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    Free Case Evaluation. Call Today: <a href="tel:2107337575">210-733-7575</a>
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        <div class="gc-kicker">San Antonio Criminal Defense Attorney</div>

        <h1>Fight Your Charges. Protect Your Future.</h1>

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          With 20+ years handling criminal cases in San Antonio and South Texas,
          Attorney Genaro R. Cortez knows how to fight for the best result possible.
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          He will build a defense strategy around the facts of your case and work to make sure
          the criminal justice system treats you fairly.
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          <a class="gc-btn gc-btn-primary" href="tel:2107337575">Call 210-733-7575</a>
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      <h2>Criminal Cases We Handle</h2>

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          <h3>DWI Defense</h3>
          <ul>
            <li>DWI 1st, 2nd, and 3rd</li>
            <li>DWI with a child passenger</li>
            <li>ALR hearings</li>
            <li>Occupational license requests</li>
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          <h3>Motions to Revoke Probation</h3>
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            <li>Bond requests</li>
            <li>Probation violation defense</li>
            <li>Positive UA issues</li>
            <li>Requests to stay on probation</li>
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          <h3>Alien Smuggling Defense</h3>
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            <li>Smuggling of persons in Texas</li>
            <li>Federal alien smuggling charges</li>
            <li>Del Rio, Uvalde, Hondo, and Eagle Pass</li>
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          <h3>Drug Possession</h3>
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            <li>Possession under 1 gram</li>
            <li>Possession 1–4 grams</li>
            <li>Marijuana charges</li>
            <li>Dangerous drug cases</li>
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          <h3>Assault Crimes</h3>
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            <li>Assault family violence</li>
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          <h3>Federal Crimes</h3>
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            <li>Drug trafficking</li>
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        <h2>Need to Hire a Criminal Defense Lawyer?</h2>
        <p>Call today to discuss your case, your options, and your next step.</p>
        <a class="gc-btn gc-btn-primary" href="tel:2107337575">Call 210-733-7575</a>
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        <summary>Do you offer a free case evaluation?</summary>
        <p>Yes. Call 210-733-7575 to discuss your criminal case and available options.</p>
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        <summary>What areas do you serve?</summary>
        <p>We handle criminal cases in San Antonio, Bexar County, South Texas, Del Rio, Uvalde, Hondo, Austin, Waco, and Houston.</p>
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        <summary>Can you help if my probation may be revoked?</summary>
        <p>Yes. We handle Motions to Revoke Probation and can help with bond requests, alleged violations, and requests to remain on probation.</p>
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        <summary>What should I do after an arrest?</summary>
        <p>Do not discuss the facts of your case with anyone except your lawyer. Call a criminal defense attorney as soon as possible.</p>
      </details>
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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.

What should I do if my probation officer filed a Motion to Revoke (MTR) in San Antonio?

An MTR is serious — it asks the judge to end your probation and send you to jail. The first step is to find out if a bond has been set in your case or if you are Remanded Without Bond (R.W.O.B.). From there, your attorney can file a motion to set bond and guide you through the MTR hearing process. Learn more about how to fight a Motion to Revoke Probation in Bexar County.

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.
Education
Professional Memberships
Bar Admissions

Practice Areas

Criminal and Injury Attorney in San Antonio.

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 white-collar crime defense attorney featured image showing a federal inquiry audit document, a leather briefcase, and a gavel with the San Antonio skyline at sunset.

San Antonio White Collar Crime Defense Attorney — Fraud, Embezzlement & More

San Antonio White Collar Crime Defense Attorney

Facing a White Collar
Charge in San Antonio?
Your Reputation Is on the Line.

White collar criminal charges — fraud, embezzlement, counterfeiting — can destroy careers, businesses, and reputations built over a lifetime. Attorney Genaro R. Cortez defends individuals and businesses in San Antonio and Bexar County against state and federal white collar prosecutions.

☎ Call (210) 733-7575 Free Consultation →
State & Federal
Court Experience
24/7
Available for Emergencies
Free
Initial Consultation
⚖
⚠️
White Collar Investigations Often Begin With a Subpoena or Agent Visit — Not an Arrest If federal agents have contacted you, your employer, or your accountant — or if you’ve received a grand jury subpoena — you may already be under investigation. Do not speak to investigators without an attorney present.
Call Now
What’s at stake

White Collar Charges Don’t Just
Threaten Your Freedom — They Threaten Everything

White collar crimes are taken extremely seriously by both state and federal prosecutors. Unlike street crimes, these cases are built slowly and methodically — often over years — before charges are ever filed. By the time you know about an investigation, the government may already have a substantial case against you.

