Federal Criminal Defense Lawyer in San Antonio and El Paso

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If federal agents have contacted you, or you have been charged in federal court, talk to a lawyer before you talk to anyone else. West Texas Trial Lawyers defends federal criminal cases in the Western District of Texas, including the San Antonio and El Paso divisions. Calls are answered 24/7. The first consultation is free and confidential.

Every lawyer at our firm prosecuted cases for the State of Texas before defending them. Founding attorney Adam Setra is admitted in all four federal districts of Texas (Northern, Southern, Eastern, and Western) and in the District of New Mexico.

Where are federal criminal cases heard in El Paso and San Antonio?

Both cities are divisions of the U.S. District Court for the Western District of Texas. Federal cases are not heard at the county courthouse.

El Paso Division

The El Paso Division sits at the Albert Armendariz, Sr. U.S. Courthouse, 525 Magoffin Ave., El Paso, TX 79901. Our principal office is at 1005 N Mesa St, El Paso, TX 79902. Call (915) 279-0000.

San Antonio Division

The San Antonio Division sits at the U.S. Courthouse, 262 W. Nueva St., San Antonio, TX 78207. Our San Antonio office is at 40 NE Interstate 410 Loop Suite 100 Ofc G10, San Antonio, TX 78216. Call (210) 401-1000.

How is a federal case different from a state case?

A federal case is investigated by federal agents, prosecuted by the United States, and sentenced under federal law. Release rules and sentencing differ from a state case.

Stage

Texas state case

Federal case

Who investigates

Local police, sheriff's office, or state troopers

Federal agencies such as the FBI, DEA, Homeland Security Investigations (HSI), and U.S. Customs and Border Protection (CBP)

Who prosecutes

District attorney (34th Judicial District in El Paso; Bexar County Criminal District Attorney in San Antonio)

Federal prosecutors (U.S. Attorney's Office for the Western District of Texas)

First appearance and release

Magistrate within 48 hours; bail set (CCP art. 15.17)

Release or detention decided under 18 U.S.C. §3142

Felony charge

Indictment

Grand jury indictment

Sentencing

Statutory ranges (Penal Code §§12.21–12.35)

Statutory ranges plus the advisory U.S. Sentencing Guidelines

Parole

Possible, depending on the offense

No parole

The grand jury and the indictment

Federal felony charges come by grand jury indictment. The grand jury hears from the prosecutor and agents. The defense does not present its side there.

The detention hearing under 18 U.S.C. §3142

After a federal arrest, the court decides whether you are released before trial or held (18 U.S.C. §3142). In some drug and firearm cases, the law presumes detention. Family can help by gathering proof of work, residence, and community ties.

The U.S. Sentencing Guidelines

Federal judges must consider the U.S. Sentencing Guidelines. The Guidelines are advisory, not mandatory. They produce a recommended range based on the offense and the person’s history. How they are applied is often disputed.

Plea agreements

A plea agreement is a written deal with the government. It can address which counts are dismissed, which facts are admitted, Guidelines calculations, and appeal rights. Read every term with your lawyer before you sign.

What federal charges are common in El Paso?

Because El Paso sits on the border, many federal cases here involve immigration, drug importation, and firearms.

Illegal reentry after removal (8 U.S.C. §1326). The government must prove a prior removal and a later return without permission.
Smuggling, transporting, or harboring noncitizens (8 U.S.C. §1324).
Importing controlled substances (21 U.S.C. §§952, 960).
Firearms offenses (18 U.S.C. §922). This includes possession by a prohibited person, such as someone with a misdemeanor domestic-violence conviction (18 U.S.C. §922(g)(9)).

Drug cases can be charged in state or federal court. Our drug crimes defense page covers Texas drug charges and penalty groups. We also defend federal fraud cases, including wire, bank, and mail fraud. See our white-collar and fraud defense page.

If you are not a U.S. citizen, a federal charge can affect your immigration status.

What should you do if you get a target letter or a federal agent calls?

Do not discuss the facts. Get the agent’s name and number, say a lawyer will contact them, and call us. Agent contact often comes before any charge is filed.

What to do right now

Do not answer questions. Be polite. Say, “I want to speak with my lawyer first.” Lying to a federal agent can be a separate crime.
Write down the details. Agent name, agency (FBI, DEA, HSI, CBP, or other), phone number, date, and what they asked.
Keep every paper. A target letter, subpoena, search warrant, or property receipt tells your lawyer a great deal.
Do not delete, change, or move anything. That includes texts, emails, files, and phone data. Doing so can create a new problem.
Do not discuss the case with anyone else or online.
Call us. Have your full legal name, date of birth, the agency involved, and any paperwork ready. If you don’t have all of it, call anyway.

