Frequently Asked Questions

Yes. There are two reasons for this. First, your criminal attorney needs to know what happened so the attorney can help you. Second, what you tell your attorney is confidential.

If it is a state case, then you need to hire a bail bond company to post your bond. If it is a federal case, you will appear at the San Antonio Federal Courthouse for a preliminary and detention hearing. You will need to hire a lawyer to help you with this hearing. However, if you cannot afford one, the court will appoint a public defender to help you.

Yes. Probation violations, also known as Motions to Revoke (MTRs), are among the most common criminal cases in Bexar County. In many situations, defense attorneys and prosecutors can negotiate to get a defendant reinstated on probation. However, the outcome depends on the specific facts of the violation, the defendant’s criminal history, and the assigned judge and prosecutor.

Yes. We can file a motion to set a bond in Bexar County for you.

Yes. We can petition a court to expunge your records.

A first-time DWI is one of the most common criminal charges in San Antonio, and an arrest does not mean you are guilty. You have several options depending on the facts of your case. If your field sobriety test performance was strong and your blood alcohol concentration (BAC) was near the .08 legal limit, taking the case to a Bexar County jury trial may be your best option. On the other hand, if the video evidence is unfavorable and your BAC was high, negotiating a plea deal — such as deferred adjudication — may make more sense. San Antonio DWI attorney Genaro R. Cortez will review the evidence with you and help you choose the strategy that protects your future.

Yes. Texas law now allows deferred adjudication for first-time DWI offenses. If you successfully complete the terms of your deferred adjudication, the charge will not result in a final conviction on your record. This can be a valuable option for defendants who want to avoid the long-term consequences of a DWI conviction. Attorney Cortez can explain whether deferred adjudication makes sense for your specific case.

After a DWI arrest in Bexar County, Texas, you have 15 days to request an ALR hearing to stop DPS from suspending your driver’s license. If you do not request the ALR hearing within this time period, then DPS will automatically suspend your license after 40 days.

Yes. Texas law allows suspected DWI motorists to petition the court for an occupational license. This lets you drive to work, school, or pick up your children from daycare while your license is suspended.

Yes. DWI MTRs in Bexar County, Texas are common. We will ask the judge to set a bond in your case. We will also help you schedule a time to turn yourself into the Bexar Satellite Office. This will make it easier to bond in and get out of jail. Finally, we will fight to keep you on probation.

Federal alien smuggling penalties vary based on the circumstances of the offense. If the migrant paid a fee to be transported, the potential sentence ranges from 0 to 10 years in prison. If the smuggling resulted in serious bodily injury to the migrant, the penalty increases to 0 to 20 years. In the most serious cases — where a death occurs during the smuggling offense — the sentence can be up to life in prison or even the death penalty. Attorney Genaro R. Cortez has defended hundreds of first-time alien smuggling cases in San Antonio and Del Rio federal court.

Federal alien smuggling penalties vary based on the circumstances of the offense. If the migrant paid a fee to be transported, the potential sentence ranges from 0 to 10 years in prison. If the smuggling resulted in serious bodily injury to the migrant, the penalty increases to 0 to 20 years. In the most serious cases — where a death occurs during the smuggling offense — the sentence can be up to life in prison or even the death penalty. Attorney Genaro R. Cortez has defended hundreds of first-time alien smuggling cases in San Antonio and Del Rio federal court.

Learn more about alien-smuggling penalties.

Under state law, the base offense of Smuggling of Persons is a third-degree felony carrying 2 to 10 years in prison. The charge increases to a second-degree felony (2 to 20 years) if the defendant possessed a firearm, smuggled a minor, or created a substantial risk of serious bodily injury. It becomes a first-degree felony (5 to 99 years or life) if a migrant was sexually assaulted or if anyone was seriously injured or killed during the offense.

As of 2026, this is an open legal question. Texas Penal Code 20.05 covers substantially the same conduct as the federal alien smuggling law under 8 USC 1324. Because of this overlap, there is a strong argument that federal law preempts the state law under the Supremacy Clause of the United States Constitution. While one Texas court says it is constitutional, that case is on appeal. Your San Antonio criminal defense attorney should investigate this claim and consider filing a motion to dismiss under the federal preemption doctrine.

Yes, probation is a possible outcome for a Smuggling of Persons charge in Texas. Whether you qualify for probation will depend largely on your criminal history and the specific facts of your case. An experienced alien smuggling defense attorney in San Antonio can evaluate your situation and advise you on the likelihood of receiving probation.

Learn more about MTRs for Smuggling of Persons in Texas.

