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.

A good faith defense argues that you genuinely believed your conduct was lawful — even if it turned out to violate the law. Most white collar offenses require the government to prove criminal intent. If you acted in good faith reliance on advice from an accountant, attorney, or other professional, or genuinely believed your actions were authorized, this defense can be powerful. It is one of the most important and underutilized defenses in white collar cases.

Yes. Federal fraud statutes do not require that anyone actually suffered a financial loss — only that a scheme to defraud existed and that you participated in it knowingly. An unsuccessful fraud attempt is still prosecutable. This makes intent and the nature of the alleged scheme central to the defense, rather than simply whether harm resulted.

Do not speak to them without an attorney present — regardless of how friendly or casual the conversation seems. Federal agents are trained interviewers, and anything you say can and will be used against you. Politely decline to answer questions, provide your attorney’s contact information, and call Attorney Cortez immediately. You have an absolute right to counsel before speaking with investigators.

A grand jury subpoena requires you to produce documents or testify before a federal grand jury. Receiving one means you are likely either a target, subject, or witness in a federal investigation. You have important rights in this process — including the right to assert the Fifth Amendment privilege against self-incrimination and to consult with an attorney before testifying. Contact a defense attorney immediately upon receiving a subpoena.

Civil fraud cases are brought by private parties or government agencies seeking financial remedies — repayment, fines, and penalties. Criminal fraud charges are brought by prosecutors and can result in imprisonment. The same conduct can result in both civil and criminal liability simultaneously. Criminal cases require proof beyond a reasonable doubt, while civil cases use a lower standard. Having defense counsel who understands both tracks is critical.

Federal white collar investigations frequently span one to three years or more before charges are filed. During this time, agents interview witnesses, review financial records, execute search warrants, and develop cooperating witnesses. The federal statute of limitations for most fraud offenses is five years — giving prosecutors an extended window to build their case. If you suspect you are under investigation, do not wait to seek legal counsel.

Federal convictions cannot be expunged under current federal law. Texas state convictions for felonies cannot be expunged either — only cases that result in acquittal, dismissal, or deferred adjudication (in limited circumstances) may be eligible for expunction or non-disclosure. This makes fighting the charges aggressively from the outset — rather than simply accepting a plea — critically important for your long-term future.

Almost certainly yes. Professional licensing boards in Texas — including those for medicine, law, accounting, real estate, and finance — treat fraud and dishonesty convictions as grounds for revocation or denial. Many licensing boards act independently of the criminal courts and can take action even before a conviction is final. Attorney Cortez takes professional licensing consequences seriously in every white collar case from day one.