Criminal Defense
Federal Charges
Defense in the Southern District of Texas for federal drug, immigration, weapons, and fraud charges.
Federal criminal practice in the Southern District of Texas is a different world from state court. The procedures are governed by the Federal Rules of Criminal Procedure, the evidence by the Federal Rules of Evidence, and the punishment by the U.S. Sentencing Guidelines plus any applicable mandatory minimums. The stakes are usually higher because federal sentences run longer and have no parole.
Federal charges originating in South Texas commonly include illegal reentry (8 U.S.C. § 1326), drug trafficking and conspiracy (21 U.S.C. § 841, § 846), alien smuggling (8 U.S.C. § 1324), money laundering, and various federal firearms offenses. Each carries its own sentencing framework.
The federal sentencing guidelines are advisory, but they remain the framework around which most plea negotiations occur. A skilled federal defense involves not just litigating the charge but also fighting for the right offense level, criminal history category, role adjustment, and any safety-valve or substantial-assistance opportunities.
We handle federal cases in the McAllen and Brownsville divisions of the Southern District of Texas and coordinate with experienced federal counsel when needed. We work through detention hearings, pretrial motions, plea negotiations, and trial preparation with the long-tail consequences of a federal conviction always in mind.
Common scenarios
Situations we see often
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Illegal reentry charge after a prior removal
A client is found in the U.S. after a prior order of removal. The charge is enhanced based on prior criminal history. Sentencing guidelines and any prior aggravated felony designations matter enormously.
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Drug trafficking conspiracy involving multiple defendants
You are indicted in a multi-defendant conspiracy. Wiretaps, controlled buys, and cooperator testimony are at the core of the case. Cooperation, severance, and trial strategy are central.
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Alien smuggling case from a checkpoint or traffic stop
A vehicle stopped at or near a checkpoint contains undocumented passengers. Knowledge, intent, and the financial benefit prong of the statute are central.
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Federal firearm charge after a state arrest
A state case turns up a firearm that triggers a federal charge - felon in possession, possession of a stolen firearm, or possession during a drug trafficking crime.
What to do
If this happens to you
Say nothing to federal agents beyond confirming identity. Federal investigators are highly trained, and federal courts strictly enforce the rules around interrogations. Anything you say without counsel will be in the report and used at sentencing if not at trial.
Get federal counsel involved before the initial appearance and detention hearing. The detention hearing is often the most consequential event early in the case - federal pretrial detention is common in drug, weapons, and immigration cases.
How we help
How our firm can help
We work on detention from the first hour - preparing the package of community ties, employment, and family information needed for release. We obtain and analyze discovery, including any wiretap affidavits, surveillance, agent reports, and forensic data. We litigate suppression where the law supports it and negotiate from preparation.
On the sentencing side, we work with U.S. Probation early, contest guideline calculations where appropriate, argue for downward variances and departures, and document mitigating circumstances. For non-citizen clients, we coordinate with immigration counsel because almost every federal conviction has serious immigration consequences.
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~64,000
cases filed in federal district courts annually (FY2023, criminal)
Administrative Office of the U.S. Courts
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#1
busiest federal district in the U.S. by criminal filings is the Southern District of Texas
AOUSC, FY2023
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~97%
of federal criminal convictions are by guilty plea
U.S. Sentencing Commission, 2022
Common questions
Questions about Federal Charges
Will I be detained pending my federal case?
In drug, weapons, and immigration cases there is often a statutory presumption of detention. Detention is decided at the detention hearing under 18 U.S.C. § 3142. Preparation for that hearing is critical.
How do the federal sentencing guidelines work?
A base offense level is set by the offense of conviction, adjusted for specific offense characteristics, role, acceptance of responsibility, and other factors. The guidelines plus the criminal history category give an advisory range. The court must also consider 18 U.S.C. § 3553(a) factors.
What is "safety valve" and does it apply to me?
Safety valve under 18 U.S.C. § 3553(f) can allow a court to sentence below a mandatory minimum in qualifying drug cases. Eligibility requires meeting all five statutory criteria, including limited criminal history and truthful disclosure to the government.
Can a federal conviction be expunged?
No. There is no general federal expungement statute. Some federal records can be sealed in very limited circumstances. Pardon by the President is the principal post-sentence federal remedy.
Related topics
More under Criminal Defense
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