Immigration and the border
Odessa human smuggling lawyer.
Many state smuggling cases start the same way: a traffic stop on I-20 or another West Texas highway, a car with several passengers, and a driver who was promised fast money through social media or a messaging app. Since 2024, most state smuggling convictions carry a minimum of 10 years in prison, so this is not a charge to plead to quickly. What the driver knew and intended is usually the heart of the case. Call us from the Ector County jail or anywhere in Texas; we answer in Spanish or English, 24/7.
Right now
If you or a family member was arrested for smuggling.
- 01
Do not explain the trip
Who hired you, what you were told and what you knew are the central questions in the case. Do not answer them for officers, federal agents or on jail phones. Ask for a lawyer.
- 02
Do not agree to a phone search
Officers often ask to look through your phone for messages with the recruiter. You can say no. If they take the phone, they generally need a warrant to search it.
- 03
Expect federal agents to show interest
Border Patrol or Homeland Security agents may try to interview you even on a state charge, and federal charges are possible. Do not talk to any agency without a lawyer.
- 04
Families: save the messages and the job offer
Take screenshots of any ads, messages or payments tied to the job offer before accounts disappear, and give them only to the lawyer.
- 05
Ask about the vehicle
The car or truck can be seized for forfeiture, and that case has its own deadlines. If the vehicle belongs to someone else, the owner needs to act quickly.
- 06
Call us, 24/7
Our Odessa office is on Diego Road, and our Dallas line answers around the clock. The consultation is free.
Key deadlines and numbers
- Smuggling of persons, most cases
- Felony with a minimum of 10 years in prison, since February 2024Source: Tex. Penal Code 20.05
- With a child, a weapon, injury or death
- Higher felony levels, up to first degree: 5 to 99 years or lifeSource: Tex. Penal Code 20.05
- Operating a stash house
- A separate felony, with penalties also raised in 2024Source: Tex. Penal Code 20.07
- Evading police in a vehicle
- At least a third degree felony: 2 to 10 yearsSource: Tex. Penal Code 38.04
- Federal charge for similar conduct
- Transporting for profit: up to 10 years per person; more with injury or deathSource: 8 U.S.C. 1324
Texas law
How Texas law treats smuggling of persons.
Smuggling under Penal Code 20.05 is not the same as human trafficking. Smuggling is about moving or hiding people to avoid law enforcement; trafficking is about forcing people into labor or sex and is a separate chapter. Texas raised smuggling penalties sharply in a 2023 special-session law, also numbered SB 4, that took effect in early 2024.
| Offense | Level | Range of punishment | Notes |
|---|---|---|---|
| Smuggling of persons (20.05) | Felony | Minimum of 10 years in prison in most cases since February 2024 | Transporting someone to hide them from police or flee from police, or hiding or sheltering people so they can stay in violation of federal law |
| Smuggling with aggravating facts (20.05) | Higher felony, up to first degree | Up to 5 to 99 years or life | For example a child under 18, a firearm, a dangerous way of transporting people, or serious injury or death |
| Continuous smuggling of persons (20.06) | Second or first degree felony | 2 to 20 years, or 5 to 99 years or life when aggravated; minimums raised in 2024 | Smuggling on two or more occasions over a period of time |
| Operation of a stash house (20.07) | Felony | Minimum of 5 years in prison in most cases since 2024 | Using or allowing a house, room or vehicle to be used to hide people being smuggled |
| Evading arrest in a vehicle (38.04) | Third degree felony or higher | 2 to 10 years; more when someone is hurt or the flight is tied to smuggling | Often added when a driver does not stop for police |
Knowledge and intent are the case
The State has to prove you knowingly transported people with intent to hide them from police or to flee, or that you helped people stay in the country by hiding or sheltering them. A driver hired to 'pick up workers' who did not know their status, or did not try to hide anyone, has a defense to build.
Source: Tex. Penal Code 20.05Recruited online, charged in person
Smuggling organizations recruit young drivers through social media and messaging apps with offers of fast cash per passenger. The messages that recruited you can be evidence for you or against you, so they have to be handled with care.
Smuggling is not trafficking
Human trafficking involves forcing someone into labor or sex. Some people charged with smuggling were themselves pressured or threatened by the organization, which can matter to the defense and, for non-citizens, to immigration options.
