The issue of illegal immigration has become a highly publicized and contentious issue in recent years, especially in Texas and New Mexico, which share a border with Mexico.
Due to an uptick in political discourse regarding immigration policies, many government agencies have been tasked with identifying and prosecuting even the tiniest infractions, including the local government, the U.S. Border Patrol, the U.S. Immigration and Customs Enforcement (ICE), and even the FBI. Anyone can find themselves facing illegal alien smuggling charges – even people who were just trying to do the right thing and encourage people in dangerous situations to seek out a better life.
At the Benjamin Law Firm, we understand the complex and sensitive nature of alien smuggling cases in Texas and New Mexico. What sets our team apart is our steadfast commitment to safeguarding your rights, fighting aggressively for the best possible outcome, and leveraging our expertise. Our founding attorney, Bock Morgan Benjamin is a leader in the field of state and federal criminal defense. Not only is he a former prosecutor, but he is one of few attorneys who is Board Certified in Criminal Law by the Texas Board of Legal Specialization. With comprehensive experience on both sides of the criminal justice system and an insider knowledge of the tricks and tactics that prosecutors rely on, Attorney Benjamin leverages his experience to build the strongest possible defense for every client who trusts the Benjamin Law Firm with their case.
Our firm’s reputation underscores our commitment to delivering aggressive legal representation while vigorously upholding the rights of our clients. If you or a loved one are facing illegal alien smuggling charges in Texas or New Mexico, trust the Benjamin Law Firm to fight relentlessly for the best possible outcome.
What is Illegal Alien Smuggling?
Illegal alien smuggling refers to the act of transporting, harboring, aiding, or encouraging individuals to enter or remain in the United States without proper immigration authorization. Illegal alien smuggling is primarily addressed under federal law, including the Immigration and Nationality Act (INA).
The penalties for illegal alien smuggling can be incredibly harsh, and largely depend on the number of illegal aliens involved, the extent of the smuggling, and if any other aggravating circumstances come into play. If convicted of illegal alien smuggling, an individual may face up to decades in prison, hefty fines, restitution to any victims, asset forfeiture, and even deportation.
Defenses Against Illegal Alien Smuggling Charges
Anyone facing charges related to illegal alien smuggling has rights and legal options. There are many defenses to illegal alien smuggling charges that have proven successful. An experienced criminal defense attorney can help you explore potential defenses tailored to your unique circumstances, needs, and goals. Some effective defenses to illegal alien smuggling charges include:
- Asserting Lack of Knowledge: For the prosecution to secure a conviction for illegal alien smuggling, they must prove beyond a reasonable doubt that you had actual knowledge of the immigration status of any alleged aliens involved in the smuggling act. An experienced defense attorney may be able to make a strong case that you were unaware that the aliens involved were in the country illegally. If your attorney can prove that you didn’t know the individuals were undocumented or reasonably believed they had legal authorization to be in the United States, you may have a strong defense. This is especially effective if you were presented with immigration paperwork that you had no reason to suspect was false or falsified.
- Arguing Lack of Intent: Not only does the prosecution need to show that you knew that the alleged aliens involved did not have a valid immigration status, but they must also prove that you knowingly and intentionally aided them in violating federal immigration laws. However, like knowledge, intent is notoriously hard to prove, which creates an opening to argue lack of intent. If you were misled, deceived, or unable to understand the nature or consequences of participating in illegal alien smuggling, you did not have the requisite intent.
- Making a Case for Duress or Coercion: If you were forced or coerced into engaging in illegal alien smuggling under a threat of harm to yourself or others, you can make a strong case for the defense of duress or coercion. If you committed the acts alleged to constitute illegal alien smuggling under a threat of imminent harm or injury, your attorney can show that your actions were involuntary, regardless of your actual guilt or innocence, which can allow you to avoid a conviction or receive a reduced sentence.
- Arguing Entrapment: Entrapment occurs when law enforcement persuades or induces an individual to engage in a crime that they would not have otherwise committed. If you can show that you were manipulated or coerced into participating in illegal alien smuggling, you have a strong case for entrapment. To successfully make a case for entrapment, you need to show that the government actor’s conduct was likely to induce an otherwise law-abiding citizen to commit this offense and that you weren’t predisposed to committing this kind of crime prior to law enforcement’s involvement.
- Proving a Constitutional Rights Violation: If law enforcement violated your constitutional rights at any stage of the investigation, you may be able to successfully move to suppress vital evidence, weakening the prosecution’s case significantly or even forcing them to drop the charges. In cases of illegal search, illegal seizure, or illegal arrest, violations of the Fourth Amendment, any evidence obtained as a result of these violations is inadmissible in court and must be excluded. Similarly, if you weren’t read your Miranda rights, were denied an attorney while in police custody, or were the victim of illegal coercive interrogation tactics, any statements or evidence gained become inadmissible. Moreover, if law enforcement conducted a search based on an invalid warrant or exceeded the scope of a valid warrant, any evidence found as a result may be challenged.
- Highlighting Procedural Issues: Evidentiary procedure is vital in criminal cases, and if law enforcement does not follow proper procedures in handling evidence, that evidence can be challenged. This includes issues with the chain of custody, authentication, the validity of testing, the lab conducting the testing, and any opportunities where an individual could have tampered with the evidence. Essentially, if there was any issue with the procedure of collecting, testing, identifying, authenticating, or storing a piece of evidence, you can make a strong case to exclude that evidence.
- Mistaken Identity: It’s not uncommon for individuals to face criminal accusations or charges due to mistaken identity or false allegations. If you can demonstrate that no offense took place, you weren’t involved in the alleged offense, or if you can point to another perpetrator, you may have a defense based on mistaken identity.
What the Benjamin Law Firm Can Do For You
The Benjamin Law Firm knows that there is no one-size-fits-all approach to criminal defense, and our clients are more than charges and cases. That’s why we pride ourselves on offering client-centric, responsive, reliable, and relentless representation, tailored to your unique circumstances, needs, and goals. We will stand by you every step of the way, from initial arrests to appeals. Not only will you have access to an experienced attorney every step of the way, but you’ll also have his personal cell phone number, offering unparalleled communication.
Attorney Benjamin leverages his experience as a former prosecutor to mount especially effective defenses for each and every client. He uses his insider insight into the tricks, strategies, and tactics that prosecutors use to secure convictions to weaken the prosecution’s case and reach the best possible outcome. Above all, our commitment to results means we won’t leave any avenue unexplored or any stone unturned in your case. We will collaborate with you, exploring every possible angle and avenue to mount an effective defense.
El Paso Illegal Alien Smuggling Criminal Defense Attorney
If you or a loved one are facing illegal alien smuggling charges in Texas or New Mexico, turn to the Benjamin Law Firm, a trusted expert in the field of criminal defense. We will safeguard your rights and fight aggressively for your best interests every step of the way. While trying cases is our specialty, we are also skilled negotiators and we will leverage our skills for a favorable plea offer, reduction of charges, or an outright dismissal.
With nearly decades of experience in criminal defense and a track record of successes behind us, what sets the Benjamin Law Firm apart is our level of expertise in criminal law and our steadfast commitment to aggressive advocacy. Contact us or call us at (915)-221-7462 today so we can start fighting for you today. ¡También podemos ayudarte en español!