What is a target letter?

A target letter says federal prosecutors consider you a target of a grand jury investigation. It is not a charge. Do not respond on your own.

Calling about a family member arrested by federal agents?

You don’t need to know everything. Give us the person’s full name, date of birth, and the arresting agency. The detention hearing often comes quickly, so call early.

Key facts about federal criminal defense in the Western District of Texas

Federal criminal cases in El Paso and San Antonio are heard in the U.S. District Court for the Western District of Texas. The El Paso Division sits at the Albert Armendariz, Sr. U.S. Courthouse, 525 Magoffin Ave. The San Antonio Division sits at the U.S. Courthouse, 262 W. Nueva St. Federal cases are investigated by agencies such as the FBI, DEA, HSI, and CBP. After an arrest, a judge decides whether the person is released or held under 18 U.S.C. §3142. Sentences are set within statutory limits, and judges must consider the U.S. Sentencing Guidelines, which are advisory. Border-related charges common in El Paso include illegal reentry (8 U.S.C. §1326), alien smuggling or transporting (8 U.S.C. §1324), drug importation (21 U.S.C. §§952, 960), and firearms offenses (18 U.S.C. §922). West Texas Trial Lawyers has offices in El Paso and San Antonio. Attorney Adam Setra is admitted in all four Texas federal districts and the District of New Mexico.

Why work with former prosecutors on a federal case?

Former prosecutors know how a case is built. Every lawyer at West Texas Trial Lawyers prosecuted cases for the State of Texas before defending them. Adam Setra was a prosecutor in the 34th Judicial District Attorney’s Office, which covers El Paso, Hudspeth, and Culberson counties.

We test how agents gathered evidence and whether the facts support every element.

Full service in Spanish: Le atendemos completamente en español.

Our number one goal is to get the case dismissed. You can read client-reported outcomes on our case results page. As reported by clients in public Google reviews. Every case is different. Past results do not guarantee future outcomes.

See how criminal cases move through Texas courts in our Texas criminal defense overview.

Meet Our Team

Adam Setra

Attorney

Criminal Defense

Frequently asked questions about federal criminal defense

Is a federal charge more serious than a state charge?

It can be. Federal cases are often investigated for months before an arrest, judges must consider the U.S. Sentencing Guidelines, and there is no federal parole. The real answer depends on the statute charged, your history, and the evidence.

Do I have to talk to an FBI or HSI agent who shows up at my door?

No. You can politely decline to answer questions and say you want to speak with a lawyer first. Do not lie to an agent, because a false statement can be its own federal crime. Take the agent's card, write down what they asked, and call a criminal defense lawyer before any further contact.

What happens at a federal detention hearing?

A federal judge decides whether you are released before trial or held, under 18 U.S.C. §3142. The judge considers the charge, the evidence, your history, and your community ties. In some drug and firearm cases the law presumes detention, and the defense must offer evidence to overcome it.

Are the federal Sentencing Guidelines mandatory?

No. The U.S. Sentencing Guidelines are advisory. Judges must calculate and consider the Guidelines range, but they can sentence above or below it within the limits set by the statute of conviction. How the Guidelines are calculated is often disputed.

What is the difference between a target letter and a subpoena?

A target letter tells you prosecutors consider you a target of a grand jury investigation. A subpoena orders you to produce records or testify. Neither is a criminal charge. Both are serious. Talk with a lawyer before you respond, and do not destroy or change any records.

Does your firm handle federal cases outside El Paso and San Antonio?

Often, yes. Adam Setra is admitted in all four federal districts of Texas (Northern, Southern, Eastern, and Western) and in the District of New Mexico. Our offices are in El Paso and San Antonio. Tell us where your case is filed, and we will tell you whether we can help.

Can I call for a family member arrested by federal agents?

Yes. You don't need to know everything. Have the person's full legal name, date of birth, and the arresting agency if you know it. If details are missing, call anyway. We can help find where the person is held and prepare for the detention hearing.

How much does a federal criminal defense lawyer cost?

It depends on the charge, the amount of evidence, and whether the case goes to trial. Your first consultation with West Texas Trial Lawyers is free and confidential, and payment plans are available. We will explain the fee before you decide anything.

Talk to a federal defense lawyer today

If an agent has contacted you, if you received a target letter, or if someone you love was arrested by federal agents, call now. Calls are answered 24/7. The first consultation is free and confidential.

You can also request a free consultation online.

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