EN ESPANOL HABLA (903) 420-0000

Criminal Trespass is usually a Class B Misdemeanor but in these OLS cases, the misdemeanor B has been enhanced, for punishment reasons, to a Class A misdemeanor which is punishable by DOUBLE the JAIL TIME!    Maximum sentencing goes from six months max up to One Year in jail max per violation plus the fine can be up to $4,000.00.

I know the law and I know the lawyers that matter and through my goodwill, I have been able to negotiate the Class A punishment back down to Class B so the maximum jail time is six months again instead of a year.   

I was first appointed to represent OLS clients in September 2021 and have represented about 450 criminal trespass clients/confinees.    I am dedicated to understanding what results you want and to helping you get there.  I want to make sure you understand the process and you are not intimidated by it.  It is very manageable to an experienced criminal defense attorney.  There are systems in place, and they become routine to the regular participants, but these systems are never routine to the client or his family.  That is normal.  You are not expected to know these things; I am.
Now would be the time to ask questions and make sure you are being heard!

*If not a US citizen, the client will still need to go through immigration and may be deported so I can help you consult with an Immigration Attorney to help with ICE. 

**I DO NOT PRACTICE IMMIGRATION LAW BUT I CAN REFER YOU TO A GREAT IMMIGRATION LAWYER IF YOU NEED HER HELP. 

If charged with Section 20.05 "Smuggling of Persons" in Texas, know that the law does not require you to have picked up undocumented aliens (UDAs) in Mexico and take them over the border, and it does not even require your passengers be from another country!  Transporting people-here-illegally is NOT illegal.  So, the State must show you transported a person (any person) WITH THE SPECIFIC INTENT to CONCEAL them from law enforcement.  That is true even under the new laws!!  

The real secret is: simply "Transporting" people-here-illegally is NOT illegal.    You would have to had transported them WITH THE SPECIFIC INTENT to hide them from a law enforcement officer.  

NOTICE: *******The new 2024 law went into effect February 6, 2024 and it made Smuggling punishable by:  10 years in TDC prison.  That goes UP in seriousness  making it a 2d degree felony if you flee, have a firearm with you, take money to do it, or, if you cause/risk serious bodily injury, that becomes a 1st degree felony.   A 2nd degree felony is normally punishable by 2-20 years in prison;  1st degrees: 5-99.  Years!!  

Even for older case, the Kinney and Val Verde D.A. is insisting on PRISON TIME if your run from the local Sheriff, Police or DPS.   So if you fled, or evaded Police, in a vehicle, you are facing prison time, even if you're a first offender.  We just fought a very bad case of ENTRAPMENT by Police which we finally had to settle because the D.A. there could not, or would not, deliver the evidence we needed to prove our case.  **Please try to hire an attorney quickly and demand discovery ASAP to preserve evidence in your case.

Lawyers need to be creative and really look closely at the State's evidence because there are hidden gems in there that make it Reversible ERROR for a Court to fail to protect your rights.  Your lawyer must demand it and be very explicit.  We seek all the evidence, even hidden, secret, invasive, spying evidence the State used without your knowledge or consent to find you, track you, charge you and get you Indicted.