FAQ

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Frequently Asked Questions

1. What types of cases do you handle?
  • First-time alien smuggling cases in Del Rio, Eagle Pass, Brackettville, Laredo, Houston, and San Antonio.
  • DWI and DUI cases in San Antonio;
  • Gun and drug cases; and
  • Car wreck and Car accident cases.
2. What are the penalties for first-time alien smuggling in federal court?
  • If the migrant paid a fee, then the jail time is between 0-10 years in jail.
  • If the smuggler causes the migrant serious bodily injury, then the jail time is between 0-20 years in jail.
  • If someone dies during the smuggling crime, then the jail time can be up to life in jail or even the death penalty.
3. What are the penalties for Smuggling of Person under Tex. Penal Code 20.05.
  • The base offense is a third degree felony.  The penalty is between 2-10 years in jail.
  • But it turns into a second degree felony if the smuggler possesses a gun, smuggles a minor, or creates a risk that the migrant will suffer serious bodily injury.  If this happens, then the penalty is between 2-20 years in jail.
  • Finally, it turns into a first degree felony if the migrant was raped or if anyone was seriously hurt or killed during the crime.  When this happens, then the penalty  5 to 99 years or life in jail.
4. Is Texas' Smuggling of Persons law constitutional?

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.

5. Should I tell my criminal defense attorney the truth about my case?

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.

6. Can you ask a judge to set a bond for me if I am remanded without bond (RWOB) in San Antonio?

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.

7. Can you help me get my probation reinstated in Bexar County, Texas?

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.

8. Does your law firm offer zoom meetings for new clients?

Yes.  We can schedule a Zoom Call or Google Meet conference to talk about your case.