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 Wills and Probate Packages from $300 by Attorney Genaro Cortez

San Antonio Wills and Probate

San Antonio Wills & Probate
San Antonio Wills Preparation

Protecting Your Family’s Future Starts with a Plan.

Simple, effective, and legally sound wills drafted by a San Antonio attorney with over 20 years of legal experience.

Individual Wills Starting at $300  ·  Texas Estates Code Compliant
Why It Matters

What Happens Without a Will in Texas?

Without a Will

Dying intestate in Texas means the state decides who receives your home, your savings, and your car. It often leads to expensive, multi-year proceedings in Bexar County probate court — and a judge who doesn’t know your family makes decisions that affect them for life.

With a Properly Drafted Will

A Texas-compliant will that requests Independent Administration allows your executor to settle your estate with minimal court supervision — saving your family months of waiting and thousands in legal fees. This is the “secret sauce” of Texas estate law.

TX

We help families in Beacon Hill, Midtown, and Near North Central San Antonio avoid the stress of Bexar County probate court through proactive planning. A single consultation now protects everyone you love — for decades to come. We also address digital assets: social media accounts, cryptocurrency, and digital photo libraries your family will want to preserve.

The Basic Will Package

Everything You Need — Nothing You Don’t

Ideal for straightforward estates without complex tax or trust needs. Every document drafted personally by your attorney.

1

Last Will & Testament

Names your executor, designates your beneficiaries, and requests Independent Administration so your estate moves swiftly through Texas probate.

2

Guardianship Designation

Critical for parents with minor children. You choose who raises your children — not a judge who has never met your family.

3

Self-Proving Affidavit

A crucial Texas document that prevents your witnesses from ever having to appear in court after you pass. Saves time, saves money, prevents disputes.

4

Directive to Physicians

Your legally binding instructions for end-of-life medical care, ensuring your wishes are honored and removing that burden from your loved ones.

5

Medical & Statutory Power of Attorney

Appoints a trusted person to manage your affairs if you become incapacitated — giving your family clear authority to act on your behalf.

6

Digital Asset Planning

Guidance on protecting and transferring social media accounts, cryptocurrency holdings, and digital photo libraries — a modern necessity often overlooked.

Our Simple Process

From Consultation to Signed Documents

1

Strategy Session

A focused call or meeting to understand your family, your assets, and your goals. No jargon, no pressure.

2

Draft & Review

Your documents are personally drafted and sent to you for a thorough review before anything is final.

3

Formal Signing

We meet to sign and notarize per Texas law requirements — two witnesses over age 14, everything properly executed.

Service Area

Proudly Serving San Antonio & Bexar County

We meet clients in person or virtually throughout San Antonio. Neighborhoods we regularly serve include:

Beacon Hill Midtown Near North Central Alamo Heights Stone Oak Helotes Leon Valley Bexar County Greater San Antonio Metro
Frequently Asked Questions

Questions Your Neighbors Are Asking

Do I really need a lawyer for a will in San Antonio?
While “DIY” online wills are widely available, they frequently fail Texas’ strict signing and execution requirements. A small mistake now can cost your family thousands in contested probate fees at Bexar County court — far more than the cost of getting it right today.
What is “Independent Administration” and why does it matter?
Independent Administration is a unique Texas feature that allows your executor to settle your estate with very little court supervision when specifically requested in your will. It saves your family months of time and can significantly reduce legal costs — it’s one of the most important reasons to work with a Texas-licensed attorney.
I have young children. Is a will enough to protect them?
Your will is the legal document where you name who will raise your children if something happens to you. Without it, a judge who doesn’t know your family will make that decision. We ensure your guardianship wishes are clearly documented and legally enforceable.
Is a handwritten (holographic) will legal in Texas?
Yes, but they are strongly discouraged. Handwritten wills are frequently contested, often lead to “Dependent Administration” and commonly fail to address the documents — like a Medical Power of Attorney — that protect you while you’re still living.
What does the Texas Estates Code require for a valid will?
Under the Texas Estates Code, a formal typewritten will must be signed by the testator and witnessed by two credible individuals over age 14 who are present at the same time. We also prepare a Self-Proving Affidavit — which most DIY services omit — eliminating the need for witnesses to testify in court later.
What happens to my social media and cryptocurrency without a plan?
Digital assets are often frozen or permanently lost without proper planning. We provide guidance on documenting and transferring your digital estate — including social media accounts, crypto wallets, and cloud-stored photos — so nothing valuable is left behind.
Get In Touch

