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Joseph Francis Hoelscher II
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Joseph Hoelscher’s Legal Cases

13 total


  • Assault - Bodily Injury, Married

    Practice Area:
    Criminal Defense
    Date:
    Oct 31, 2008
    Outcome:
    Dismissed
    Description:
    Domestic violence case in which husband was accused of beating and choking his wife on three occasions in one evening, with children present as witnesses. Wife never denied her story and gave two separate statements to prosecutors. We argued that she instigated events to frame her husband prior to instituting a divorce and child custody proceedings.
  • Possession of Marijuana 4oz-5lbs

    Practice Area:
    Criminal Defense
    Date:
    Feb 05, 2009
    Outcome:
    Dismissed
    Description:
    Client allegedly called police in response to a burglary at the marijuana grow house in which she was staying. Police allegedly found her there with numerous small plants in a hydroponic lab. No further charges were filed after this case was dismissed.
  • Driving While Intoxicated

    Practice Area:
    DUI & DWI
    Outcome:
    Hung Jury (2-4)
    Description:
    Client was accused of committing a DWI after, on video, admitting to drinking alcohol, stumbling out of his car and nearly knocking the officer into highway traffic, assuming the arrest position without being asked when he got to the rear of the vehicle, and falling asleep during the field sobriety tests. We argued that M.V. was simply tired and the arresting officer was so concerned about being hit by a vehicle (as had occurred to him once before) that he did not conduct a proper investigation.
  • America's Most Wanted Fugitive, Extradition

    Practice Area:
    Criminal Defense
    Date:
    Dec 18, 2008
    Outcome:
    Dismissed
    Description:
    Client was arrested after being featured on America's Most Wanted. She was a fugitive for 8 years after being charged with multiple counts of child molestation in Indiana. She was charged in Texas, when arrested, for presenting a false identity to law enforcement. The first attempt by the State to extradite her to Indiana was defeated on technical grounds, but, after the Failure to ID case was dismissed, she decided to return to Indiana to see her family with whom she had no contact while she fled with her husband.
  • Criminal Mischief - Desecration of a Public Monument (The Alamo)

    Practice Area:
    Criminal Defense
    Date:
    Mar 24, 2009
    Outcome:
    Dismissed
    Description:
    Client was charged for urinating, at length and in front of a State Trooper, on the front of the Alamo in Downtown San Antonio. His felony case was dismissed, despite negative media coverage, after we argued that urination did not result in perceptible damage to the Alamo, that the client did not voluntarily urinate on the Alamo, and that Ozzy only got a ticket (though the City Council later banned him from San Antonio).
  • Aggravated Assault w/ a Deadly Weapon, Enhanced

    Practice Area:
    Criminal Defense
    Date:
    Sep 08, 2008
    Outcome:
    Not Guilty
    Description:
    We successfully argued to a jury that M.L. was framed by the alleged victim through the use of the State's own forensic evidence and a carefully constructed timeline of events. Client was facing a minimum 25 years, if convicted.
  • Driving While Intoxicated

    Practice Area:
    DUI & DWI
    Date:
    Jul 15, 2009
    Outcome:
    Hung Jury (3-3) - Dismissed
    Description:
    Cased was dismissed after a hung jury, despite the client's admission to drinking 3 very large cups of vodka and sprite and eating only chips and salsa after he got fired. Our strategy focused on detailed examination of the arresting officer's Standardized Field Sobriety Testing procedures. Also, he didn't want to testify a second time.
  • "It looked like Beirut" - Not Guilty

    Practice Area:
    Criminal Defense
    Date:
    Mar 15, 2010
    Outcome:
    Not Guilty, Guilty (pending appeal)
    Description:
    In a case that was heavily reported by local media, our client was acquitted of a shooting outside Stacy's Sports Bar in which it was alleged that he had been involved in shooting four people, two fatally. He was positively ID'd by three people as one shooter and was on video. Originally charged with capital murder, our client was eventually tried on two counts of aggravated assault with a deadly weapon. The jury found him not guilty of actually shooting anyone but found that he had attempted to shoot one of the survivors. Neverheless, they awarded less than half the time the State requested despite hearing his extensive criminal history. Although found guilty on the second charge, our client was released within a week, pending his appeal. The co-defendant, whose attorney is now a District Judge, was given two life sentences.
  • Heroin with Intent to Deliver

    Practice Area:
    Criminal Defense
    Date:
    May 17, 2010
    Outcome:
    Not Guilty
    Description:
    Client was found in possession of 16 balloons of heroin after driving a truck into a residence. Afterwards, jurors requested my business card.
  • Aggravated Assault, Deadly Weapon

    Practice Area:
    Criminal Defense
    Date:
    Jul 06, 2010
    Outcome:
    Not Guilty
    Description:
    The alleged victim claimed that our client stabbed him twice after starting a fight over his ex-wife. We argued self-defense and asked the jury for a fast verdict. They returned in about 30 minutes and asked the prosecutors to arrest the victim.