State vs. Federal Criminal Charges in the Alamo City.

State vs Federal Crimes in San Antonio, Texas.

“Police arrested my loved one for a crime in San Antonio, Texas, can you help me? Yes, absolutely. But tell me more about your case.” However, clients often wonder, “what information are San Antonio Criminal Lawyers looking for during the first phone call to get started on the case?”

To begin a case, a lawyer needs to know who made the arrest and why. For example, did SAPD arrest your loved one for DWI? Or did Homeland Security agents arrest the person for transporting aliens? The answers to these questions tell us if it is a state or federal case. This example also shows why differences between state vs federal crimes in San Antonio are important.

Surprisingly, this is not always an easy question to answer. In particular, both the State of Texas and the federal government have the power to arrest a person if they believe he committed a crime in San Antonio. And in many cases, state and federal crimes overlap.

In this post, we will show you the difference between state vs federal charges in San Antonio, Texas. And we will tell you how to find and get your loved one out of jail. Most important of all, you will learn how a criminal defense attorney can help you with your case.

Which court will get my criminal case if police arrest me for a crime in San Antonio, Texas?

Generally, there are two types of crimes in Bexar County, Texas. There are state crimes. And there are federal crimes. This is why the state vs federal crime difference matters. The type of crime police arrest you for will determine if your case will go to a Bexar County state court or to San Antonio federal court.

Namely, the State of Texas and the Federal government are two different and distinct systems. And they both have the power to arrest people in San Antonio, Texas and send them to jail. Lawyers call this the “dual-sovereignty doctrine.” Here’s how it works.

A. Criminal Cases in Bexar County State Courts.

Most criminal cases in San Antonio, Texas are state or local crimes. If police arrest someone for a local crime, then police send the case to the Bexar County District Attorney’s Office for review. If a Bexar County prosecutor believes the person broke a state law, then it will file the case in a state court at the Cadena-Reeves Justice Center located at 100 Dolorosa Street, San Antonio, Texas 78205. It is across the street from San Fernando Cathedral and catty-corner from San Antonio City Hall.

B. Decoding your court assignments: Felony vs Misdemeanor cases in Bexar County, Texas.

Notably, there are two types of courts at the Cadena-Reeves Justice Center. There are county courts and district courts. A county court handles misdemeanor cases like DWI 1st, Assault-FV, and shoplifting. And the district court handles felony cases like simple drug possession, murder, or felon-in-possession crimes. Once the state files the case, then either the county clerk or district clerk will randomly assign the case to a court.

Furthermore, the key difference between a felony and misdemeanor crime in Bexar County is the possible jail time a person can get. With a misdemeanor case, the jail time is capped at one (1) year in county jail. In contrast, with a felony the top jail time is over one year in the pen (prison).

Finally, an easy way to tell if your case is a felony or misdemeanor is to look at your court-date notice. If the court clerk sets your case in district court, then it is a felony case. If the court clerk sets your case in a county-court-at-law, then it is a misdemeanor case.

C. Examples of local crimes prosecutors file in Bexar County State Court.

DWI-1st, 2nd, or 3rd. (Drunk Driving Cases.)
Simple Assault.
Family violence crimes.
Simple Drug Possession.
Theft. (Shoplifting and retail theft crimes.)
Murder.
Rape.
Racing on the Highway.

D. Examples of Police Agencies with the Power to Make Arrests in San Antonio, Texas.

SAPD.
Alamo Heights PD.
Olmos Park PD.
Leon Valley PD.
Castle Hills PD.
Terrell Hills PD.

What happens during the first 48 hours after police arrest you in San Antonio, Texas? How Arrest and Magistration work in State court.

Once police arrest a person for a state crime in San Antonio, Texas, they will book them. This means they take a picture of the person, get their fingerprints, and document the arrest.

After the police book the person, they take them to get “magged.” This happens within 48 hours after the arrest. Specifically, a magistrate will hold a CCP Article 15.17 hearing. During this hearing, the judge will read the person his rights. And the judge will set a bail or bond amount.

Bexar County Bail Bonds and the Bexar County Satellite Office.

After the Bexar Magistrate sets the bail amount, then you can hire a bond company to post the bond and get your loved one out of jail. Search the Bexar Bail Bonds Board website for a list of bail bond companies in San Antonio.

One nice thing about Bexar County criminal cases is that you can use the Satellite Office to bond out of jail. But this only applies in some cases. And you still have to hire a bail bond company to post your bond.

Nevertheless, you cannot use the Satellite Office if the following is true about your case:

It is a violent crime;
Sex Crime;
Out of county warrant;
Out of state warrant.