Schedule Your Will Consultation

No obligation. No confusing legal jargon. Just a straightforward conversation about protecting your family.

Cortez Defense

Area San Antonio & Bexar County, Texas
Hours Mon – Fri, 9am – 5pm
Evening appointments available
Over 20 years of legal experience serving San Antonio families. Texas State Bar licensed. All documents prepared under the Texas Estates Code.

Contact Our Office

Call or email us directly to discuss will preparation, probate concerns, or updating an existing estate plan.

Call Now (210) 733-7575
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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.

Law books, a gavel, and a digital network representing state and federal drug conspiracy defense in San Antonio.

Federal Drug Lawyer in San Antonio

San Antonio Federal Drug Defense Attorney

Charged With a Federal
Drug Crime in San Antonio?
Fight Back.

Federal drug charges — conspiracy, possession with intent, trafficking — carry mandatory minimum sentences that can take decades of your life. Attorney Genaro R. Cortez has defended federal drug cases in San Antonio and South Texas for over 20 years, including complex cartel cases, multi-defendant conspiracies, and first-time charges.

20+ Yrs
Federal Drug Defense
CJA Panel
2008–2025, W.D. Texas
Free
Initial Consultation
⚠️
Federal Drug Investigations Often Begin Long Before Arrest By the time charges are filed, federal agents may have wiretaps, GPS data, informant testimony, and months of surveillance. Retaining experienced federal defense counsel immediately — even before charges are filed — gives you the most options.
Call Now

Why San Antonio Is a Federal Drug
Prosecution Hotspot

San Antonio sits at the intersection of I-35, I-10, and Hwy 90 — the primary drug corridors connecting Mexico’s border towns of Del Rio, Eagle Pass, and Laredo to the rest of the United States. Federal prosecutors in the Western District of Texas handle more drug cases than almost any other district in the country. The consequences are severe and the prosecutors are experienced. You need an attorney who knows these courts just as well.

01

Mandatory Minimum Sentences

Federal drug laws require judges to impose minimum prison terms based on drug type and quantity — regardless of your background or role in the offense. A first-time offender convicted on the wrong drug quantity can face 5, 10, or even 20 years in federal prison with no discretion for the judge to go lower.

02

You Serve 87% — No Early Parole

Unlike state prison, federal inmates serve at least 85-87% of their sentence. There is no parole in the federal system. A 10-year sentence means at least 8.5 years actually served. This makes fighting the charge — and the drug quantity — critically important from day one.

03

Conspiracy Charges Cast a Wide Net

Under 21 U.S.C. § 846, you can be charged with conspiracy even if no drugs were found on you, even if you only played a minor role, and even if the drug deal never happened. The entire weight of drugs sold by everyone in the conspiracy can be attributed to you — dramatically increasing your sentencing exposure.

04

Asset Forfeiture

The government can seize cash, vehicles, real estate, and bank accounts connected to alleged drug activity — sometimes before you’re even charged. Acting quickly to protect your assets and retain counsel before forfeiture proceedings begin is essential.

Federal Drug Charges We Handle in San Antonio

📖 For a detailed breakdown of how federal drug conspiracy and possession charges work — including key defenses and legal concepts — read Attorney Cortez’s in-depth guide: San Antonio Federal Drug Attorney: Guide to Conspiracy & Possession.

