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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

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

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

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

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

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