Joseph Francis Hoelscher II’s Answers

Joseph Francis Hoelscher II

San Antonio DUI / DWI Attorney.

Contributor Level 10
  1. How can I get the video recording of my DWI arrest in Texas?

    Answered about 2 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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  2. Will I do jail time for public Intoxication?

    Answered about 2 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

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  3. 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 about 2 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

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

    Answered about 2 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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  5. Does the smell of marijuana give a cop probable cause to enter and search an apartment?

    Answered over 5 years ago.

    1. Cynthia Russell Henley
    2. Joseph Francis Hoelscher II
    2 lawyer answers

    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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  6. 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,

    Answered over 2 years ago.

    1. Joseph Francis Hoelscher II
    2. John Wesley Hall Jr.
    2 lawyer answers

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

    Answered over 2 years ago.

    1. Joseph Francis Hoelscher II
    2. M Elizabeth Foley
    3. Cynthia Russell Henley
    3 lawyer answers

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

    Answered over 2 years ago.

    1. Joseph Francis Hoelscher II
    2. Robert David Richman
    2 lawyer answers

    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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  9. When convicted for a 2nd DWI what is the typical punishment regarding the IID device?

    Answered over 2 years ago.

    1. Gene Raymond Beaty
    2. Joseph Francis Hoelscher II
    3. Cynthia Russell Henley
    3 lawyer answers

    I don't want to repeat what the others have said. They are correct. However, some judges will take into account IID compliance at sentencing. Usually, it comes up when a judge increases punishment because of violation reports from the IID company. I have had judges give lighter sentences for some of my clients who spent a long time being monitored with no violations before their sentencing. That didn't directly affect the length of time they had to be monitored while on probation, but by...

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

    Answered over 2 years ago.

    1. Joseph Francis Hoelscher II
    2. Kelly Denise Benavides
    3. Nicholas Charles Flint
    3 lawyer answers

    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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