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Joseph Francis Hoelscher II
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Joseph Hoelscher’s Answers

100 total


  • Criminal record

    Where can i get my criminal record

    Joseph’s Answer

    If you need a criminal record for one county, then go to the District Clerk's office. If you need it statewide, then Texas DPS will allow you to order it through their website. Nationally, the easiest way is through a company like US People Search, where you can order it online. However, if you need it for court, the best way is to go to the county in which you were arrested and get a certified copy from the clerk.

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  • Can i get in a program if revoked probation

    i dont know what to do i had a 1st degree that got droped to 2nd degree POSS CS PG 1 >=4G<200G with 8 years probation i did 9 months and i scerwed up now i got warrants and dont want to run but i dont want to go to TDC is there any way i can get i...

    Joseph’s Answer

    Call a local lawyer. They'll know what programs are available and what the judge might do. It probably depends on why you violated probation. They should also make it easier to turn yourself in and handle the warrants.

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  • Warrants for fenony probation first time offense

    i dont know what to do i had a 1st degree that got droped to 2nd degree POSS CS PG 1 >=4G<200G with 8 years probation i did 9 months and i scerwed up now i got warrants and dont want to run but i dont want to go to TDC is there any way i can get i...

    Joseph’s Answer

    Motions to Revoke Probation are very dependant on the court. You need to consult a lawyer familiar with your court. They'll know what programs are available that might help.

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  • Boyfriends in jail facing dui and aviating arrest with an ice hold what are chances of ice realizing him once they take custody

    never been deported before im due with are child in 3 weeks talked to his lawyer she said once he finished his sentence here ice will come get him and she told me he wouldn't get deported because he did not commit a felony they would just ask him ...

    Joseph’s Answer

    Immigration practice is always changing. You want a lawyer with criminal and immigration experience, but most of us have that in San Antonio. You can consult an immigration lawyer separately, too. In fact, we usually send our clients who are in this situation to immigration lawyers for consultation. That said, my DWI clients with ICE holds are normally released pretty quickly. DWI isn't considered a crime of violence so even on felony DWI convictions, I've had clients released by ICE.

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  • How long do they have to indict me and isn't that called motion to suppress when they have no name and wrong address on warrant?

    My husband and I got our house raided in march and they found meth we bonded out and haven't heard anything how long do they have to indict us and on search warrant they did not have our names on it and it had the wrong address. Isn't that motion ...

    Joseph’s Answer

    The length of time they have to indict/charge y'all depends on the specific charges but even if you get charged with a misdemeanor (which is unlikely), they have 2 years. Most felonies start at 3 years to indict.

    However, if the warrant is for the wrong address, then you should definitely contact a lawyer. In fact, consider talking to a civil plaintiff's attorney to see if you can sue. In this type of situation, a criminal lawyer may be able to prevent y'all from being charged, too. I would start interviewing attorneys immediately. Although what you believe is a bad address may not be fatal to the State's case, that is a pretty big issue to explore. If the warrant is actually bad, it may be obvious enough that the State will reject the charges. Good luck!

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  • What happens if they revoke PR bond for dwi. 15 in Texas?

    I can't afford to comply with conditions such as home monitoring device and monthly fees plus I have no transportation my public defender suggested me to revoke and serve time is this good advice? do they issue a warrant for my arrest if they revo...

    Joseph’s Answer

    One way to avoid losing your bond is to take a plea deal, which is what your lawyer may be suggesting. I don't know El Paso from recent experience but jail sentences on DWIs are often light in many counties. For example, I've gotten time served offers in a few counties and 30 day sentences in many counties. To put that 30 days in perspective, many counties give "good time" credits so the actual time you spend in jail may be minimal. It would be 10 days for most folks in Bexar County, for example, plus credit for the time you spent in jail when you were arrested. Also, work release and house arrest are options to make a jail sentence easier. For some clients, jail is preferable to probation which is at least as expensive as your PR bond.

    If you take a plea and get sentenced, then your bond conditions will cease when your bond terminates. This will not affect the bondsman except that his liability will cease. If you get terminated for non-compliance then that may affect the bondsman, particularly if you don't turn yourself in or get arrested. So, taking a plea may be your best bet.

    However, if you want to fight your case, then you need to ask your lawyer about amending your bond conditions. I don't know if there is something less expensive than home monitoring, but ask what he can do to help. A DWI conviction is forever so be sure you can't handle your bond or waiting in jail before you get one. Definitely talk to your lawyer about all of this.

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  • Can I retry or appeal the judges decision?

    A year and a half ago I went to trial for Arson(F2). The only evidence was my original statement. My original statement was given at home by me in my own handwriting with an officer present. A few months later, the fire marshall asked me to come i...

    Joseph’s Answer

    If you want to challenge the conviction, then you will need to file a writ. You will need a lawyer for that and should consult multiple attorneys before hiring. Don't limit yourself to your geographic area, either, experienced appellate/post-conviction attorneys work statewide since it's mostly paperwork. However, do hire the most experienced person you can afford.

    Another option might be to request a modification of the terms and conditions of your probation. A local attorney would be your best bet here because you want someone familiar with the judge. This route is generally less expensive and faster, although it won't undo a conviction. Often, judges will reward good probationers by making their probation easier. There is also the possibility for early termination from probation for this offense. It's something to consider.

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  • Need help with traffic warrents can I get a quote on how much and what to do

    Galveston Houston Pasadena

    Joseph’s Answer

    This really isn't the right place to get quotes and without knowing more, there's no way to give you a good quote. Most ticket lawyers will give quotes on the phone. Although some lawyers handle tickets statewide, I find that local lawyers are generally the best because ticket courts can be quirky. However, good ticket lawyers often save their clients money by getting fines reduced and making sure their clients avoid DPS surcharges or points on your license. I find them to be a good value and there are many with websites that include client reviews. Good luck!

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  • Is there any way to reopen a rape charge ?

    My brother in law just recently got transferred to TDC for a rape charge. When he was in County he was fighting the rape charge and agg. robery. The agg. robbery got dismissed after proving his innocence. Him and the mother of his child always had...

    Joseph’s Answer

    Reopening a case after a plea is tough, technical work. You want a lawyer who has done it before. First, there is a 30 day window from the date of the sentencing to reopen the case. After that, he'll need a writ filed and those are very expensive. During the 30 days, a lawyer could file a motion to reconsider, a motion for new trial, an appeal, or some combination. That decision is way to complex to give you good guidance here. You will need to consult an attorney, preferably a few of them, and quickly make a decision to hire. If you wait until the end of the 30 days, it will be tougher for the lawyer and may cost more. Start by talking to the lawyer who represented him on the plea. He may be willing to file some of this and extend the timeline while you try to hire.

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  • 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 ?

    in mission hidalgo county im 17 and attending school

    Joseph’s Answer

    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 stop a warrant, he may be able to help with the bond by arranging a lower bond. In many counties, you need a lawyer just to get a bond set. Ortherwise, you will be unable to bond out. You also want a lawyer to advise you on approaching the PO (you are required to report this, I'm sure) and to handle the MTR itself. As for the final outcome, it could range from nothing happening to alcohol treatment to jail time. A lawyer can help guide that towards something you can live with. Generally, lawyers don't charge as much for MTRs and I know we often save our clients money. For example, after getting a low bond set and maybe avoiding more expensive monitoring, you could save hundreds of dollars. So, MTRs are a good place to invest in an attorney. He can probably help with that PI, too.

    Good luck!

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