What to Do If Charged with Human Smuggling in Texas

 Posted on April 26, 2024 in Criminal Law

If you face human smuggling charges, you should understand the severity of the situation and take immediate action to protect your rights. Human smuggling is a serious offense that can lead to severe penalties, including hefty fines and lengthy prison sentences. Make sure you understand the steps you should take if you are charged with human smuggling. You can benefit by having a Texas lawyer by your side during this process.

Make Sure You Understand Your Charge

According to Texas Penal Code Section 20.05, human smuggling is the act of intentionally employing a motor vehicle, aircraft, watercraft, or any other means of transportation to move an individual to hide that person from law enforcement or escape from law enforcement. You must comprehend the specific allegations against you and the potential consequences you may face.

The first and most critical step is to secure experienced legal representation. Human smuggling cases are complex and require the expertise of an attorney. Your lawyer will review the evidence, investigate your arrest's circumstances, and develop a strong defense strategy tailored to your specific case.

Your Right to Remain Silent

When taken into custody, asserting your right to remain silent is important. Avoid responding to any inquiries or providing statements to law enforcement personnel without your lawyer. Remember that any information you disclose can and will be used against you in court, so exercising your constitutional right to protect yourself from self-incrimination is in your best interest. Respectfully communicate to the authorities your desire to remain silent and your wish to consult with your attorney. Refrain from engaging in any informal discussions or attempting to clarify your circumstances, as doing so may unintentionally compromise your right to remain silent.

Gather Evidence and Witnesses

Your attorney will work diligently to collect evidence and locate witnesses who can support your defense. This process may include reviewing police reports, interviewing witnesses, and analyzing available video footage or physical evidence. Cooperate fully with your lawyer and provide them with any information that may be relevant to your case. This includes details about your whereabouts, actions, and interactions leading up to and during the alleged human smuggling incident. Your attorney may also seek out expert witnesses who can testify on your behalf, such as individuals with knowledge of the border region or those familiar with the tactics used by human smugglers. By gathering a strong body of evidence and witness testimony, your lawyer can build a compelling defense strategy that challenges the prosecution's case and raises reasonable doubt about your guilt.

Explore Possible Defenses and Consider a Plea Bargain

Several potential defenses may be applicable in a human smuggling case. For example, if you were unaware that you were transporting undocumented individuals or if you were acting under duress or coercion, these factors could be used to challenge the prosecution's case. Your attorney will evaluate the unique circumstances of your situation to determine the most effective defense strategy.

Negotiating a plea bargain with the prosecution may be advantageous in certain situations. This process entails pleading guilty to a lesser charge for a lighter sentence. Your lawyer will advise you on whether a plea bargain is ideal and will work to secure the most favorable terms possible.

Contact a San Antonio, TX Criminal Defense Lawyer

Facing human smuggling charges is a stressful experience. However, you can navigate this challenging situation more effectively by taking proactive steps and securing legal representation from a San Antonio, TX criminal defense attorney. Remember to assert your rights, cooperate with your attorney, and explore all available defense options. With the right approach and legal team by your side, you can work towards achieving the best possible outcome in your case. Call Law Offices of Sam H. Lock at 210-226-0965 to start with a private consultation.