What is an MTR for Smuggling of Persons in Texas?
An MTR for Smuggling of Persons in Texas is a document the State files with the court that asks a judge to cancel your probation. If the judge cancels your probation, then the judge can send you to jail for breaking the rules of probation.
It happens when a probation officer believes you broke the rules of probation. For example, if you take a drug test and it comes back dirty for coke, meth, or pot, then this will count as a probation violation. Another example is if you do not report to a probation officer as scheduled. Finally, you can also break probation if police arrest you for a new crime while you are on probation for human smuggling.
These are just a few examples of events that can lead to an MTR in your case. However, the main point is if this happens, then a judge will take action in your case. This often means the judge will issue a warrant for your arrest.
But unlike the original case, the only issue the judge is concerned with in MTR cases is if you broke the rules of probation.
What is an MTR arrest warrant for Smuggling of Persons in Texas?
An MTR arrest warrant tells police to arrest a person because they broke the rules of probation. Accordingly, if a judges issues an arrest warrant for an MTR issue, then you should make arrangements to turn yourself in as soon as possible. Otherwise, police may arrest you at anytime once they find out about the MTR warrant.
Critically, once you turn yourself in, you may bond out of jail. But this part of the case is tricky. Namely, in many MTR cases a judge may either set a high bond amount in your case or set no bond at all.
Consequently, if you cannot afford the high bond, then you will have to sit in jail until the judge rules on your case. Similarly, if the judge sets no bond at all (R.W.O.B.), then you will have to wait in jail until the judge rules on your case.
Interestingly, if your bond is too high or there is no bond set in your case, then your lawyer can ask the judge to either lower it or set it. Lawyers call these motions to lower the bond or motions to set a bond.
In short, if you have an arrest warrant for an MTR in any case, then talk to a lawyer to figure out the best way to handle your specific situation.
What happens at an MTR hearing for a human smuggling crime in Texas state court?
An MTR hearing for Smuggling of Persons in Texas is the same as an MTR hearing for any type of criminal case.
The court will give you a copy of the MTR. Of major interest, the MTR is an important document in your case. It will tell you what rules you broke, how you broke them, and when you broke them.
From there, your attorney will go over the MTR with you to see if you broke the rules or not. If you broke one of the rules, then you can plead True to the violation. If you did not break the rules, then you can plead Not True.
What is the difference between pleading True and Not True in an MTR for Smuggling People in Texas?
There is a big difference between pleading True or Not True at an MTR hearing. If you plead True, then this plea is enough for the judge to cancel your probation and send you to jail. In contrast, if you plead Not True, then the State must prove you broke the rules of probation.
As a result, the court will likely reset your case to a future date so the State can bring witnesses to prove their case. At the same time, you can also bring witnesses–if you have them–to show you did not break the rules. Your defense lawyer will then do everything possible to push back against the State and keep the judge from sending you to jail.
How can a lawyer help me with an MTR for Smuggling of Persons in Texas?
A lawyer will help you by talking to the State and the Judge about setting a bond in your case and perhaps working out a deal to keep you out of jail. However, this will vary from case to case.
In some counties, judges will not set a bond until you turn yourself into police. In other cases, judges will not accept a plea offer made between the State and the defendant. Or similarly, the prosecutor will not make a reasonable offer.
When this happens, then your attorney can ask the judge to keep you on probation. He can do this by putting on proof that you did not break the rules. Or he can put on proof that you are trying and making a good faith effort to complete probation.
How much jail time can I get for deferred probation on an MTR for human smuggling in Texas state court?
In a deferred probation case for Human Smuggling in Texas state court, you can get the full range of punishment if you break the rules of probation. This is because in a deferred case, the judge does not find you guilty up front. Instead, the judge puts you on probation. If you complete the deferred probation, then the judge will dismiss your case.
But if you break the rules, then the judge can give you jail time anywhere from the minimum to maximum allowed by law. The table below outlines the jail terms for MTRs in Smuggling of Persons in deferred probation cases.
Table: Jail Time for an MTR with Deferred Probation in a Smuggling of Persons case.
| Degree | Jail Time | Fine Amount |
| 3rd | 2-10 years in jail. | Up to $10,000.00. |
| 2nd | 2-20 years in jail. | Up to $10,000.00. |
| 1st | 5-99 years or life in jail. | Up to $10,000.00. |
| SB4. For arrests that happen after February 6, 2024. | 10 year minimum applies to Smuggling of Persons cases. | Up to $10,000.00. |
How much jail time can I get on an MTR for straight probation in a Smuggling of Persons case in Texas?
With straight or regular probation, your jail time is fixed on the date the judge finds you guilty of human smuggling. Here’s how it works.
In many cases, a judge finds you guilty of a crime, but does not send you to jail. Instead, the judge puts you on probation for a fixed period of time and also sets a fixed jail term in your case.
As an example, the judge may find you guilty of a human smuggling crime, sentence you to four (4) years in jail, but suspend and probate your jail term for four (4) years. Lawyers refer this to this as a four over four (4/4) jail term.
In other words, you get a conviction on your record, but you don’t go to jail. Instead, the judge puts you on probation for four years. If you break the probation rules, then the judge may send you to jail for four years.
What is the difference between Straight vs Deferred Probation for Smuggling of Persons in Texas?
In a regular probation case, the judge enters a conviction on your record up front. But you also get a chance at probation. If you break probation, then you will get a fixed jail term.
On the other hand, with deferred probation, there is no conviction on your record up front. But if you break probation, then you can get a conviction on your record and the judge can send you to jail for the full range of jail time allowed by law.
MTR Lawyer for Smuggling of Persons in Texas.
Genaro R. Cortez is an MTR lawyer that handles Smuggling of Persons cases in San Antonio, Del Rio, Eagle Pass, Brackettville, and Uvalde, Texas. If you have an MTR in any of these cities, then call today to discuss your case.