The steps you take in the first 48 hours after a car wreck can significantly impact your personal injury claim. First, call SAPD or BCSO to make sure a formal crash report is filed. Second, seek medical attention right away — even if you feel fine, adrenaline can mask internal injuries. Third, do not give a recorded statement to the insurance company without first speaking to a San Antonio car accident attorney. Insurance adjusters are looking for reasons to deny or minimize your claim. Finally, document everything: take photos of the scene, get witness contact information, and keep all medical records.

Learn more about San Antonio Car Wrecks personal injury cases.

At the Law Office of Genaro R. Cortez, PLLC, we handle personal injury and car accident cases on a contingency fee basis. This means you pay nothing upfront. We only get paid if we successfully recover a settlement or verdict for you. We take on the financial risk so you can focus on healing. Call (210) 733-7575 for a free case evaluation.

If you have been injured in a car accident in San Antonio, you may be entitled to compensation for medical expenses (including future medical bills and physical therapy), lost wages (including bonuses, commissions, and lost earning capacity), pain and suffering, and property damage to your vehicle. San Antonio car wreck attorney Genaro R. Cortez has a background in economics and finance, which he uses to calculate the true long-term cost of your injuries — not just the amount the insurance company’s software suggests.

In Texas, the statute of limitations for most personal injury claims is two years from the date of the accident. If you do not file your lawsuit within this window, you may lose your right to recover compensation. However, certain circumstances can affect this deadline, so it is important to consult with a San Antonio personal injury lawyer as soon as possible after your accident.

You can obtain a San Antonio crash report in several ways. For SAPD reports, visit SAPD Headquarters at 315 South Santa Rosa, San Antonio, Texas 78207, or request a report online through the SAPD website. You can also request a report through the Texas Department of Transportation (TxDOT) online system. Have the following information ready: the date of the accident, location, names of persons involved, and a basic description of what happened.

If you own any property, have children, or want to control how your assets are distributed after your death, then yes — you need a will. Without a valid will, the State of Texas decides how your property is divided under the state’s intestacy laws, which may not reflect your wishes. A San Antonio estate planning attorney can draft a Last Will and Testament that ensures your assets go to the people you choose.

Probate is the legal process of settling a deceased person’s estate. In Bexar County, this typically involves filing the will with the county court, validating the will, appointing an executor, paying any debts or taxes, and distributing the remaining assets to the beneficiaries. The process can take anywhere from a few months to over a year depending on the complexity of the estate. A San Antonio probate attorney can guide your family through every step of this process.

When a person dies without a will in Texas, their estate is distributed according to the Texas intestacy statutes. This means the court determines who inherits the property based on family relationships — typically the surviving spouse and children. The outcome may not match what the deceased person would have wanted. If a loved one has passed away without a will in San Antonio, a probate attorney can help you understand your rights and navigate the process.

A comprehensive estate plan in Texas typically includes several key documents: a Last Will and Testament, a Statutory Durable Power of Attorney (allowing someone to manage your finances if you become incapacitated), a Medical Power of Attorney (designating someone to make healthcare decisions on your behalf), and a Directive to Physicians, also known as a living will (stating your wishes regarding end-of-life care). The Law Office of Genaro R. Cortez, PLLC can prepare all of these documents for you.

The cost of a will varies depending on the complexity of your estate and the documents you need. At the Law Office of Genaro R. Cortez, PLLC, we offer affordable estate planning services for San Antonio families. Contact us at (210) 733-7575 to discuss your needs and get a quote for your estate planning package.

Yes. We understand that scheduling can be difficult, especially if you are dealing with a legal emergency. We offer Zoom calls and Google Meet video conferences so you can discuss your case with Attorney Genaro R. Cortez from anywhere. Contact our office at (210) 733-7575 or through our online contact form to schedule a virtual consultation.

The Law Office of Genaro R. Cortez, PLLC serves clients throughout South Texas. For criminal defense cases, we handle matters in Bexar County state court, the San Antonio Federal Courthouse, and the Del Rio Federal Courthouse. We also handle cases in Eagle Pass, Brackettville, Laredo, and Houston. For personal injury and estate planning matters, we primarily serve clients in the greater San Antonio and Bexar County area. Our office is conveniently located at 730 West Hildebrand Avenue in San Antonio.

You can reach Attorney Genaro R. Cortez by calling (210) 733-7575 during business hours, Monday through Friday, 8:30 AM to 5:00 PM. You can also email us at genaro.cortez@cortezlawyer.org or fill out the contact form on our website. All consultations are confidential.