  • 🤝

    Drug Conspiracy — 21 U.S.C. § 846

    Conspiracy is the most commonly charged federal drug offense. The government must prove you knowingly joined an agreement to violate federal drug laws — no drugs need to be found on you. Penalties mirror the underlying drug offense, including mandatory minimums. We challenge the agreement element, knowledge, and your role in the alleged conspiracy.

  • 💊

    Possession With Intent to Distribute — 21 U.S.C. § 841

    The government must prove you knowingly possessed a controlled substance AND had intent to distribute it. Drug quantity triggers mandatory minimums: 500g cocaine or 5g meth triggers 5 years; 5kg cocaine or 50g meth triggers 10 years. We attack knowledge, control, and the government’s drug quantity calculations.

  • 🚛

    Drug Trafficking & Importation

    Bringing controlled substances across the U.S.-Mexico border or transporting them interstate triggers federal jurisdiction and enhanced penalties. San Antonio’s position on major drug corridors makes trafficking charges especially common here. We examine the legality of every stop, search, and seizure.

  • 💎

    Methamphetamine Charges

    Meth is the #1 federal drug charge in San Antonio and the Western District of Texas — accounting for nearly half of all federal drug cases. Penalties are especially harsh, tied to both quantity and purity (meth-actual vs. meth-mixture). Safety valve relief and substantial assistance are the primary options for reducing sentences.

  • 🌿

    Cocaine, Heroin & Fentanyl Charges

    Powder and crack cocaine, heroin, and fentanyl all carry serious federal mandatory minimums. Fentanyl charges are increasingly common in San Antonio and carry some of the harshest penalties in the federal sentencing guidelines due to its potency and lethality.

  • 🏢

    Continuing Criminal Enterprise — 21 U.S.C. § 848

    The “kingpin” statute applies to those who organize, manage, or supervise five or more persons in a continuing series of drug violations. CCE carries a mandatory minimum of 20 years and up to life in prison. We scrutinize whether the government can prove each required element — leadership, five persons, and a series of violations.

  • 💰

    Drug-Related Money Laundering

    Federal drug charges are frequently paired with money laundering charges under 18 U.S.C. § 1956, dramatically increasing sentencing exposure. We defend both the underlying drug charge and the money laundering allegation simultaneously, looking for weaknesses in how the government traces the alleged drug proceeds.

  • 🔫

    Drug + Firearms — 18 U.S.C. § 924(c)

    Using or carrying a firearm during a drug trafficking offense triggers mandatory consecutive sentences — 5 years minimum for possession, 7 years for brandishing, 10 years if discharged. These sentences run on top of any drug sentence and cannot be suspended. Early defense is critical.

Facing Federal Drug Charges? Call Today.

Federal prosecutors move fast and have extensive resources. The sooner Attorney Cortez is involved, the more options you have — including potentially resolving the case before indictment.

📍 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

Federal Drug Mandatory Minimums at a Glance

Federal drug penalties are driven by drug type and quantity. These mandatory minimums are floors — judges cannot go below them without specific exceptions like safety valve relief or substantial assistance. Verify current ranges with your attorney as statutes are subject to change.

Drug & Quantity First Offense Second Offense Notes
Meth: 5g+ pure / 50g+ mixture 5 yr minimum 10 yr minimum Max 40 years
Meth: 50g+ pure / 500g+ mixture 10 yr minimum 20 yr minimum Max life
Cocaine: 500g+ 5 yr minimum 10 yr minimum Max 40 years
Cocaine: 5kg+ 10 yr minimum 20 yr minimum Max life
Heroin: 100g+ 5 yr minimum 10 yr minimum Max 40 years
Heroin: 1kg+ 10 yr minimum 20 yr minimum Max life
Fentanyl: 40g+ 5 yr minimum 10 yr minimum Max 40 years
§ 924(c) — Firearm during drug crime 5 yr mandatory consecutive 25 yr mandatory consecutive Cannot run concurrently
CCE § 848 — Drug kingpin 20 yr mandatory minimum Life mandatory Up to life / death penalty possible

Key Defense Strategies in Federal Drug Cases

Every federal drug case has weaknesses. The government must prove every element beyond a reasonable doubt — and experienced defense counsel finds where that burden is not met.

