I was caught for alien smuggling was cuestiond but didn’t say anything just said I wanted a lawyer and my right to a lawyer after 6 hours I was released all they said is if I get caught again than I’ll get hit for that time and next time. I was not given any paperwork. This happened in Murrieta California cbp. Can you help me with info? How can I get info or just in general no what’s up. The guy who was with me didn’t have proper paperwork and was deported same day
Hello @dylandelao-ih7ts. My law practice is only in Texas and not in California. However, I am hearing similar stories from people in Texas. Not sure why Homeland Security and Border Patrol are not making the arrests if they have probable cause that a smuggling crime is happening. But my guess is this is likely a political decision by the powers that be. I recommend you do a background check in 30 days to see if this encounter shows up on your record. If it doesn't, then count your blessings.
Thank You! My son was asked by his boss ( he lives in Port Lavaca, Tx) to drive to Kinney county and pick up a co-worker and was stopped by law enforcement for a traffic maneuver, turns out the guy he picked up was a Mexican illegal, now my son is sitting in DilleyTx in jail waiting on ???
Good morning Mr. Martinez. Good questions. Let's the start with the second question first. If the smuggling crime was committed for profit, then the base offense level is 12. However, if the smuggling crime "was committed other than for profit," then the offense level will drop by 3 points. So it will be 9. You can see this under 2L1.1(b)(1). I am including the link below. guidelines.ussc.gov/gl/%C2%A72L1.1 As for the first question, that is a tougher one to answer. If the person was part of a conspiracy, then the person will be responsible for the acts that were part of the conspiracy. Nonetheless, it is a tough question to answer because it will depend on the relevant conduct of the offense. The guidelines provide that "in the case of jointly undertaken criminal activity . . . undertaken by the defendant with others . . . all acts and omissions of others that were-- (i) within the scope of the jointly undertaken criminal activity; (ii) in furtherance of that criminal activity; and (iii) reasonably foreseeable in connection with that criminal activity" will be considered in deciding if the person gets points or not. In other words, it really depends on the facts of your case. You can also find this information under the Relevant Conduct section of the guidelines. It is 1B1.3. I am including a link below. Hope this helps. Good luck. guidelines.ussc.gov/gl/%C2%A71B1.3
Hi. This video is about 8 USC 1324. It is the federal alien smuggling law. If you are charged with a federal alien smuggling crime, then this law will apply in every federal court in the country. However, if you are charged with a state human smuggling crime, then you need to check out your state law on human smuggling. For example, in Texas, there is a similar law called smuggling of person. It's Texas Penal code 20.05. In those cases, this info will not apply. Hope this answer helps.
Glad your case worked. I am assuming your case is federal because this video is on federal sentencing guidelines. In federal court, you cannot expunge--or erase--your criminal record. However, if your case is a state crime, then you cannot expunge your record either--but you may be able to have it sealed by filing a petition for non-disclosure. However, I do not handle expunctions or nondisclosures. I recommend you speak to an attorney that handles these types of cases if you have a state charge. Thanks for the feedback.
The short answer is it is up to the judge. The longer answer is that it depends if it is a federal or state crime. If it is a federal crime, then look at 18 usc 3564(c). If it is a Texas state crime, then look at Texas Code of Criminal Procedure Art.42A. The state probation will depend on if it is deferred or straight probation. I recommend you speak to a lawyer in the city or county your case is pending in to review your case and advise you based on the specific facts of your case.
@@cortezdefense okay, I’m on probation and I’m ready to start a new chapter . I’ve been successfully doing my probation for a year and half . I want to move with My grandma to start taking care of eachother . Plan is to go to work with animals. I’m unsure if I have 5 years probation or 3 for smuggling illegal aliens. I did 6 months in California . Either way , I know I will be proud of myself , I already am starting to. I learned my lesson. Peace of mind is so precious , nothing is worth jeopardizing it!!!
If a judge or jury finds you guilty of alien smuggling (8 USC 1324), then you may be deported. For those reasons, you should consult with an immigration lawyer before you decide to take plea deal. The Supreme Court addressed this issue in Padilla v. Kentucky. That case requires defense counsel to advise a defendant of the immigration consequences of a plea deal. And in some cases, the Court noted--going to trial even if there is overwhelming evidence of guilt--may be a sound trial strategy in the hopes of keeping your green card. Bottom line--speak to an immigration lawyer before you make a decision on whether to take a deal or fight your case. As the immigration lawyer to conduct a Padilla review. This will help you weigh your options.
Sure thing. My office number is 210-733-7575. Or you can email me at info@cortezdefense.com. All conversations are confidential. I will help if I can. If not, then I will point you in the write direction.
