Probably not. Tex. Penal Code 20.05 covers the same types of crimes as the federal alien smuggling law under 8 USC 1324. As a result, federal law preempts state law under the Supremacy Clause of the United States Constitution.
However, as of January 23, 2023, state courts have not definitely ruled on this issue. For this reason, your attorney should investigate this claim and file a motion to dismiss the charges under the federal preemption doctrine.
Yes. Your attorney needs to know what really happened so he or she can prepare the best possible defense in your case. Also, with a few exceptions, whatever you tell your attorney is protected by the attorney-client privilege. This means your attorney cannot repeat what you tell him to another person.
Yes. I will file a motion to set a bond and then ask a judge to set a bond in your case. From there it will be up to the judge to decide on the bond amount.
Yes. Probation violations or MTRs are perhaps the most common type of criminal case in Bexar County, Texas. As a result, defense attorneys and prosecutors often work out plea deals to get defendants back on probation. However, there is no guarantee that a particular prosecutor or judge will agree to reinstate your probation.
Yes. We can schedule a Zoom Call or Google Meet conference to talk about your case.
Yes. Probation is an option for a Smuggling of Persons charge in Texas.
More importantly, getting probation will depend largely on your criminal history and the facts of your smuggling of persons charge.