Yes. Under 21 U.S.C. § 846, the government only needs to prove that a criminal agreement existed and that you knowingly joined it. Unlike general conspiracy law, federal drug conspiracy does not require an “overt act” — meaning you can be convicted even if no drugs were ever found on you or seized by police. This is what makes conspiracy charges particularly dangerous and why challenging knowledge and intent is so critical.

The safety valve under 18 U.S.C. § 3553(f) allows a judge to sentence below the mandatory minimum for first-time, non-violent drug offenders who meet specific criteria — including having minimal criminal history, not using violence, not being a leader, and fully debriefing the government. Qualifying for safety valve can be the difference between a mandatory 10 years and a sentence of 4-5 years. Attorney Cortez evaluates safety valve eligibility in every case from the start.

A 5K1.1 motion is filed by the government when a defendant provides substantial assistance in the prosecution of others. If granted, it allows the judge to sentence below the mandatory minimum — sometimes dramatically so. Cooperation is a complex strategic decision that must be carefully evaluated with experienced counsel. Providing assistance that is later deemed insufficient, or that creates new legal exposure, can make your situation worse rather than better.

Drug quantity is the single most important factor driving federal drug sentences. It determines whether mandatory minimums apply, and at what level. In a conspiracy case, you can be held responsible for all drugs handled by every co-conspirator — even drugs you never touched. Challenging the quantity attributed to you at sentencing is one of the most impactful things your attorney can do to reduce your actual sentence.

No — under Riley v. California, police must obtain a warrant to search your cell phone incident to arrest. However, if you consent to the search, that consent waives your Fourth Amendment protection. Never consent to a phone search. Cell phone data — texts, GPS pin drops, WhatsApp messages — is often the most damaging evidence in federal drug cases and is used to prove knowledge, intent, and participation in a conspiracy.

Federal sentencing distinguishes between “meth-actual” (the pure drug itself) and “meth-mixture” (the total weight including cutting agents). The penalties for meth-actual are triggered at lower weights — 5 grams of pure meth triggers the same 5-year minimum as 50 grams of mixture. Lab analysis of purity is therefore critically important and can be challenged if the government’s testing methodology was flawed.

Yes, but it is not automatic. In federal court there is no bail bondsman — you must convince a judge at a detention hearing that you are not a flight risk and not a danger to the community. Drug trafficking charges create a presumption in favor of detention that your attorney must overcome. Having experienced counsel at your detention hearing — ideally your first appearance — significantly improves your chances of pretrial release.

This is one of the most common situations in San Antonio drug cases involving I-35, I-10, and Hwy 90 traffic stops. The government must prove you had both knowledge of the drugs and control over them. When drugs are hidden in secret compartments — false fuel tanks, hidden panels, spare tires — the Fifth Circuit requires additional evidence beyond your mere presence in the vehicle to establish knowing possession. We fight hard for drivers who genuinely did not know about concealed drugs.

For federal transaction money laundering, the government must prove that you conducted or attempted a financial transaction, that the funds involved were proceeds of a specified unlawful activity, and that you knew the funds were criminal proceeds. Intent is also required — either to promote the unlawful activity or to conceal the nature or source of the funds. Attacking each of these elements is central to the defense.

Knowledge is a required element of federal money laundering — the government must prove you knew the funds represented criminal proceeds. However, federal prosecutors can argue “willful blindness” — that you deliberately avoided knowing the truth. Demonstrating a genuine lack of knowledge, or that you had no reason to suspect wrongdoing, is a critical defense strategy.

Federal agents frequently set up undercover operations where informants pose as drug traffickers or criminals seeking to launder money. If the government induced you to commit a crime you would not otherwise have committed, an entrapment defense may be available. We also scrutinize the conduct of the informant, any promises made, and whether the government’s tactics were so outrageous they violated due process.