01

Decades in Federal Prison

Federal white collar offenses like mail fraud, wire fraud, and bank fraud each carry up to 20 years per count. When charges are stacked across multiple transactions or victims, the combined sentencing exposure can amount to life in prison without ever committing a violent act.

02

Career & Professional Destruction

A white collar conviction ends careers. Professional licenses — medical, legal, financial, real estate — are revoked. Security clearances are lost. Businesses collapse. The reputational damage from even an accusation can be irreversible without swift, aggressive defense.

03

Restitution & Financial Ruin

Beyond fines, courts routinely order defendants to pay full restitution to every victim. In fraud cases involving multiple victims or large sums, restitution orders can reach millions of dollars — wiping out savings, retirement accounts, and assets accumulated over a lifetime.

04

The Good Faith Defense

Many white collar charges hinge on intent. If you genuinely believed your conduct was legal — even if it turned out not to be — a good faith defense may be available. Attorney Cortez understands how to build and present this defense effectively to juries and judges.

Cases we defend

White Collar Charges We Handle in San Antonio

  • 📬

    Mail Fraud — 18 U.S.C. § 1341

    Any scheme to defraud that uses the U.S. mail — even once — can result in federal mail fraud charges carrying up to 20 years per count. The government casts an extremely wide net with this statute, making it one of the most commonly charged federal offenses. We challenge whether a scheme actually existed and whether use of the mail was knowing and intentional.

  • 📡

    Wire Fraud — 18 U.S.C. § 1343

    Wire fraud covers any scheme using electronic communications — phone calls, emails, text messages, wire transfers. Like mail fraud, each individual transmission can be charged as a separate count. In today’s digital world, almost every business transaction touches wire communications, making this charge extremely broad.

  • 🏦

    Bank Fraud — 18 U.S.C. § 1344

    Bank fraud involves schemes to defraud financial institutions or obtain their funds through false pretenses. This includes mortgage fraud, loan application fraud, and check fraud. Penalties reach up to 30 years in federal prison — among the highest of any white collar offense — reflecting how seriously the government treats financial institution fraud.

  • 🏥

    Health Care Fraud — 18 U.S.C. § 1347

    Health care fraud charges arise from billing Medicare, Medicaid, or private insurers for services not rendered, upcoding procedures, or kickback arrangements. These cases are aggressively prosecuted by the DOJ and HHS-OIG, and often involve parallel civil liability and exclusion from federal health programs — ending medical careers entirely.

  • 💼

    Embezzlement

    Embezzlement involves the fraudulent taking of property entrusted to you — by an employer, client, or organization. It can be charged as a state or federal offense depending on the circumstances and amounts involved. We examine whether the taking was authorized, whether intent can be proven, and whether restitution arrangements can resolve the matter favorably.

  • 💵

    Counterfeiting

    Counterfeiting U.S. currency or securities is a federal offense under 18 U.S.C. § 471, carrying up to 20 years in prison. Counterfeiting charges also extend to goods — fake brand-name products, fraudulent documents, and forged instruments. Each category carries serious federal exposure.

  • 📋

    Insurance Fraud

    Insurance fraud can be prosecuted at the state or federal level depending on whether federally regulated insurers are involved. It includes staging accidents, inflating claims, and submitting false documentation. Texas state insurance fraud charges range from misdemeanors to first-degree felonies based on the amount involved.

  • 📈

    Ponzi Schemes & Investment Fraud

    Ponzi schemes and investment fraud cases involve allegations of misrepresenting investments to obtain money from victims. These cases often involve the SEC, FBI, and multiple victims — and are charged under securities fraud, mail fraud, and wire fraud statutes simultaneously. The combined sentencing exposure can be staggering.

Under Investigation or Already Charged?

White collar cases are won and lost in the investigation stage — long before trial. The sooner Attorney Cortez is involved, the more options you have. Don’t speak to investigators without counsel. Call today.

