Del Rio First-Time Alien Smuggling Lawyer

Arrested for alien smuggling in Del Rio? Here is what you need to know.

A first-time alien smuggling arrest in Del Rio is one of the most stressful things a person can face. You are far from home, unfamiliar with the federal court system, and staring at serious charges under 8 USC 1324. The good news is that having no criminal history works in your favor — and the right lawyer can make a real difference in the outcome of your case. This page will walk you through exactly what to expect, from your first court date to sentencing.

First-Time Federal Alien Smuggling Cases Defense in Del Rio, Texas.

Del Rio is ground zero for first-time alien smuggling cases in South Texas. This is because U.S. Highway 90 connects the Texas border town of Del Rio to San Antonio. Equally important, dozens of farm-to-market and ranch roads that have no checkpoints connect to U.S. Highway 90. Consequently, human smugglers use these routes to commit human smuggling crimes.

The end result is that police make a large number of 8 USC 1324 arrests along U.S. Highway 90. For this reason, this post will provide you with an overview of what to expect if police arrest you or someone you love for a federal human smuggling crime in South Texas. Notably, we will give you ideas and options to help with your case.

What counts as a first-time alien smuggling crime in Del Rio?

A first-time federal alien smuggling crime means the person has never done this before. In addition, it often means that the person has a clean record. In other words, this is the first time they are arrested for any crime.

Furthermore, if the defendant did not get into a high-speed chase, carry a gun, or cause anyone to be hurt or killed during the crime, then he may qualify as a “zero-point offender.” In this scenario, the person may get a lower or softer sentence because of his clean record. That is to say, the person may get a lighter penalty because this is his first time breaking the law.

What charges will the DOJ file against you in Del Rio Federal Court?

The Department of Justice (DOJ) uses 8 USC 1324 to go after human smugglers in Del Rio, Texas. This law contains six different crimes. Namely, it makes it a crime to:

1. Bring undocumented migrants into the United States;
2. Transport or drive migrants within the United States;
3. Harbor or hide migrants;
4. Encourage undocumented migrants to enter the country;
5. Conspire or enter into a deal with other people to commit these crimes; and
6. Aid or abet anyone to commit these crimes.

Of major interest, transporting aliens and conspiracy to transport aliens are the two most common charges human smugglers face in Del Rio, Texas. In addition, DOJ often charges human smugglers with both crimes. Specifically, count I of the indictment will be a conspiracy charge. And count II will be a transportation charge.

This gives DOJ room at trial to offer overlapping evidence to prove their case. Stated differently, this gives the feds two different ways to prove a defendant is a human smuggler.

What are the penalties for first-time alien smuggling crimes in Del Rio, Texas?

How do police make alien smuggling arrests on Hwy 90?

As mentioned above, 8 USC 1324 outlaws all types of human smuggling crimes in America. However, the the three most common types of crimes in Del Rio, Texas are transporting, conspiracy, and bringing aliens into the country. Below are examples of how each crime works.

1. Transporting aliens from Del Rio, Texas to San Antonio, Houston, or Dallas.

The most common way police arrest someone for human smuggling is after a traffic stop on Hwy 90 or on either a farm to market road or ranch to market road that connects to Hwy 90. Border patrol agents, DPS, and local police patrol these roads near the border looking for human smugglers. From there, police make a traffic stop to speak with the driver and passengers.

Once police make the traffic stop, they look for tell-tale signs of an alien smuggling crime. To explain, they look for passengers who are dirty or who look like they have walked through the brush. They also look for passengers hiding on the floor board or trunk of the car.

2. Conspiracy to transport Aliens in Del Rio, Texas.

After police make an alien smuggling arrest, they will conduct an investigation. This includes interrogating the driver and searching his cellphone. In this scenario, police look for proof that the driver is texting other smugglers for GPS pin drops on where to pickup the migrants. They are also looking for proof that other smugglers paid or will pay the driver for the crime. This type of evidence lays the ground work for a conspiracy charge.

3. Bringing aliens into the country from Ciudad Acuna to Del Rio or from Piedras Negras to Eagle Pass.

This is one of the more challenging cases to defend because of both the facts and the penalty range. To illustrate, human smugglers hire people to cross over minors or infants from Mexico to the United States. They do this by using the birth certificates or passports for US children to bring in undocumented minors.

To make matters worse, this crime carries a tougher penalty. Unlike a basic transporting or conspiracy charge that carries 0-10 years in jail, bringing in an alien into the country carries 3-10 years in jail. If you are facing this type of charge, then you may want to consider taking your case to trial because it is likely you will serve at least 3 years in jail if you plead guilty.

