Dallas Smuggling of Persons Attorney

Are You Looking for the Best Dallas Smuggling of Persons Attorney?

If you’re looking for the best Dallas Smuggling of Persons attorney, then Paul Saputo and Nick Toufexis want to represent you. The Saputo Toufexis partnership brings the significant experience of our award-winning attorneys, and we strive to maintain our history of success for our Smuggling of Persons defense clients.

The Texas offense of Smuggling of Persons criminalizes the use of a vehicle to transport individuals with the intention of hiding from or evading law enforcement. In recent years, the issue of illegal immigration has attracted significant national media attention. Texas has been notably affected by this issue. The United States enforces strict laws against unauthorized border crossings and also prosecutes those who assist others in crossing illegally.

Until recently, Smuggling of Persons was classified as either a state jail felony or a third degree felony. However, effective in 2024, the punishment classification levels increased.

The Saputo Toufexis | Criminal Defense attorneys thrive on serving individuals who are dedicated to achieving the best outcomes. Our clients recognize the value of our legal expertise and want to hire the top attorneys in the field.

We’re not just Dallas Smuggling of Persons lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. If the police have already arrested you for Smuggling of Persons, the most important thing for you to do is to hire a lawyer as soon as possible to defend you against the onslaught of prosecution by the state. You are not guilty unless and until the Dallas District Attorney proves its case in court.

Our experienced team is here to defend your rights and provide the guidance you need. Don’t navigate the criminal justice system alone. Call us today to take the first step toward your peace of mind and a strong Dallas Smuggling of Persons defense.

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Contact a Dallas
Smuggling of Persons Lawyer

When you are ready to fight your case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Dallas Smuggling of Persons Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get a Smuggling of Persons charge dropped in Dallas, Texas?

In order to get a Smuggling of Persons charge dropped in Dallas, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §20.05.^[1] Our lawyers are experts in the Texas law regarding Smuggling of Persons, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the Smuggling of Persons statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the Smuggling of Persons statute in detail on the Smuggling of Persons offense page. We also maintain our expertise by keeping up with the latest case law affecting Smuggling of Persons cases in Dallas.

What does a Smuggling of Persons charge really mean?

The general definition of the Texas charge of Smuggling of Persons, according to the Texas Penal Code, is as follows:

(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.

What Is Alien Smuggling?

Alien smuggling encompasses a variety of specific offenses. Essentially, if you provide any form of help, support, or information that enables an illegal alien to enter the country, you could be subject to severe fines, penalties, or even imprisonment. Several actions can lead to federal charges, including:

• Transporting – Deliberately moving an illegal alien across the border or within the United States.
• Harboring – Providing shelter or concealing an illegal alien from border patrol or other governmental bodies.
• Encouraging – When a family member, employer, or friend supports or facilitates the illegal entry of an alien across the border.

How can the prosecutors prove intent to flee?

The state’s attorneys can establish intent to flee in various ways, with one straightforward method provided by §545.421 of the Texas Transportation Code. According to §545.421, intent to flee is demonstrated when a person fails to stop their vehicle upon being signaled by law enforcement or attempts to evade law enforcement. Officers may use lights, sirens, or hand gestures to signal a driver to stop.

Law Enforcement Agencies in Dallas that Make Smuggling of Persons Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of Smuggling of Persons in Dallas. Law enforcement agencies in Dallas that most typically make Smuggling of Persons arrests include:

• The Dallas County Sheriff’s Department handles Smuggling of Persons cases throughout Dallas County.
• Dallas Police Department serves as the primary municipal police department within Dallas County and plays a significant role in Smuggling of Persons enforcement.
• Irving Police Department also contributes to investigating Smuggling of Persons cases within its jurisdiction in Dallas County.
• Mesquite Police Department serves the community of Mesquite within Dallas County and may handle Smuggling of Persons cases within its jurisdiction.
• Grand Prairie Police Department is responsible for law enforcement within Grand Prairie and contributes to investigating Smuggling of Persons cases within its jurisdiction.

How do Dallas Smuggling of Persons defense lawyers beat a Smuggling of Persons case?

To beat a Smuggling of Persons charge in Dallas, Texas, you must employ every procedural tool to obtain information and thoroughly investigate the case. Contest all evidence, including witness statements and forensic evidence. Remember, victory hinges on your determination to fight relentlessly.

Even if you believe you cannot beat the case, as your Dallas Smuggling of Persons attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Dallas Smuggling of Persons Attorney Case Defense Strategy

Getting the best result in a Dallas Smuggling of Persons case requires being fully prepared for all hearings and court settings – not just trials. Accordingly, when you hire us as your Dallas Smuggling of Persons attorney, we prepare early and thoroughly. As soon as we get on a case, the Dallas District Attorney’s Office knows that we are getting ready for trial. They know that we are going for an outright acquittal.

But the preparation often starts even before the case begins. From the moment that the police initiate an investigation or make an arrest, we have work to do. If you want to win your case, then we must do our own investigation. The state has police and investigators of their own working for them to gather evidence to support their case. We can’t afford to let their evidence stand uncontroverted.