📞 (210) 733-7575
✉️ Send Us a Message Online
📍 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

Know the stakes

White Collar Crime Penalties at a Glance

White collar penalties are severe — particularly at the federal level where charges are routinely stacked across multiple counts. Each count carries its own maximum sentence. Verify current penalty ranges with your attorney as statutes are subject to change.

Offense Classification Prison (Max per Count) Fine (Max) Notes
Mail Fraud § 1341 Federal Felony 20 years $250,000 Each mailing is a separate count
Wire Fraud § 1343 Federal Felony 20 years $250,000 Each transmission is a separate count
Bank Fraud § 1344 Federal Felony 30 years $1,000,000 Highest max sentence of common fraud offenses
Health Care Fraud § 1347 Federal Felony 10 years (up to life if death results) $250,000 Plus exclusion from federal health programs
Counterfeiting § 471 Federal Felony 20 years $250,000 Includes currency and securities
TX Theft / Embezzlement (under $30K) State Jail – 3rd Degree 180 days – 10 years $10,000 Penalty based on amount involved
TX Theft / Embezzlement ($30K–$150K) 3rd Degree Felony 2 – 10 years $10,000 Texas Penal Code § 31.03
TX Theft / Embezzlement (over $300K) 1st Degree Felony 5 – 99 years or life $10,000 Plus restitution to all victims
How we work

Your Defense, Step by Step

01
Free Case Review

We review the charges or investigation — at no cost. If you haven’t been charged yet but believe you’re under investigation, early intervention can sometimes prevent charges from being filed at all.

02
Analyze the Evidence

We examine financial records, subpoenas, search warrants, witness statements, and every document the government intends to use — identifying weaknesses, legal errors, and constitutional violations.

03
Build Your Defense

From good faith defenses to challenging intent, disputing the government’s financial analysis, or attacking cooperating witness credibility — we build a strategy tailored to your specific facts and goals.

04
Fight for You

Whether negotiating with federal prosecutors for reduced charges, filing motions to dismiss, or taking your case before a jury — we stand beside you at every stage and fight for the best possible outcome.

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

White collar prosecutions are unlike any other criminal case. They involve mountains of financial documents, expert witnesses, cooperating insiders, and the combined investigative resources of the FBI, IRS Criminal Investigation, Secret Service, and other federal agencies. Attorney Genaro R. Cortez knows how these cases are assembled — and where they can be taken apart.

From challenging whether criminal intent truly existed, to attacking the government’s financial expert analysis, to exposing the motivations of cooperating witnesses — every angle of the prosecution’s case is scrutinized. When your freedom, career, and reputation are on the line, you deserve a defense attorney who understands both the law and the high stakes involved.

Licensed in Texas State and Federal Courts
Western District of Texas Federal Defense
Fraud, Embezzlement & Financial Crime Defense
Good Faith & Lack of Intent Defense Strategy
Free Consultation — Confidential & No Obligation
Common questions

White Collar Defense FAQ

What is a “good faith” defense in a white collar case? +

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.

Can I be charged with fraud even if no one lost money? +

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.

What should I do if federal agents contact me? +

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.

What is a grand jury subpoena and what should I do? +

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.

What is the difference between civil and criminal fraud charges? +

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.

How long do white collar investigations typically last? +

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.

Can a white collar conviction be expunged in Texas? +

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.

Will a white collar conviction affect my professional license? +

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.

Take action today

Your Career and Freedom
Are Worth Fighting For.

White collar charges can end careers and destroy everything you’ve built. Attorney Genaro R. Cortez is ready to defend you — in state or federal court. Call now for a free, confidential consultation.

☎ Call (210) 733-7575 Send a Message →
✓ Free consultation  ·  ✓ Confidential  ·  ✓ No obligation
Criminal-Immigration defense lawyer gavel and law book representing legal pathways.

San Antonio Federal Immigration Defense Attorney — Illegal Reentry, False Statements & More

San Antonio Federal Immigration Defense Attorney

Charged With a Federal
Immigration Crime
in South Texas?

From illegal reentry to lying to federal agents, immigration-related criminal charges carry serious federal prison time and permanent immigration consequences. Attorney Genaro R. Cortez defends clients across San Antonio, Del Rio, and South Texas in federal and state court.