Can you get out on bail for a first-time alien smuggling charge in Del Rio Federal Court?

Yes. Bail is an option in many first-time migrant smuggling cases in Del Rio Federal Court. I wrote about this issue recently. But in general, you must show the judge three things:

1. You are not a flight risk (you will show up for all of your court dates);
2. You are not a danger to the community (you won’t commit new crimes while on bail); and
3. That you will follow all the bail rules.

On top of that, you will also need to get a co-signer to keep an eye on you while you are out on bail.

Can you get probation for an 8 USC 1324 case in Del Rio, Texas?

Yes. Nevertheless, the Del Rio judges grant this request only in a small number of cases. For that reason, it is important to keep realistic expectations on how your case will play out.

What is supervised release and will the judge order me to be on it?

Supervised release is an odd idea covered by 18 USC 3583. It is a type of probation that occurs after the person completes his jail term. This means the person must first complete the jail term. Then he starts his period of supervised release.

While on supervised release, the person must follow certain rules. For example, the person must:

1. Not use drugs like cocaine, meth, or marijuana;
2. Not commit new crimes;
3. Find a job or go to school;
4. Submit to drug testing; and
5. Regularly report to a probation officer.

If the person does not follow these rules, then the judge will issue an arrest warrant. And the person may go back to jail.

In Del Rio federal court, judges will require a person to serve 3 years on supervised release. But this will depend on the specific law the person broke.

Timeline Following a Del Rio Federal Alien Smuggling Arrest

Initial Appearance

After police arrest you for a crime in Del Rio Federal Court, they will take you to a magistrate within 48 hours. However, this time frame can change if you are arrested during a holiday like Memorial Day, Labor Day, Thanksgiving, Christmas, or New Year’s.

At the initial appearance, the judge will explain the charges against you and ask you if you want to hire an attorney or have the court appoint a lawyer for you. Del Rio Federal Court is unusual on this issue. If you ask for a court-appointed attorney and later hire an attorney, the federal judge will make you pay back the court for the time the court-appointed attorney billed on the case. This means you should figure out your budget quickly to see if you can afford an attorney.

The judge will then reset your case for a preliminary and detention hearing.

Preliminary and Detention Hearing

The judge will set your case for a preliminary and detention hearing within 72 hours after your initial appearance. However, the common practice is for lawyers to reset this setting to give them time to meet with the client and prepare for the hearing.

At the preliminary and detention hearing, the judge will decide if there is probable cause to believe you committed a crime. The magistrate will also decide whether it will let you out on bond while your case is pending.

Indictment

n Del Rio Federal Court, prosecutors usually secure an indictment within 30 days from the date of your arrest. Once this happens, the court will set your case for an arraignment, though most clients waive this procedural hearing.

Docket Call, Plea Hearings, Trial Settings, and Sentencing Hearings

After your arraignment, the trial court will issue a scheduling order. The order will set your docket call and trial date. This tells you when your next court date will be and when you are set for trial.

During this time, your attorney will get the evidence from the government and review it with you. If you decide to plead guilty, then your attorney will request a plea offer from the government. But if you want to fight your case, then your attorney will go to the docket call and ask the judge to set your case for a firm trial date.

The plea hearings and trial dates happen quickly in Del Rio. You can expect to plead out within 3 months from your arraignment. Similarly, if you want a jury trial, this frequently happens within six months. But the trial date will depend on both the judge and the complexity of your case.

Finally, your sentencing date will depend on the judge assigned to your case. Some judges will sentence you within 3–4 months from your plea or trial date, while others will reset your sentencing date until you reach the top of your guideline range.

Attorney for first offense of Human Smuggling in Del Rio.

The government is cracking down on human smuggling crimes along the Texas-Mexico border. This is especially true in Del Rio, Texas. Even so, federal law guarantees a person the right to defend himself.

This defense can take many forms. For some people, it may mean taking the case to trial because they are innocent. For others, it may mean working to get the lowest or softest penalty possible. An experienced lawyer can help you with either option. Most important of all, the right lawyer will make sure the system treats you fairly.

Do you need to hire an alien smuggling defense attorney in Del Rio, Texas?

If you or someone you love was arrested for a first-time alien smuggling crime in Del Rio, do not wait to get help. The decisions you make in the first 48 hours — whether to talk to police, whether to consent to a phone search, and who represents you at the bond hearing — can shape the entire outcome of your case. Attorney Genaro Cortez has over 20 years of experience defending federal human smuggling cases in Del Rio and San Antonio. Call 210-733-7575 today for a free case evaluation.

Frequently asked questions — first-time alien smuggling arrests in Del Rio