🚫 No Knowledge or Intent

The most common and powerful defense. The government must prove you knowingly possessed drugs or knowingly joined a conspiracy. Someone present at a scene, or unaware of hidden drugs in a vehicle, may not have the required criminal knowledge or intent.

🧍 Mere Presence

Being at a location where drugs are found — a house, car, or warehouse — does not automatically make you guilty. Juries are instructed that mere presence is not sufficient for conviction. We use this defense aggressively in multi-defendant cases.

🛒 Buyer-Seller Exception

A single drug transaction between a buyer and seller does not automatically create a conspiracy. The Fifth Circuit recognizes this exception to protect street-level users from conspiracy penalties intended for large-scale dealers.

📵 Motion to Suppress

If police stopped your vehicle without reasonable suspicion, searched your phone without a warrant, or questioned you without Miranda warnings, we can file motions to suppress that evidence — often the backbone of the government’s entire case.

🌡️ Safety Valve Relief

First-time, non-violent offenders who meet specific criteria can qualify for safety valve relief, allowing a judge to sentence below the mandatory minimum. This is one of the most valuable options available in federal drug cases and requires careful preparation.

🤝 Substantial Assistance — 5K1.1

Cooperating with the government can result in a motion for a significant sentence reduction below the mandatory minimum. This is a complex strategic decision requiring experienced counsel to navigate without creating additional legal exposure.

⚖️ Drug Quantity Challenges

The drug quantity attributed to you drives your mandatory minimum. We challenge the government’s quantity calculations at sentencing — disputing drug lab analysis, attributable amounts, and whether acquitted conduct should be counted.

🚪 Withdrawal from Conspiracy

A conspirator who clearly and explicitly withdraws from the conspiracy and stops participating may limit their criminal liability to the date of withdrawal. This can create a statute of limitations defense if the government filed charges late.

Your Defense, Step by Step

01
Free Case Review

We review the charges, the evidence, your role in the alleged offense, and your criminal history — at no cost. We identify every defense available, including safety valve eligibility, from day one.

02
Challenge the Evidence

We examine every search, seizure, wiretap, informant, and post-arrest statement for constitutional violations. Suppressing key evidence can collapse the government’s case entirely.

03
Build Your Strategy

Whether fighting at trial, negotiating a favorable plea, pursuing safety valve relief, or evaluating cooperation — we build a strategy specifically tailored to your facts, your goals, and your future.

04
Fight for You

From bail hearings to sentencing — we stand beside you at every stage in federal court and fight for the best possible outcome. Over 20 years of Western District of Texas experience behind you.

CJA Panel 2008–2025 W.D. Texas
Genaro R. Cortez
San Antonio Federal Drug Defense Attorney

Federal drug cases in San Antonio require an attorney who has spent years in the Western District of Texas courtrooms — not someone learning the system on your case. Attorney Genaro R. Cortez served on the CJA Panel in San Antonio and Del Rio from 2008 to 2025, defending clients charged with some of the most complex federal drug cases in South Texas — including cartel-connected conspiracies, multi-defendant trafficking cases, and first-time offenses.

From challenging the legality of a traffic stop on I-35, to attacking a confidential informant’s credibility, to fighting drug quantity calculations at sentencing that could mean the difference between 5 and 20 years — every detail gets scrutinized. Federal prosecutors in San Antonio are experienced and well-resourced. You deserve defense counsel who matches them.