Yes. Federal civil forfeiture law allows the government to seize assets it believes are connected to criminal activity — even before charges are filed and without a conviction. This can include bank accounts, vehicles, real estate, and cash. We can challenge improper seizures and work to recover legitimately owned assets through the forfeiture process.

Yes — structuring is a federal crime under 31 U.S.C. § 5324. It occurs when someone breaks up cash transactions specifically to stay below the $10,000 currency reporting threshold. Critically, the underlying money does not have to be from illegal activity — even structuring transactions involving perfectly legitimate funds is a federal felony if done with the intent to evade reporting requirements.

Texas has its own money laundering statute (Tex. Pen. Code § 34.02) with penalties based on the dollar amount involved. Federal charges under 18 U.S.C. § 1956 carry up to 20 years per count. In many cases, both state and federal prosecutors pursue charges simultaneously — each in their own court system. Having an attorney experienced in both venues is essential.

Yes — money laundering is considered an aggravated felony under federal immigration law. A conviction can result in deportation, permanent bars to re-entry, and denial of citizenship or legal status. Non-citizens facing money laundering charges must have an attorney who takes immigration consequences seriously from the very beginning of the case.

Federal money laundering investigations can span months or years before charges are filed. Agents may be reviewing bank records, monitoring transactions, developing informants, and building a comprehensive case long before you are aware of any investigation. If you have any reason to believe you are under investigation — including receiving a grand jury subpoena or a visit from federal agents — contact an attorney immediately.

State charges are prosecuted by the Bexar County District Attorney under Texas law in state court. Federal charges are brought by U.S. Attorneys under federal statutes in federal court. Federal cases generally carry harsher mandatory sentences, are harder to resolve favorably, and move through a different court system entirely. Some situations result in both state and federal charges simultaneously.

Under Texas law, a felon may possess a firearm at their own home more than five years after release from confinement, parole, or probation — whichever is later. However, federal law still prohibits felons from possessing firearms in virtually all circumstances. This gap creates serious legal risk for those who rely on the Texas exception without understanding federal law.

A straw purchase occurs when a person who can legally buy a gun does so on behalf of someone who cannot — such as a felon or someone prohibited by law. It is a federal felony regardless of intent. Even if the buyer didn’t know the purpose of the purchase, the government may still pursue charges. These cases are aggressively prosecuted in South Texas.

18 U.S.C. § 924(c) requires mandatory minimum prison sentences when a firearm is used or carried during a drug trafficking crime or crime of violence. These sentences run consecutively — on top of, not instead of, whatever sentence you receive for the underlying crime. They cannot be suspended or run concurrently. This makes fighting the underlying charge critically important.

Potentially yes. The Fourth Amendment prohibits unreasonable searches and seizures. If law enforcement found the weapon during an illegal traffic stop, without a valid warrant, or without proper consent, we can file a motion to suppress the evidence. If the gun is suppressed, the government may not be able to proceed with the charge at all.

The ACCA enhances the penalty for federal felon-in-possession charges when the defendant has three or more prior convictions for violent felonies or serious drug offenses. Instead of up to 10 years, an ACCA enhancement triggers a mandatory minimum of 15 years in federal prison. Challenging whether prior convictions qualify as ACCA predicates is a critical part of federal firearms defense.

Yes — firearms offenses can have severe immigration consequences including deportation, inadmissibility, and permanent bars to legal status. Non-citizens facing firearms charges must have an attorney who understands both criminal and immigration law. Attorney Cortez takes immigration consequences seriously in every case involving non-citizen clients.

Immediately. Federal investigators may already be building a larger case before charges are even filed. Statements you make in custody can be used against you. Evidence can disappear. The sooner an attorney is involved, the more options are available — including potentially preventing charges from being filed at all in some situations.

Yes. Breathalyzer results are not infallible. Devices must be properly calibrated and maintained, and the test must be administered correctly. Certain medical conditions, diet, and mouth alcohol can cause false readings. We examine the full record of the device used in your case.