As a client, you will benefit from the investigative resources of the entire law firm. We have a team of dedicated professionals, including paralegals, investigators, and forensic experts. Our attorneys utilize our team’s extensive investigative experience to perform the ground work that makes our cases strong.

How much does a lawyer charge for a Smuggling of Persons case in Dallas, Texas?

Attorney’s fees for a Smuggling of Persons charge typically range from $5,000 to $25,000 in Dallas, Texas. You can expect to pay higher attorney fees for more complex cases. Some Dallas Smuggling of Persons lawyers may charge much more. But exercise caution when encountering attorneys who offer unexpectedly low fees.

In addition, many lawyers charge extra fees for trial. If you hire an attorney from outside Dallas, sometimes travel fees may apply.

What You Should Do if You Are Falsely Accused of Smuggling of Persons in Dallas

Even when falsely accused of Smuggling of Persons, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.

If the Dallas District Attorney has charged you with Smuggling of Persons, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Dallas Smuggling of Persons attorneys.

How can you modify your Dallas bond conditions after a Smuggling of Persons arrest?

Often times, judges will set your initial bond conditions using standard forms that do not take into account your particular situation. If you need to change your bond conditions, you will need to do so through petitioning the court.

If your case has already been filed, you have to file a motion to modify your bond conditions. If your case has not been filed, you will need to file a writ of habeas corpus. Usually, judges will set a hearing to consider these pleadings. At the hearing, you will need to present evidence and argue why your bond conditions should be modified.

Your Dallas Smuggling of Persons attorney will handle this process.

We often receive requests to modify ond conditions related to travel. In many cases, courts will restrict your travel, but you may need to travel for work or important family members. If you have a good reason to travel, courts will usually allow you to do so.

What happens at a Dallas arraignment?

At your arraignment, a Dallas judge will hear your plea of not guilty. In Dallas, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for Smuggling of Persons, then Texas Code of Criminal Procedure §17.40 requires Dallas judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Dallas Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Dallas Smuggling of Persons charge in Dallas?

The Texas Penal code outlines the range of punishment for all Smuggling of Persons convictions across the state. The Penal Code classifies the punishment for Smuggling of Persons as a first, second, or third degree felony, depending on the circumstances, all with a minimum term of confinement of ten years, except under certain circumstances.

However, the actual punishment you receive will vary significantly based on a number of circumstances, including your prior criminal history and the circumstances of the offense. With this in mind, you can learn about the penalties that apply to all Texas convictions for Smuggling of Persons here. Otherwise, to learn more about what kind of punishment is typical in Dallas Smuggling of Persons cases, call us to schedule a consultation or book online.

Furthermore, all good Dallas Smuggling of Persons attorneys will also advise you on the collateral consequences of a Smuggling of Persons conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment.

Is Alien Smuggling and Human Trafficking the same thing?

No. Human trafficking involves the forced labor or sexual exploitation of abducted individuals. Conversely, human smuggling refers to the transportation or creation of documents for individuals who voluntarily seek to cross the border illegally.

How can I protect myself from deportation?

Simply arriving in the United States illegally does not guarantee deportation. Our Human Smuggling attorney can determine whether you qualify for a waiver of inadmissibility.

How can prosecutors prove intent to conceal?

Intent to conceal can be inferred if a driver hides passengers in locations where they are unlikely to be discovered, such as in the trunk or beneath the floorboards of a vehicle. Additionally, if law enforcement questions the driver about the presence of any extra passengers and the driver denies their existence, this could also suggest an intent to conceal.

Are you under investigation for Smuggling of Persons? Should you cooperate with the police investigation?

Given the nature of the offense, it is essential to avoid disclosing any incriminating details to the police. For instance, you should not acknowledge to law enforcement that you are unaware of the identities of others in the vehicle or that payment is involved. Admitting to such elements of the offense could facilitate a charge of Smuggling of Persons. Without such admissions, a competent defense attorney experienced with Smuggling of Persons charges, like attorney Paul Saputo, might successfully argue that the individuals were merely traveling across the country without any intent to evade or hide from law enforcement.

An arrest for Smuggling of Persons can drastically change your life, even if a court dismisses your case. Do not hesitate to contact us immediately if you are under investigation.

In addition, remember that people do not usually communicate perfectly clearly under intense pressure. The extreme stress of a police interview can cause you to say something that police then misinterpret. And even the way you look during the interview significantly impacts the police decision to arrest you. For all of these reasons, we carefully consider the decision to interview because it will have a huge impact on the ultimate outcome your case.

In some cases, we have communicated directly with law enforcement authorities on behalf of our clients instead of consenting to a direct interrogation. As your Dallas Smuggling of Persons attorney, we can assist you in these difficult circumstances.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Dallas Smuggling of Persons lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Dallas Smuggling of Persons attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

Nick did a Great job! Was always available and very professional! I would recommend him and this law firm to any and everybody! If you find yourself in bad situation and don’t think you have a way out! Hit Saputo Toufexis Law Firm and they will go to war for you! Thanks Nick I truly appreciate you and my family thank you!

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §20.05.