Call the Bexar County Satellite Office at 210-335-2592 for more information. Their address is:

Bexar County Booking and Release Satellite Office
Basement of the Bexar County Courthouse
100 Dolorosa St. B10.2, San Antonio, TX 78205.

If you use this option, then I recommend you get there early to make sure they have time to process your case. The best times are at either 8:00 AM or 1:00 PM. And I also suggest you bring someone with you in case there are problems with your case.

Know your rights and options for misdemeanor and felony cases in Bexar County state court.

Local prosecutors have discretion to work out cases. For example, in many cases, probation is a realistic option. In other cases, you can plead down. In other words, you ask the prosecutor to drop the top counts in exchange for taking a lower charge.

If you believe you did nothing wrong, then you can plead not guilty and ask for a jury trial. The judge will set your case for trial. If the jury finds you not guilty, then the case is over.

On the other hand, if the jury finds you guilty, then you can ask either the judge or jury to decide your fate. But you need to make this choice before you go to trial. Your attorney will advise you on the best option for your case.

Similarly, if the State drops your charges, then you can expunge or clear your records. In other cases, you can also seal your records. Again, a qualified attorney can help you with this option.

How criminal cases in San Antonio Federal Court work.

Criminal cases in San Antonio federal court are completely different from cases in Bexar County state court. In general, federal court is a more formal process and prosecutors have less discretion to drop or lower your charges. The cases also go quicker than in state court. In short, with federal cases you either plead not guilty and go to trial or you plead your case out.

A. Bail in Federal Criminal Cases: Prelim and Detention Hearings.

The Bail Reform Act gives anyone arrested for a federal crime the right to ask a judge to let them out of jail while their case is pending. At this hearing, the judge must decide two things: (1) Will the person show up to all his court dates?; and (2) Will the person be a danger to the community while he is on bond? If the judge answers yes to both of these questions, then the person will likely get a bond.

However, if the person is on probation or pretrial release for another case when he picks up a federal charge, then the judge will not let him out on bond. Similarly, if the person is in the country without permission, the judge will not let him out on bond either. The main takeaway is that you must show the judge you will follow the rules and not commit new crimes while you are out on bond.

B. Sentencing and Probation Options in San Antonio Federal Court.

On top of that, what makes fed cases tougher is there is a high risk you will do jail time. To explain, in Bexar County state court a judge or jury will decide if you go to jail or get probation. And in many cases, a state prosecutor will recommend you get probation.

In contrast, federal judges use sentencing guidelines to decide how much jail time they should give you. The guidelines are the starting point for all federal criminal sentencing hearings. Once the judge calculates your guidelines, he will let the government, your attorney, and you speak. Finally, the judge will consider your background and the facts of the case and then decide how much jail time you will get.

C. Motions to Suppress and Jury trials In San Antonio Federal Court.

The federal system and the Bexar County state systems are identical in many ways. To explain, if police violate your rights, then you can file a motion to suppress and ask a judge to kick out the evidence in your case.

You see this happen when police arrest you and then ask you questions without giving you your Miranda warnings. Another example is when police search your cell phone without your permission and without a warrant. If this happens in your case, then your attorney can file a motion to suppress and ask for a hearing.

Another similarity is that you have a right to a jury trial in both Bexar County and San Antonio federal court. If you plead not guilty, then the judge will bring in a jury panel to hear your case. Of major interest, in a Bexar County state case, the judge will bring a panel made up of Bexar County voters. If it is a San Antonio Federal case, then the jury panel will be from the counties in and around San Antonio, Texas. This makes the federal jury panels more diverse than Bexar County panels.

In addition, jury selection in Bexar County state court is more robust. In state court, judges allow the attorneys to question the jury panel before the parties pick a jury. This gives each side an important opportunity to lay out their themes and defenses.

Conversely, in federal court the judge is often the only one who questions the jury. This makes it harder for the parties to figure out which jurors to pick for the jury. But there are a couple of federal judges in San Antonio and Del Rio that allow attorneys to ask the panel questions.

State and Federal Probation vs Federal Supervised Release: How to Avoid The Doom Spiral.

Probation is possible in both Bexar County state court and San Antonio federal court. However, probation is rare in federal court. Most defendants in federal court go to jail. After that, the judge places the person on supervised release. And this is where clients face new problems.

A. How Supervised Release works.

Supervised release combines the worst parts of probation and parole into one event. With probation, a judge does not send you to jail. Instead, you report to a probation officer, take drug tests, pay a fine, and perform community service hours. If you do all this without a problem, then the judge will close your case without sending you to jail.

