at no cost. You’ll understand exactly where you stand and what options are available.

02
Challenge the Evidence

We examine the legality of the search and seizure, the chain of custody, prior conviction records used against you, and every constitutional issue in the government’s case.

03
Build Your Strategy

Whether filing motions to suppress, negotiating with federal prosecutors, or preparing for trial — we build a defense strategy tailored specifically to your facts and goals.

04
Fight for You

In state or federal court, at every hearing and every stage — we stand beside you and fight for the best possible outcome, whether that’s dismissal, reduction, or acquittal.

State & Federal Courts San Antonio, TX
Genaro R. Cortez
San Antonio Criminal Defense Attorney

Firearms charges — especially federal ones — demand an attorney who understands the difference between state and federal court, the nuances of ATF investigations, and the mandatory sentencing schemes that can send people to prison for decades. Attorney Genaro R. Cortez has built his practice defending clients in San Antonio and throughout South Texas against some of the most serious charges the government brings.

From challenging the legality of a traffic stop where a weapon was found, to scrutinizing whether a prior conviction truly qualifies as a predicate offense under federal law, to cross-examining ATF agents — no detail goes unexamined. When the federal government has vast resources arrayed against you, you deserve a defense attorney who matches their intensity.

Licensed in Texas State and Federal Courts
Western District of Texas Federal Defense
State & Federal Firearms Charge Experience
Fourth Amendment Search & Seizure Challenges
Free Consultation — Confidential & No Obligation

Firearms Defense FAQ

What’s the difference between a state and federal gun charge? +

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.

Can a felon ever legally possess a firearm in Texas? +

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.

What is a “straw purchase” and why is it a crime? +

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.

What does § 924(c) mean for my sentence? +

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.

Can the gun charge be dismissed if the search was illegal? +

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.

What is the Armed Career Criminal Act (ACCA)? +

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.

Will a gun conviction affect my immigration status? +

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.

How soon should I hire an attorney after a gun arrest? +

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.

Don’t Face Federal Prosecutors
Without a Fighter in Your Corner.

Firearms charges move fast and the penalties are severe. Call Attorney Genaro R. Cortez now for a free, confidential consultation — available 24/7 for emergencies.

Free consultation  ·  Confidential  ·  No obligation

Testimonials

D. M.

Knowledgeable and reasonable.

V. H.

Attorney Cortez was caring, professional, affordable, well informed, and quick to respond to any of my questions by email and phone. He was well prepared and solved my case in a timely manner.

A. L.

Genaro, worked on a serious case for me involving assault with bodily injury. He was very professional and easy to work with. He was extremely prepared and the case was dismissed! It was easy to see he handled everything like a true professional both inside and outside the court room and his pricing was very reasonable! I’ll definitely use him again, but hopefully will not have to.

J. G.

Genaro worked on my case with professionalism, compassion, and clear intent; I always knew where I stood. My final disposition got the most onerous charge dropped and deferred adjudication for the remaining charge, but without a lot of the restrictions that normally come with a plea deal of this kind. Though I could have successfully gone to trial, Genaro gave me clear alternatives that got rid of my legal issues without any pain and harm to me professionally and reputationally.

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San Antonio Expunction Attorney | Clear Your Bexar County Record

Need to clear your Bexar County criminal record? San Antonio expunction attorney Genaro R. Cortez explains how to erase or seal arrest records, the qualifications for Texas expunctions, and how a clean record can improve your job prospects. Learn if your dismissed case qualifies today.

Read More