Source: Tex. Penal Code ch. 20AFederal charges can overlap
The same trip can be charged federally under 8 U.S.C. 1324, and cases from the Permian Basin go to the Western District of Texas, Midland-Odessa Division. Prosecutors decide which system takes the case, and sometimes both do.
Source: 8 U.S.C. 1324How we work
How we defend a smuggling charge.
Mr. Estrada reads the file and sets the strategy. Our associates and bilingual staff work the case with him from Odessa and Dallas, and we keep your family informed in Spanish or English.
01
Take apart the stop
We get the dashcam and bodycam video, the dispatch records and the stated reason for the stop. A stop for a minor traffic violation that turns into a long detention without new suspicion can be challenged.
02
Examine every search
Consent to search the vehicle or a phone has to be voluntary, and phones generally require a warrant. Evidence from an unlawful search can be suppressed.
03
Build the knowledge defense
We go through the messages, the job offer, the payment and the timeline to show what you actually knew and intended when you got behind the wheel.
04
Find out what the passengers said
Passengers are usually interviewed by agents and may be removed from the country quickly. Their statements, and whether they can be found, can shape the case, so we move fast.
05
Coordinate the state and federal sides
We watch for federal interest from the first day so a statement or plea in one system does not hurt you in the other.
06
Handle the vehicle and the immigration side
We advise on the forfeiture case for the vehicle and, for non-citizens, work with immigration counsel, because immigration law treats smuggling very seriously.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He helped bond my brother out of jail, kept us updated and went above and beyond to get his case dismissed.”Questions people ask after a smuggling arrest.
- What does this mean for my immigration status?
- For a non-citizen, smuggling is a deportation ground and, in most cases, an aggravated felony under federal immigration law, even for a first case. Immigration counsel needs to be involved early.
- What happens to the car?
- The State can ask a court to forfeit a vehicle used in the offense. An owner who did not know how it would be used may have a defense, but the forfeiture case has its own deadlines.
- What about my CDL, job and gun rights?
- A felony conviction can disqualify a CDL, especially if a commercial vehicle was used, and it ends the right to possess firearms under federal law. Many oilfield and trucking employers also screen for felonies.
Dallas and Odessa
Smuggling cases in Odessa, Midland and the Permian Basin.
Our Odessa office on Diego Road serves the Ector County jail and courthouse. Smuggling stops happen on I-20 between Pecos, Monahans, Odessa and Midland, and on highways coming north from the border such as US-385 and US-285. State cases are filed in the county where the stop happened, so a case may be in Ector, Midland, Ward, Reeves or another West Texas county. Federal cases from this area go to the Western District of Texas, Midland-Odessa Division. From our Oak Cliff office we also handle smuggling arrests in the Dallas area.
FAQ
Questions people ask.
What is the punishment for human smuggling in Texas?
Since February 2024, most state smuggling convictions carry a minimum of 10 years in prison. The punishment rises when a child is involved, someone is hurt or killed, a firearm is used, or the smuggling is ongoing. The exact range depends on the facts charged.
I was only the driver. Can I still be charged?
Yes. The driver is usually the person charged. The key questions are what you knew about the passengers and whether you meant to hide them from police or flee. That is where a defense is built.
Is smuggling the same as human trafficking?
No. Smuggling is moving or hiding people to avoid law enforcement. Trafficking is forcing someone into work or sex. They are separate crimes with separate penalties, even though the words get mixed up, especially in Spanish.
Will my case be state or federal?
It can be either, or both. State officers usually make the arrest, and federal agents may take the case under 8 U.S.C. 1324. We prepare for both from the first day.
Can I get probation for smuggling?
It is much harder than it used to be because of the 10-year minimum in most cases. Whether any option exists depends on the exact charge and the facts, which is why the first weeks of the case matter so much.
Do you have an office near Odessa?
Yes. Our Odessa office is at 2860 Diego Rd. Call 432-315-3392, or 214-331-4400 at any hour for an arrest. The consultation is free, and we discuss the fee and payment options up front.
Related situations
- Alien smuggling and transporting (1324)
- Texas SB 4 illegal entry charges
- Immigration consequences of a charge
- Jail release, bond and warrants
- Federal arrest and detention hearing
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.