Joseph Francis Hoelscher II's Answers

I am being investigated by a US attorney from New Jersey. I am aTexas resident. If I am charged and the case goes to trial,

Mr. Hall is correct. The proper jurisdiction and venue could be New Jersey. In fact, it is unlikely that an AUSA would initiate an investigation into somebody he can't charge in his district. If they felt it was helpful to their case, though, they could transfer part of it to Texas, depending on the evidence involved.

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Hello I was on deferred adjudification for a felony theft. 3years probation. Started oct. 2009.

You can petition the court for early termination. This will save you time and money. Some courts will do it without a lawyer, but most lawyers charge very reasonable fees for early terminations, so it won't hurt to consult one. Unfortunately, you have to wait 5 years from the discharge of your probation and dismissal of your case to petition for an order for non-disclosure in a felony case. Additionally, various state agencies, such as licensing agencies, will still have access to your record,...

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Can I get a break on my 5th dwi ? Treatment, probation?

There is hope but you are going to need to either beat the DWI or put on a very strong sentencing argument. How much hope you've got will vary according to your court. Bexar County has some judges who are more lenient than others when it comes to veterans and substance abuse. You need to consult a lawyer who has handled these kinds of cases before. Your prior history is a major problem. The only way to overcome that at sentencing is to bring in the people you've worked with and have them...

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Could "defferred adjutication" on a 2nd speed ticket keep both ticketsoff his record and off the insurance.

The defensive driving will clear one ticket, if he gets it done. Deferred adjudication, or deferred disposition (if you are in San Antonio Municipal Ct), will keep the second one off his record, if he completes the terms of probation.

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Does the smell of marijuana give a cop probable cause to enter and search an apartment?

Yes, the smell of marijuana may create probable cause, particularly if it is very strong or there is some indication that its use is ongoing (like smoke or the sound of a bong). However, there are a number of legal issues raised by your explanation outside of the specific question that you asked. You also need to be aware that the officer may have evidence beyond smell alone. You need an attorney to check on that and give you a more detailed analysis than I can give you in this format. Good...

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Will a good DWI attorney be able to overcome admission of "enough" and "quite a bit" to drink in a DWI Trial?

A good criminal defense/DWI lawyer will know how to deal with those statements, whether by mitigating their damage, getting a judge to suppress them, or causing a jury to focus on other evidence. Context is very important, however, because the effect of these statements and the proper strategy for dealing with them depends on facts we don't from the question. For example, judges rarely suppress these kinds of statements in San Antonio. These kinds of admissions rarely come in what our judges...

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If I am unhappy with my current lawyer, and would like to hire a new lawyer, am I required to notify my current lawyer?

There is no legal requirement for you to notify your current lawyer, unless the contract you signed with him requires it. You need to review that contract carefully. Generally, when I have been retained by clients who are dissatisfied with their attorneys, I am willing to contact the previous attorney and inform him. I consider it part of professional courtesy to let him know in person and even to try to get in touch with him BEFORE I take the case (assuming the client allows it). I like to...

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Criminal Defense

There are two reasons we get Affidavits of Non-Prosecution (ANP). One is to encourage the prosecution to back off. The other is to nail down testimony for later use. If the ANP is well-drafted and contains enough information helpful to the defense, then the case may be dismissed. This is especially true when the State needs the affiant (person who signed the ANP) as a witness. For example, in many family violence cases, the only witness is the victim. If the victim signs an ANP and...

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14 years old, Auto theft, Placement time/Penalty

This will depend on a variety of factors but given that you stole a vehicle and had an alcohol offense (a serious one, you could easily be recharged as DWI) in a short period of time, you have some problems to overcome on sentencing. You need to consult a lawyer and one should've been appointed to you. That's the person you should go to for these questions. If you just want a second opinion, make an appointment to discuss it privately.

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Can I get an expundment on a drug charge In Texas?

Generally, if you were sentenced to prison or jail, then you have a conviction and cannot expunge your record. In fact, even after straight probation or deferred adjudication probation, Texas does not allow for an expunction, unless you get pardoned by the Governor. You may still be eligible for an Order of Non-Disclosure which could seal your record, if you were sentenced to deferred and the time you did was while you were waiting for your case to be disposed of and wasn't part of the actual...

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