OPERATION LONE STAR TRIAL LAWYER Texas Human Smuggling
OPERATION LONE STAR TRIAL LAWYER Texas Human Smuggling
I began defending clients arrested for Operation Lone Star (OLS) violations for trespass in September 2021. I had to create everything from nothing and meet and greet everyone that matters. My "boots on the ground" approach forced me to navigate my case load like a huge ship making a sharp turn in a narrow canal. I have faced tremendous obstacles, kept afloat in choppy waters, with no life vest ever once handed to me. But I learned and I supported friends and I burned bridges to non-friends.
At this point I have represented over 450 misdemeanor and felony clients. I no longer have OLS clients appointed to me by LPDO but I can take private pay cases and I promise to work to get your guy out of jail without delay. I promise you I WILL follow the client's wishes. I will help him bond out, or let him plead, and get him out of jail ASAP. I will not be bullied into keeping your loved one in jail for political reasons!!
Kinney County, Texas is in the news a lot for being the seat of so many of the Operation Lone Star (OLS) arrests. The media makes false claims of racism and abuse. But I find Kinney County to be perfectly manageable. I have visited Kinney County many times and love its people. The Sheriff, County Attorneys and County Judge are great men who I get along with and respect whole-heartedly. If your loved one has been arrested in Kinney County, have no doubt that I can negotiate their release and successful defense. I have even got my Mexico client's bond refunded once the case was resolved. No other OLS defense attorney can honestly say that.
***If not a US citizen, the client will still need to go through immigration and may be deported for breaking US laws. Please consult with an Immigration lawyer, too.
In Del Rio, the Val Verde court system handles Operation Lone Star (OLS) misdemeanors and felonies for Kinney and Val Verde Counties. I have a great working relationship with the Judges, County Attorney, and the District Attorney and her Assistants. I have helped many felony clients successfully resolve their cases without needing to go to trial. I would love to go to trial but I abide by my clients' wishes and they have so far been very happy with the DA's ability to resolve the matters on the clients' first court appearance. My clients have been happy with my representation; their families are grateful; and the prosecutors are happy with my level of professionalism and ability to resolve cases quickly instead of fighting issues bigger than my client needs or wants. Of course, if your rights have been violated, I cannot waive those rights. But if it was a good and fair arrest and you understand the charge against and wish to plea, I will not delay your release against your wishes.
The law does not require you to pick up undocumented aliens (UDAs) in Mexico and take them over the border. Often arrests are made away from the border. Taking Grandma to her doctor's appointments is not a crime. And you can still go out to dinner with your friends. What you cannot do is transport people-here-illegally WITH THE INTENT to hide them from law enforcement.
The real secret is: simply "transporting" people-here-illegally is NOT illegal. That will be true even under the new laws!!
But, first things first: Let's get your loved one out of jail. If your loved one is in jail in Texas, for either Criminal Trespass at the border or Human Smuggling, then you need to get them the best most effective counsel you can afford and do it quick! For Spanish inquiries, send a text (512) 888-0808. For English send a text to (903) 420-0000. We generally respond to English inquiries daily.
***If not a US citizen, the client will still need to go through immigration processing so let's also discuss the client's immigration consequences.
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 which is punishable by DOUBLE the JAIL TIME!
The maximum sentencing goes from six months max up to One Year in jail 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.
Two criminal trespass clients were released from jail in just six days!
The real secret is: simply "Transporting" people-here-illegally is NOT illegal. The Texas Smuggling law, as drafted, does not require you to pick up undocumented aliens (UDAs) in Mexico and take them over the border, and it does not require they be from another country! Transporting people here illegally is NOT illegal. You would have to had transported them WITH THE INTENT to hide them from law enforcement. Even under the new laws!!! Until the 2024 law goes into effect, Human Smuggling is a Class 3 felony punishable by 2 to 10 years in TDC prison. A person commits Smuggling by knowingly transporting individuals in a vehicle with intent to conceal them and/or help them to evade law enforcement. That goes up in seriousness if you flee, have a firearm with you, take money to it, or cause/risk serious bodily injury. Per Count!! Some Counties are insisting on jail time if your run from the local Sheriff, Police or DPS. Right now a 2nd degree felony is punishable by 2-20 years in prison.
Please see the current 20.05 below.
Smuggling cases have been negotiated down to Attempted Smuggling which is STATE JAIL FELONY and carries a maximum sentence of two years and a minimum of six months!! I cannot promise that result for you, of course, but it is something we should discuss. Since many of the clients have already served time in jail by the time they see a Judge, that can be huge.
***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.
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Sec. 20.05. SMUGGLING OF PERSONS. (a) A person commits an offense if the person knowingly:
(1) uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport an individual with the intent to:
(A) conceal the individual from a peace officer or special investigator; or
(B) flee from a person the actor knows is a peace officer or special investigator attempting to lawfully arrest or detain the actor;
(2) encourages or induces a person to enter or remain in this country in violation of federal law by concealing, harboring, or shielding that person from detection; or
(3) assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner.
(b) An offense under this section is a felony of the third degree, except that the offense is:
(1) a felony of the second degree if:
(A) the actor commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death;
(B) the smuggled individual is a child younger than 18 years of age at the time of the offense;
(C) the offense was committed with the intent to obtain a pecuniary benefit;
(D) during the commission of the offense the actor, another party to the offense, or an individual assisted, guided, or directed by the actor knowingly possessed a firearm; or
(E) the actor commits the offense under Subsection (a)(1)(B); or
(2) a felony of the first degree if:
(A) it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, as defined by Section 22.011, or aggravated sexual assault, as defined by Section 22.021; or
(B) the smuggled individual suffered serious bodily injury or death.
(c) It is an affirmative defense to prosecution of an offense under this section, other than an offense punishable under Subsection (b)(1)(A) or (b)(2), that the actor is related to the smuggled individual within the second degree of consanguinity or, at the time of the offense, within the second degree of affinity.
(d) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
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