Refusal triggers an automatic driver’s license suspension and can be used against you at trial. However, a refusal also means less direct evidence for the state. We examine whether law enforcement followed proper procedures and whether any warrant was properly obtained for a blood draw.

The Administrative License Revocation (ALR) hearing is a civil proceeding — separate from your criminal case — where we fight to keep your driver’s license. You have only 15 days from your arrest to request this hearing. Missing it means automatic suspension. Winning it also gives us early discovery of the state’s evidence.

If your DWI case is dismissed or you are acquitted, you may be eligible for expunction. Texas law currently does not allow expunction of DWI convictions. This makes fighting the charge — not just accepting a plea — critically important from the start.

It depends on your employer and profession. Jobs requiring commercial drivers’ licenses, security clearances, or professional licenses are especially at risk. A criminal record can appear on background checks for years. Avoiding a conviction through aggressive defense protects your employment future.

Texas law limits deferred adjudication for DWI charges — it is not available in all circumstances. Attorney Cortez can evaluate your specific case to determine whether deferred adjudication is a viable and beneficial option, or whether fighting for an outright dismissal or acquittal is a better path.

If you requested an ALR hearing within 15 days of your arrest, your driving privileges are typically preserved until the hearing. If you need to drive for work and your license is suspended, we can petition for an Occupational (Essential Needs) Driver’s License so you can maintain your livelihood.

Attorney fees vary based on the complexity of the case and charges involved. What matters is weighing the cost of a conviction — fines, surcharges, job loss, higher insurance rates, and a permanent record — against the investment in your defense. We offer a free initial consultation to discuss your situation.

Yes. Illegal reentry under 8 U.S.C. § 1326 is a federal felony — not just a civil immigration violation. A first offense without prior criminal history carries up to 2 years, but prior felony or aggravated felony convictions can increase exposure to 10 or 20 years in federal prison. Federal sentencing guidelines govern the actual sentence, which an experienced attorney can work to reduce.

Yes — and one of the most powerful defenses is a collateral attack on the underlying deportation order. If the prior removal proceeding was fundamentally unfair or violated your due process rights, we can challenge whether the deportation was legally valid. This can result in the dismissal of the entire illegal reentry charge. Attorney Cortez evaluates this defense in every reentry case.

Statements made to federal agents — including Border Patrol, ICE, and HSI — can be charged as false statements under 18 U.S.C. § 1001 or used as evidence in the underlying case. However, statements made before Miranda warnings were given, or after you requested an attorney, may be suppressible. We examine the full circumstances of every post-arrest statement.

Yes. You have the right to remain silent and the right to an attorney before answering questions. At a Border Patrol checkpoint, you may be required to state your citizenship, but beyond that, you are not required to answer questions about your immigration status or activities. The safest thing you can do is politely decline to answer further questions and request an attorney.

Civil deportation (removal) is handled by immigration courts and results in being required to leave the country. Criminal immigration charges are federal crimes prosecuted in federal district court and can result in prison time on top of removal. Both proceedings can happen simultaneously — and a criminal conviction can make it far harder to ever obtain immigration relief in the future.

Border searches operate under different constitutional rules than interior searches. While basic manual phone searches have been permitted at the border without a warrant, forensic searches — downloading and analyzing phone contents — have faced more constitutional scrutiny. Do not consent to a phone search. Requiring agents to obtain a warrant preserves your rights and may result in evidence being suppressed.

Potentially yes. A federal criminal conviction can affect pending immigration applications for family members, disqualify you as a petitioner for family-based immigration, and in some cases trigger scrutiny of family members’ status. Attorney Cortez considers the full family immigration picture when advising on defense strategy and plea decisions.

Immediately. Federal initial appearance hearings — including bail hearings — happen within 24 to 72 hours of arrest. Having an attorney at the bail hearing significantly improves the chances of pretrial release. Evidence is also freshest immediately after arrest, and early intervention gives your attorney the most options. Call Attorney Cortez as soon as possible after any federal arrest.