Conversely, with parole, you get out of jail before you complete your full jail term. To illustrate, if a judge gives you a ten (10) year jail term, then you may serve three (3) or four (4) years and then get out. Then you report to a parole officer for the remainder of your term. If you break the rules, then the State issues a blue warrant for your arrest.

Furthermore, with supervised release, you report to a probation officer and follow the rules of release after you complete your jail term. If you break the rules, then the judge will issue a warrant for your arrest and you will be back in jail. This is the doom spiral because they throw you back in jail.

B. How to “Get Off Paper” to avoid The Doom Loop of Supervised Release.

Many people who get out of jail struggle to readjust when they get out. Some do not have a place to live. Others cannot find a steady job. And worse yet, others struggle with drug use.

As a result, they struggle to follow the rules of probation or supervised release. And this often means that a judge will send them back to jail for breaking the probation rules. Once they complete this additional jail term, the judge puts them back on supervised release. And they start all over again. This is the doom lop of federal criminal law.

But critically, some judges in San Antonio allow you to enter into agreed orders to end your supervised release. In exchange for agreeing to go back to jail, you can ask the prosecutor to agree to end your term of supervised release. Clients call it “getting off paper.” But this practice depends on the judge in your case.

What are examples of federal criminal cases in San Antonio, Texas?

The feds handle cases with a national interest. For example, below are types of cases the feds prosecute:

Health care fraud;
Mail Fraud;
Wire Fraud;
Major drug-trafficking crimes;
Straw-gun buyers;
Drug Cartel Money Laundering offenses;
Alien smuggling; and
Felon in possession crimes.

In fact, the majority of criminal cases in San Antonio federal court are gun, drug, and alien smuggling cases.

Federal vs State Drug and Gun Crimes in Bexar County, Texas.

While Bexar County police focus on run-of-the-mill local crimes, the feds focus on major drug and gun crimes. In essence, the feds are big game hunters going after cartel and organized crime rings. This is why there are so many drug, gun, and alien cases in San Antonio federal court.

Namely, IH-35, IH-10, and Hwy 90 corridors carry drugs, guns, and aliens from the border to San Antonio, Houston, and Dallas, Texas. Consequently, the feds create HIDTA task forces that use local, state, and federal police to focus on these types of crimes. Once police make these busts, then the cases will likely end up at the San Antonio federal courthouse.

In sum, this helps explain why so many defendants in San Antonio federal court go to jail. Their crimes tend to be more serious than state crimes. However, people with federal cases still have options. They can go to trial or challenge the evidence if they have a strong case. Or they can plead out and cooperate to help get a lower jail term.

Table comparing State vs Federal Charges in San Antonio, Texas.

Feature	Bexar County Criminal Cases	SATX Fed Cases
Which counties are covered?	Bexar County.	Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzalez, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, and Wilson
Do you have a right to a jury trial?	Yes.	Yes.
Can you file a motion to suppress evidence?	Yes.	Yes.
Can you bond out of jail?	Yes. Post a bond.	Yes, but the judge decides if you get out.
How long will my case take.	Cases tend to move slowly. Some serious cases take over one year to resolve.	Cases move quickly. Exception: complex cases.
Where will I do my jail time?	Bexar County Jail or TDC.	BOP. You can ask the judge to place you near your family.
Who decides your punishment?	A judge or jury.	A judge.
Is probation possible?	Yes. Very common.	Yes. But rare.
What types of cases do these courts handle?	DWI Assault Family Violence Simple Drug Possession Racing on the Highway Possession with intent Felon in Possession	Health Care Fraud Wire Fraud Mail Fraud Straw Gun Buyers Cartel Crimes Major drug crimes (Multi kilo drug cases) Alien Smuggling Illegal entry and reentry.
Can you hire a lawyer?	Yes. But if you cannot afford an attorney, the court will give you a public defender.	Yes. But if you cannot hire an attorney, the judge will give you a public defender.

San Antonio State and Federal Criminal Defense Attorney.

Genaro R. Cortez is a dual-licensed attorney in San Antonio, Texas. He handles criminal cases in Bexar County state court and federal cases in the San Antonio Division of the Western District of Texas. Since 2003, he has helped hundreds of clients with criminal cases in San Antonio state and federal court.

Attorney Genaro Cortez also knows the key differences between state vs federal crimes in San Antonio, Texas. And he can help you if you have a case with both state and federal charges pending in Bexar County, Texas. Call or email us today to talk about a defense strategy for your case.

State vs Federal Criminal Charges in San Antonio