Facing Smuggling Charges in San Antonio? Why You Need an Immediate, Aggressive Defense

Understanding the Extreme Severity of Texas Smuggling Charges

Being charged with Smuggling of Persons in Texas is one of the most serious and complex legal crises you can face. Under Texas Penal Code §§ 20.05 and 20.06, what may seem like a simple favor or a ride for a friend can be prosecuted as a severe state felony with the full force of combined federal and state law enforcement behind it. Texas now treats human smuggling as a form of organized crime, leading to aggressive, high-profile prosecutions by special units. At Barton & Associates, Attorneys at Law, our statewide team of former border prosecutors and board-certified trial lawyers understands that these charges often stem from misunderstandings, family obligations, or a lack of knowledge about a passenger’s legal status. However, the state’s response is immediate and severe: vehicles are seized on the spot, bonds are set prohibitively high, and the threat of federal indictment looms. From the moment of arrest, you are not facing a typical criminal case—you are in a legal and political firestorm that demands an immediate, sophisticated, and relentless defense.

What Constitutes Smuggling of Persons Under Texas Law?

Texas law defines two primary smuggling offenses, both targeting the movement or concealment of individuals. The prosecution’s focus is on proving your knowledge and intent.

Smuggling of Persons (Texas Penal Code § 20.05)

A person commits this felony if they, with intent to obtain a pecuniary benefit, knowingly:

• Transport or conceal an individual with the intent to hide them from law enforcement; OR
• Encourage or induce an individual to enter or remain in the United States illegally.

Key Elements: The state must prove you acted knowingly (you were aware of the person’s immigration status) and with the intent to gain a pecuniary benefit, which can mean any financial gain, no matter how small.

Continuous Smuggling of Persons (Texas Penal Code § 20.06)

This is one of Texas’s most aggressively prosecuted felonies. It applies when a person commits the smuggling offense two or more times over a period of 30 days or more. This charge elevates the case dramatically, signaling to the court and prosecutors that they are dealing with what they consider organized criminal activity.

Critical Understanding: The law is broad. Common scenarios that lead to charges include:

• Driving a family member, cousin, or friend who lacks legal documentation, even as a favor.
• Giving a ride to undocumented workers, whether for pay or not.
• Allowing individuals to hide on your property (a ranch, safehouse, or vehicle) without verifying their status.
• Being involved in larger-scale operations, such as tractor-trailer or stash-house cases, which can trigger automatic first-degree felony or federal human trafficking charges.

The Overwhelming Penalties and Immediate Consequences

The penalties for smuggling convictions are designed to be punitive and carry lifelong repercussions. The charges escalate based on the circumstances, particularly the age of the individuals involved and whether the smuggling was continuous.

Immediate Collateral Actions:

• Asset Forfeiture: Law enforcement will immediately seize your vehicle and any cash found. These assets are subject to civil forfeiture proceedings and can be permanently lost, even if the criminal charges are later reduced or dropped.
• Exorbitant Bond: Bonds in smuggling cases are routinely set between $50,000 and $500,000 or more.
• Federal ICE Detainers: Even if you can post the state bond, U.S. Immigration and Customs Enforcement (ICE) may place a “hold” or detainer on you, preventing your release from county jail and initiating deportation proceedings if you are not a U.S. citizen.
• Joint Task Force Investigations: Your case will not be handled by a local police department. It will be investigated by a multi-agency task force involving the Texas Department of Public Safety (DPS), Border Patrol, ICE, and local sheriff’s offices.

Our Defense Strategy: Fighting the State’s Case from Every Angle

At Barton & Associates, we mount a comprehensive defense that challenges the prosecution at its core. We act with urgency because evidence must be preserved and negotiations must begin before a federal indictment is sought.

1. Challenging the Element of “Knowledge”

This is often the most powerful defense. The state must prove you knowingly transported or concealed someone you knew was in the country illegally. We gather evidence to show:

• You had no knowledge of the individual’s immigration status.
• The passengers were family members or lawful permanent residents you had no reason to question.
• You were misled about the purpose of the trip or the individuals’ documents.