☎ Call (210) 733-7575 Free Consultation →
200+
Federal Cases Defended
20+ Yrs
Federal Court Experience
Free
Initial Consultation
⚠️
Federal Immigration Charges Move Fast — Don’t Wait Federal agents and prosecutors build strong cases quickly. Statements you make after arrest can be used against you. Retain experienced defense counsel immediately and do not speak to investigators without an attorney present.
Call Now
What’s at stake

Federal Immigration Crimes Carry Consequences Far Beyond Deportation

Many people don’t realize that immigration-related criminal charges are separate from — and far more serious than — civil immigration proceedings. A federal criminal conviction means prison time, permanent criminal record, and bars to ever returning to or remaining in the United States.

01

Federal Prison Time

Immigration crimes prosecuted in federal court carry mandatory sentencing guidelines. Even a first offense can result in months or years in federal prison — on top of any immigration consequences — and federal sentences are served at 87% with no early parole.

02

Permanent Immigration Bars

A federal criminal conviction for immigration offenses can permanently bar someone from obtaining legal status, re-entering the United States, or naturalizing as a citizen. The criminal case and the immigration case must both be defended strategically.

03

Your Statements Will Be Used Against You

Federal agents are trained to gather admissions during arrests and interviews. Statements made without an attorney present — even seemingly innocent ones — become key evidence. The right to remain silent and demand counsel is critical from the first moment of contact.

04

South Texas Federal Courts Are Aggressive

The Western and Southern Districts of Texas handle more federal immigration criminal cases than almost any other district in the country. Local federal prosecutors and judges handle these cases routinely — you need an attorney who knows these courts just as well.

Cases we defend

Federal Immigration Charges We Handle in San Antonio

  • 🔄

    Illegal Reentry After Deportation — 8 U.S.C. § 1326

    It is a federal felony to reenter or be found in the United States after having been deported, removed, or denied admission. A first offense carries up to 2 years in federal prison — but if the prior removal followed a felony or aggravated felony conviction, the penalty rises to 10 or 20 years. We challenge the underlying removal order, the sufficiency of the prior deportation, and the government’s evidence of alienage and knowing reentry.

  • 🛑

    Alien Smuggling — 8 U.S.C. § 1324

    Transporting, harboring, or encouraging undocumented immigrants to enter or remain in the U.S. is a federal felony. Penalties range from 5 to 20 years depending on financial gain, injury, or death. Attorney Cortez has defended over 200 federal alien smuggling cases in the Western and Southern Districts of Texas.

  • 🗣️

    Lying to Federal Agents — 18 U.S.C. § 1001

    Making any false statement to a federal agent — including ICE officers, Border Patrol, FBI, or HSI — is a federal felony carrying up to 5 years in prison. This charge catches many people off guard: you do not have to be under oath for your statement to be prosecutable. The safest approach is always to remain silent and request an attorney immediately.

  • 👊

    Assaulting a Federal Agent — 18 U.S.C. § 111

    Any forcible interference with a federal officer — including Border Patrol, ICE, or HSI agents — during their official duties is a federal felony. Simple assault carries up to 8 years; assault with a deadly weapon or causing bodily injury carries up to 20 years. These charges frequently arise in alien smuggling and immigration enforcement contexts in South Texas.

  • 🔫

    Undocumented Alien in Possession of a Firearm — 18 U.S.C. § 922(g)(5)

    Federal law prohibits any person who is illegally or unlawfully in the United States from possessing a firearm or ammunition. This charge carries up to 15 years in federal prison and is often paired with drug or alien smuggling charges. We challenge the search and seizure, the government’s proof of immigration status, and the knowing possession element.

  • 📋

    Document Fraud & Identity Theft

    Using, possessing, or obtaining fraudulent immigration documents — including false Social Security numbers, fraudulent visas, or counterfeit green cards — is a federal crime. Aggravated identity theft adds a mandatory 2-year consecutive sentence on top of any other prison time, making early and aggressive defense critical.

  • 🏠

    Harboring Undocumented Immigrants

    Knowingly concealing, harboring, or shielding undocumented immigrants from detection by federal authorities — including providing housing or transportation — is a federal offense. Penalties increase significantly when done for financial gain, and each individual harbored can be charged as a separate count.

Arrested for a Federal Immigration Crime?

Federal prosecutors in South Texas move quickly. The sooner Attorney Cortez is involved, the more options you have. Call today for a free, confidential consultation.