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I was caught for alien smuggling was cuestiond but didn’t say anything just said I wanted a lawyer and my right to a lawyer after 6 hours I was released all they said is if I get caught again than I’ll get hit for that time and next time. I was not given any paperwork. This happened in Murrieta California cbp. Can you help me with info? How can I get info or just in general no what’s up. The guy who was with me didn’t have proper paperwork and was deported same day
Hello @dylandelao-ih7ts. My law practice is only in Texas and not in California. However, I am hearing similar stories from people in Texas. Not sure why Homeland Security and Border Patrol are not making the arrests if they have probable cause that a smuggling crime is happening. But my guess is this is likely a political decision by the powers that be. I recommend you do a background check in 30 days to see if this encounter shows up on your record. If it doesn't, then count your blessings.
@@cortezdefense is border patrol suppose to give u a paper after they release you samr scenario happen too me
Thank You! My son was asked by his boss ( he lives in Port Lavaca, Tx) to drive to Kinney county and pick up a co-worker and was stopped by law enforcement for a traffic maneuver, turns out the guy he picked up was a Mexican illegal, now my son is sitting in DilleyTx in jail waiting on ???
If a person is an accomplice do they get points added? Also if doing it for profit is their points added?
There*
Good morning Mr. Martinez. Good questions. Let's the start with the second question first. If the smuggling crime was committed for profit, then the base offense level is 12.
However, if the smuggling crime "was committed other than for profit," then the offense level will drop by 3 points. So it will be 9. You can see this under 2L1.1(b)(1). I am including the link below.
guidelines.ussc.gov/gl/%C2%A72L1.1
As for the first question, that is a tougher one to answer. If the person was part of a conspiracy, then the person will be responsible for the acts that were part of the conspiracy.
Nonetheless, it is a tough question to answer because it will depend on the relevant conduct of the offense. The guidelines provide that "in the case of jointly undertaken criminal activity . . . undertaken by the defendant with others . . . all acts and omissions of others that were--
(i) within the scope of the jointly undertaken criminal activity;
(ii) in furtherance of that criminal activity; and
(iii) reasonably foreseeable in connection with that criminal activity"
will be considered in deciding if the person gets points or not. In other words, it really depends on the facts of your case. You can also find this information under the Relevant Conduct section of the guidelines. It is 1B1.3. I am including a link below. Hope this helps. Good luck.
guidelines.ussc.gov/gl/%C2%A71B1.3
Thanks for the information great video. Do you know if these Texas laws are similar to the Arizona laws?
Hi. This video is about 8 USC 1324. It is the federal alien smuggling law. If you are charged with a federal alien smuggling crime, then this law will apply in every federal court in the country. However, if you are charged with a state human smuggling crime, then you need to check out your state law on human smuggling. For example, in Texas, there is a similar law called smuggling of person. It's Texas Penal code 20.05. In those cases, this info will not apply. Hope this answer helps.
Dang,You nailed it,its as You were reviewing My case..👍🏼 ended up with 5 years probation, completed it successfully, now can You expunge it for Me????
Glad your case worked.
I am assuming your case is federal because this video is on federal sentencing guidelines. In federal court, you cannot expunge--or erase--your criminal record.
However, if your case is a state crime, then you cannot expunge your record either--but you may be able to have it sealed by filing a petition for non-disclosure.
However, I do not handle expunctions or nondisclosures. I recommend you speak to an attorney that handles these types of cases if you have a state charge.
Thanks for the feedback.
@@cortezdefense federal 😕,Thank You, though...informative channel....
How long is one on probation for alien smuggling , if they have NO violations
The short answer is it is up to the judge. The longer answer is that it depends if it is a federal or state crime. If it is a federal crime, then look at 18 usc 3564(c). If it is a Texas state crime, then look at Texas Code of Criminal Procedure Art.42A. The state probation will depend on if it is deferred or straight probation. I recommend you speak to a lawyer in the city or county your case is pending in to review your case and advise you based on the specific facts of your case.
@@cortezdefense okay, I’m on probation and I’m ready to start a new chapter . I’ve been successfully doing my probation for a year and half . I want to move with My grandma to start taking care of eachother . Plan is to go to work with animals.
I’m unsure if I have 5 years probation or 3 for smuggling illegal aliens. I did 6 months in California . Either way , I know I will be proud of myself , I already am starting to.
I learned my lesson. Peace of mind is so precious , nothing is worth jeopardizing it!!!
great info . thanks
Thanks for checking out our video. Glad it is helpful.
Are your consultations free?
Yes.
Can you get deported if you only have a green card ?
If a judge or jury finds you guilty of alien smuggling (8 USC 1324), then you may be deported. For those reasons, you should consult with an immigration lawyer before you decide to take plea deal.
The Supreme Court addressed this issue in Padilla v. Kentucky. That case requires defense counsel to advise a defendant of the immigration consequences of a plea deal. And in some cases, the Court noted--going to trial even if there is overwhelming evidence of guilt--may be a sound trial strategy in the hopes of keeping your green card.
Bottom line--speak to an immigration lawyer before you make a decision on whether to take a deal or fight your case. As the immigration lawyer to conduct a Padilla review. This will help you weigh your options.
Please help
Sure thing. My office number is 210-733-7575. Or you can email me at info@cortezdefense.com. All conversations are confidential. I will help if I can. If not, then I will point you in the write direction.