Joseph Francis Hoelscher II’s Answers

Joseph Francis Hoelscher II

San Antonio DUI / DWI Attorney.

Contributor Level 11
  1. Can a person who is awaiting trial be affected by stronger new law that just passed?

    Answered 3 months ago.

    1. Joseph Francis Hoelscher II
    2. Larry Forman
    3. Ted Harvatin
    4. M Elizabeth Gunn
    5. John M. Ogden
    5 lawyer answers

    Generally, no, criminal laws cannot be applied retroactively, although exceptions do exist. Since this person has already been charged under the current version of the law, the sentencing range should remain the same. However, this person ought to be consulting his lawyer since he's got a trial date coming up.

    17 lawyers agreed with this answer

  2. How can I get the video recording of my DWI arrest in Texas?

    Answered 5 months ago.

    1. Joseph Francis Hoelscher II
    2. Jay Scott Finnecy
    3. Cynthia Russell Henley
    4. Derek Anthony Patrin
    5. Traci Leah Fann
    6. ···
    7 lawyer answers

    If your lawyer has the video, then ask for a copy. We are obligated to provide such information to clients in Texas. If you do not have a lawyer and you are doing this on your own for some reason, then A) HIRE A LAWYER PRONTO and B) use an open records request to the arresting agency. This may also help you if you are concerned about offending a lawyer you may already have hired (BTW, that's a bad sign). You can make an open records request by contacting the agency that arrested you (Cedar...

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  3. Need help obtaining a family inheritance.

    Answered 3 months ago.

    1. Cristin Jenise Silliman
    2. Richard Allan Heller
    3. Angel J Silvestrini
    4. David Michael Goldman
    5. Joseph Francis Hoelscher II
    6. ···
    6 lawyer answers

    You should contact a probate or estate attorney. They can refer you to a tax lawyer, if needed.

    10 lawyers agreed with this answer

  4. My mother was arrested for a DWI 10 years ago. Last month she got her 2nd DWI. But before going to court, she now has a PI.

    Answered 3 months ago.

    1. Joseph Francis Hoelscher II
    2. Cynthia Russell Henley
    3. Robert Carroll Pate Jr.
    4. Larry Forman
    4 lawyer answers

    So, there are a number of possibilities based on the facts of her cases, the court she's in, and whether she wants some kind of treatment or not. Generally, she will be looking at some type of probation and a conviction for the DWI. Her third DWI, if were to get one, would be a felony. The PI is the same offense level as a traffic ticket and will likely be dismissed after paying a fine. Many judges on the DWI will see the PI as demonstrating a pattern of alcohol issues and will want some type...

    6 lawyers agreed with this answer

  5. What can happen if I was on probation for a dwi and I get a pi , will I get a revoke probation ? or what can happen ?

    Answered 3 months ago.

    1. Joseph Francis Hoelscher II
    2. Richard Timothy Jones
    3. Thomas C. West
    4. Daniel M. Mehler
    4 lawyer answers

    Maybe. Since you aren't supposed to be drinking on probation, they can definitely seek to revoke you. The actual decision to request an MTR is made by the probation officer and the district or county attorney's office will file it in court. The judge makes the final decision. So, there are multiple people involved. A good criminal lawyer can help, especially if involved early. Maybe the issue can be dealt with using a Pre-MTR court setting, so you can avoid a warrant and bond. If he can't...

    5 lawyers agreed with this answer

  6. Will I do jail time for public Intoxication?

    Answered 5 months ago.

    1. Joseph Francis Hoelscher II
    2. Michael Douglas Shafer
    3. James Roy Dickinson
    4. Joseph Briscoe Dane
    4 lawyer answers

    PI is usually a fine only offense. If they didn't take you in to sober up, then you are probably fine. Call a lawyer locally. These cases are generally very reasonably priced.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. On Sunday June 1st, my wife and I got into an argument that resulted in her hitting me (not that hard) on the right arm.

    Answered 5 months ago.

    1. Joseph Francis Hoelscher II
    2. Robert Werner von Dohlen
    3. James J White
    4. Tyler John Woudwyk
    4 lawyer answers

    The good news is that a Class C Assault is a very minor offence and shouldn't affect her nursing license, based on my prior experience with higher level assault cases and the Board of Nurses. The bad news is that she can still end up with an affirmative finding of family violence, which is a big problem. Affirmative findings of family violence label a person as domestically abusive and carry a number of collateral consequences. For example, she would not be allowed to own or possess a firearm....

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Pre-trial Diversion or request reckless driving for a DWI

    Answered 5 months ago.

    1. Joseph Francis Hoelscher II
    2. Macy Michelle Jaggers
    3. Bobby Dale Barina
    4. Cynthia Russell Henley
    4 lawyer answers

    The option to offer alternative charges such as Reckless Driving rests solely with the prosecutor. Some do it but most do not. The Pre-Trial Diversion guarentees he won't have a conviction and will be able to expunge his record, IF HE COMPLIES WITH THE CONDITIONS. It is definitely better than pleading guilty and getting a conviction. However, if the case is strong, and no blood/no breath cases generally are, then y'all should discuss the possibility of a trial with your lawyer. There is more...

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  9. I am curious to see if Texas is lenient on 3rd DWI charge. ( the third with kids in the car at 1 am. )

    Answered 3 months ago.

    1. Joseph Francis Hoelscher II
    2. Cynthia Russell Henley
    3. Daniel M. Mehler
    4. Christopher M. Lankford
    4 lawyer answers

    I can only speak to the courts that I've practiced in. However, I handle DWIs all over Texas. Most judges will give probation on a third DWI. Most will be looking for the client to complete some type of treatment, often in a lock-down facility. Some will give prison time. The sentence often depends on how much of a risk the client seems to be, so getting treatment prior to sentencing and getting a good recommendation from an expert, such as a LCDC, is important. Juries are less consistent in...

    4 lawyers agreed with this answer

  10. Is being in pc lockdown in jail day by day or 2 for 1 for a DWI jail sentence in TX

    Answered 3 months ago.

    1. Joseph Francis Hoelscher II
    2. Daniel M. Mehler
    3. Julia E. Simmons
    3 lawyer answers

    Unfortunately, good time policies in Texas vary by county and each jail will calculate time credits differently. However, most criminal attorneys in the local county should know what their jail is doing. You should call a criminal defense lawyer in El Paso although I'm surprised the jail won't tell you their policy.

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