2. Attacking the Lawfulness of the Stop and Detention

Many smuggling cases begin at traffic stops or immigration checkpoints. We file aggressive motions to suppress evidence, arguing:

• The initial traffic stop was made without reasonable suspicion (a legal requirement).
• A prolonged detention at a checkpoint beyond its lawful scope violated your Fourth Amendment rights.
• Any consent to search your vehicle was coerced or not freely given.

If the stop was illegal, all evidence gathered from it—including statements and the identity of passengers—can potentially be thrown out, devastating the state’s case.

3. Negotiating Pre-Indictment to Avoid the Worst Outcomes

The period before a formal indictment or federal takeover is critical. Our former prosecutors know how to engage with DPS troopers and task force agents to:

• Present mitigating evidence about your lack of criminal intent.
• Negotiate for a reduction in charges (e.g., from Continuous Smuggling to a single count).
• Advocate fiercely to prevent the case from being adopted by federal prosecutors, where penalties are often more severe.

4. Pursuing the Return of Seized Property

We initiate early motion practice in civil court to challenge the forfeiture of your vehicle and cash. We argue the property is not connected to criminal activity or that the seizure was unlawful, fighting to get your assets back immediately.

5. Preparing for Trial

When the state’s case is weak or their evidence is based on flawed assumptions, we are fully prepared to take your case to a jury. We use expert testimony and meticulous cross-examination to create reasonable doubt about your intent and knowledge.

The Critical First 48 Hours: Your Actions Determine Your Future

In smuggling cases, the system moves against you with incredible speed. Your immediate response is paramount.

1. INVOKE YOUR RIGHT TO REMAIN SILENT. Do not speak to DPS, Border Patrol, ICE, or task force investigators. Do not try to explain or justify the situation. Anything you say will be used to establish your “knowledge.” State clearly: “I am invoking my right to remain silent. I will not answer questions without my attorney present.”
2. DO NOT CONSENT TO ANY SEARCHES. If asked, politely but firmly refuse consent to search your vehicle, phone, or home. If they have probable cause, they will search anyway, but you have protected your rights.
3. CONTACT BARTON & ASSOCIATES 24/7. Time is of the essence to secure evidence, communicate with law enforcement, and file for the return of your property. We have Spanish-speaking attorneys ready to respond along the entire Texas border, from the Rio Grande Valley to Dallas.
4. DOCUMENT EVERYTHING. As soon as possible, write down a detailed account of the events, including what was said by officers and passengers. Note the exact location and time of the stop.

Why Barton & Associates is Uniquely Equipped for Your Smuggling Defense

This specific charge requires a law firm with deep, localized experience and the resources to fight on multiple fronts.

• Former Border Prosecutors on Staff: Our attorneys have been on the other side of these exact cases. We know the tactics, priorities, and pressure points of the special prosecution units and task forces. This insider perspective is invaluable.
• Board-Certified Trial Lawyers: Our attorneys include specialists recognized for their excellence in criminal law by the Texas Board of Legal Specialization. We have the skill and reputation to try complex cases against the state’s best.
• Statewide Practice with Border Expertise: We defend clients across Texas and have an intimate understanding of the unique legal landscape and courtroom tendencies in border counties where these cases are most frequently filed.
• Bilingual Representation & 24/7 Response: We ensure there is no communication barrier between you and your defense team. We are available around the clock because we know arrests happen at all hours.

Your Freedom and Assets Are at Stake. Act Now Before It’s Too Late.

A smuggling charge is a legal emergency with immediate, tangible consequences—the loss of your vehicle, your freedom, and potentially your liberty for decades. The political nature of these cases means you will not be given the benefit of the doubt.

Do not speak to investigators. Do not assume it will work itself out.

Contact Barton & Associates, Attorneys at Law, immediately at 210-500-0000 for a free and completely confidential consultation. We will begin the urgent work of protecting your rights, challenging the seizure of your property, and building the powerful defense you need.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000