📞 (210) 733-7575
✉️ Send Us a Message Online
📍 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

Know the stakes

Federal Immigration Crime Penalties at a Glance

Federal sentencing guidelines govern these cases and often result in mandatory prison time. Verify current penalty ranges with your attorney as statutes are subject to change and prior convictions dramatically increase exposure.

Offense Classification Prison (Max) Notes
Illegal Reentry § 1326 (1st offense) Federal Felony Up to 2 years Guidelines often result in 0–6 months for first offense
Illegal Reentry (prior felony) Federal Felony Up to 10 years Dramatically enhanced by criminal history
Illegal Reentry (prior aggravated felony) Federal Felony Up to 20 years Highest reentry exposure
Alien Smuggling § 1324 (no financial gain) Federal Felony Up to 5 years Per alien smuggled; charges stacked
Alien Smuggling § 1324 (financial gain) Federal Felony Up to 10 years Each alien is a separate count
False Statements § 1001 Federal Felony Up to 5 years Does not require oath; applies to any federal agent
Assaulting Federal Agent § 111 Federal Felony Up to 20 years 8 yrs simple; 20 yrs if injury or weapon
Undocumented Alien w/ Firearm § 922(g)(5) Federal Felony Up to 15 years Often charged alongside smuggling or drug counts
Aggravated Identity Theft § 1028A Federal Felony 2 years mandatory (consecutive) Runs on top of any other sentence — cannot be reduced
How we work

Your Defense, Step by Step

01
Free Case Review

We review the charges, the arrest circumstances, and any statements made — at no cost. We identify every defense avenue available from day one.

02
Challenge the Evidence

We examine the legality of the stop and arrest, the immigration status evidence, any statements made, and the government’s proof of each element of the charge.

03
Build Your Strategy

From motions to suppress, to attacking the underlying deportation order in illegal reentry cases, to negotiating with federal prosecutors — every option is on the table.

04
Fight for You

In federal court at every stage — from bail hearings to trial — we stand beside you and fight for the best possible outcome for you and your family.

⚖
Western & Southern Districts San Antonio, TX
Your Defense Attorney
Genaro R. Cortez
San Antonio Federal Immigration Defense Attorney

With over 20 years of experience defending clients in the Western and Southern Districts of Texas, Attorney Genaro R. Cortez understands how federal immigration prosecutions work from the inside out. He has defended more than 200 federal immigration cases — from first-time alien smuggling charges to illegal reentry, false statements, and federal firearms offenses.

Whether the issue is challenging the legality of a traffic stop, attacking a prior deportation order used to enhance an illegal reentry sentence, or cross-examining federal agents about Miranda violations and cell phone searches — no detail goes unexamined. South Texas federal courts are demanding environments. You deserve an attorney who knows them as well as the prosecutors do.

200+ Federal Immigration Cases Defended Since 2003
Western & Southern Districts of Texas
Illegal Reentry, Alien Smuggling & Federal Immigration Crimes
False Statements, Federal Agent Assault & Firearms Defense
Free Consultation — Confidential & No Obligation
Common questions

Federal Immigration Defense FAQ

What is illegal reentry and can it really mean prison time? +

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.

Can I fight an illegal reentry charge if I was deported before? +

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.

What happens if I lied to a Border Patrol agent after my arrest? +

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.

Do I have the right to remain silent when stopped by Border Patrol? +

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.

What is the difference between civil deportation and criminal immigration charges? +

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.

Can my phone be searched at the border without a warrant? +

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.

Will a federal immigration conviction affect my family members’ immigration status? +

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.

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

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.

Take action today

Facing Federal Immigration Charges
in South Texas?

With over 200 federal immigration cases defended since 2003, Attorney Genaro R. Cortez knows these courts — and knows how to fight for you. Call now for a free, confidential consultation.

☎ Call (210) 733-7575 Send a Message →
✓ Free consultation  ·  ✓ Confidential  ·  ✓ No obligation
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Testimonials

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.

L. C.

Genaro ,iso un muy buen travajo en mi caso es muy profecional, gracias por todo.

R. R.

Genaro R. Cortez did an awesome job. He got me the results I was hoping for and I am very grateful.

D. M.

Knowledgeable and reasonable.

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