20+ Years Federal Drug Defense in San Antonio
CJA Panel Attorney — San Antonio & Del Rio (2008–2025)
Western & Southern Districts of Texas
Conspiracy, Trafficking, Meth, Cocaine & Fentanyl Cases
Safety Valve & 5K1.1 Substantial Assistance Experience
Free Consultation — Confidential & No Obligation

Federal Drug Defense FAQ

Can I be charged with conspiracy if police found no drugs on me? +

Yes. Under 21 U.S.C. § 846, the government only needs to prove that a criminal agreement existed and that you knowingly joined it. Unlike general conspiracy law, federal drug conspiracy does not require an “overt act” — meaning you can be convicted even if no drugs were ever found on you or seized by police. This is what makes conspiracy charges particularly dangerous and why challenging knowledge and intent is so critical.

What is the “safety valve” and do I qualify? +

The safety valve under 18 U.S.C. § 3553(f) allows a judge to sentence below the mandatory minimum for first-time, non-violent drug offenders who meet specific criteria — including having minimal criminal history, not using violence, not being a leader, and fully debriefing the government. Qualifying for safety valve can be the difference between a mandatory 10 years and a sentence of 4-5 years. Attorney Cortez evaluates safety valve eligibility in every case from the start.

What is a 5K1.1 motion and how does it help? +

A 5K1.1 motion is filed by the government when a defendant provides substantial assistance in the prosecution of others. If granted, it allows the judge to sentence below the mandatory minimum — sometimes dramatically so. Cooperation is a complex strategic decision that must be carefully evaluated with experienced counsel. Providing assistance that is later deemed insufficient, or that creates new legal exposure, can make your situation worse rather than better.

How does drug quantity affect my sentence? +

Drug quantity is the single most important factor driving federal drug sentences. It determines whether mandatory minimums apply, and at what level. In a conspiracy case, you can be held responsible for all drugs handled by every co-conspirator — even drugs you never touched. Challenging the quantity attributed to you at sentencing is one of the most impactful things your attorney can do to reduce your actual sentence.

Can my phone be searched without a warrant during a drug arrest? +

No — under Riley v. California, police must obtain a warrant to search your cell phone incident to arrest. However, if you consent to the search, that consent waives your Fourth Amendment protection. Never consent to a phone search. Cell phone data — texts, GPS pin drops, WhatsApp messages — is often the most damaging evidence in federal drug cases and is used to prove knowledge, intent, and participation in a conspiracy.

What is the difference between meth-actual and meth-mixture? +

Federal sentencing distinguishes between “meth-actual” (the pure drug itself) and “meth-mixture” (the total weight including cutting agents). The penalties for meth-actual are triggered at lower weights — 5 grams of pure meth triggers the same 5-year minimum as 50 grams of mixture. Lab analysis of purity is therefore critically important and can be challenged if the government’s testing methodology was flawed.

Can I get bail in a federal drug case in San Antonio? +

Yes, but it is not automatic. In federal court there is no bail bondsman — you must convince a judge at a detention hearing that you are not a flight risk and not a danger to the community. Drug trafficking charges create a presumption in favor of detention that your attorney must overcome. Having experienced counsel at your detention hearing — ideally your first appearance — significantly improves your chances of pretrial release.

What happens if I was just driving the car and didn’t know about the drugs? +

This is one of the most common situations in San Antonio drug cases involving I-35, I-10, and Hwy 90 traffic stops. The government must prove you had both knowledge of the drugs and control over them. When drugs are hidden in secret compartments — false fuel tanks, hidden panels, spare tires — the Fifth Circuit requires additional evidence beyond your mere presence in the vehicle to establish knowing possession. We fight hard for drivers who genuinely did not know about concealed drugs.

Federal Drug Charges in San Antonio
Demand Experienced Defense.

With over 20 years defending federal drug cases in the Western District of Texas, Attorney Genaro R. Cortez knows these courts — and knows how to fight for you. Call now for a free, confidential consultation.

Free consultation  ·  Confidential  ·  No obligation

Testimonials

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.

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.

R. A.

Was very helpful, would respond to any questions i had and at the end got me a really good deal that worked for me. Will definitely refer anyone i know to him.

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Arrested? Call Now — Available 24/7: (210) 733-7575 | Se Habla Español San Antonio DWI Defense Charged with DWI inBexar...

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