Joseph Hoelscher

Joe Hoelscher is an award-winning criminal and family law trial lawyer whose dedication to vigorously defending his clients has earned him national recognition. Having been involved with the legal system since his mother's disappearance and murder in 1986, Joe knows how tough court is on clients and families in need of legal assistance. As a result, he has dedicated his law practice to helping his clients navigate the legal system so they can gain closure and find peace. The Hoelscher Law Office's holistic approach to client services frequently involves the use of experts and counselors to help clients develop their case while overcoming the problems that led them to be involved with the legal system, whether in civil, criminal, or federal court. Hoelscher has deliberately staffed his office with successful professionals who share in the experience of having been in court as litigants, victims, and witnesses so they can better understand their clients' needs. As a result, he has successfully represented clients in high-profile civil and criminal cases covered by outlets such as the New York Daily News, Washington Times, and America's Most Wanted. Joe is a published author and regular speaker at public events and legal seminars. He advocates a client-centered approach to legal representation and aggressive trial-oriented approach to the law. Joe is a native San Antonian, graduate of MacArthur High School, with three graduate degrees from St. Mary's University and Baylor Law School. While practicing throughout Texas, he lives in San Antonio with his wife, Melissa, and three kids, Louisa, Ceclia, and Wolfgang. He supports a variety of social causes through his pro bono legal work which focuses on children's issues, the rights of indigent accused, voters' rights, and First and Second Amendment issues.

• Domestic Violence
• Family Law
• Divorce
• DUI & DWI
• White Collar Crime
• Criminal Law
• Juvenile Law

• Free Consultation
• Credit Cards Accepted

Texas

Since 2007

Federal Western District of Texas

Since 2007

Managing Member

Hoelscher Gebbia Cepeda PLLC

2018 - Current

Trial counsel for criminal, DWI, child welfare, and family cases.

Managing Member

Hoelscher Gebbia PLLC

2017 - 2018

Attorney/Owner

Hoelscher Law Office

2007 - 2017

Owner of a small law firm focused on DWI (Driving While Intoxicated) Defense, Criminal Defense, Trial Advocacy, and Family Law.

Law Clerk

54th District Court of Texas

2006 - 2007

Law clerk for Judge George Allen. Performed legal research related to felony trials and suppression issues, briefed issues related to various major felonies, including capital cases. Coordinated with criminal attorneys for expenses and motions. Handled DNA exoneration claims and prisoner correspondence.

Law Clerk

Goldstein Goldstein & Hilley

2005 - 2005

Legal research and writing for an internationally recognized criminal defense law firm. Cases included state and federal criminal trial preparation and significant research, writing, and exhibit preparation related to Capital writs. Performed work for both named partners and the senior appellate associate.

Assistant Director of Forensics

St. Mary's University

1998 - 2002

Instructed nationally recognized students in speech and debate, including world championship preparation. Guest lectured in Persuasion and Public speaking courses. Conducted proprietary research in the area of layperson decision making between adversarial parties. Developed educational materials for use in university-level courses.

Director of Forensics

Texas Military Institute

1999 - 2001

Lead a nationally competitive speech and debate team, placing a student in the Top 10 in the USA 2 years in a row. Awarded Texas State Champion Coach by the Texas Forensics Association. Taught classes in logic, rhetoric, and public speaking.

Baylor Law School

J.D. (2006) | Law

2003 - 2006

Honors: Dean's Academic Scholarship, Order of Barristers, 2nd Place National Criminal Procedure Tournament

Activities: Advocacy Program

St. Mary's University

M.A. (2002) | Communication Studies, International Relations

1998 - 2002

St. Mary's University

B.A. (1998) | Political Science

1995 - 1998

Top 100 - Criminal Defense

National Trial Lawyers

2019

San Antonio's Top Lawyers

SA Scene Magazine

2019

Criminal Defense, DWI, and White Collar Defense categories

Top DWI Lawyers

SA Scene Magazine

2019

Client Service - Gold

Martindale-Hubbel

2019

Top 100 Trial Lawyers

National Trial Lawyers

2017

Top 30 DWI Lawyers

SA Scene Magazine

2017

Top 30 Criminal Lawyers

SA Scene Magazine

2016

Top 100 Trial Lawyers

National Trial Lawyers

2016

Top 30 DWI lawyers

SA Scene Magazine

2016

Client Distinction

Martindale Hubbel

2015

Top Family Lawyers

SA Scene Magazine

2015

Top 100 Trial Lawyers

National Trial Lawyers

2015

Top 100 Trial Lawyers

National Trial Lawyers

2014

Top 10 DWI Attorneys in Texas for Client Satisfaction

American Institute of DUI/DWI Attorneys

2014

Top 30 Criminal Lawyers in San Antonio

SA Scene Magazine

2014

Best Lawyers of 2014

SA Scene Magazine

2014

Best Lawyers of 2013

SA Scene Magazine

2013

Rising Star

SA Scene Magazine

2012

Texas Association of Cannabis Lawyers

Founding Member

2017 - Current

Pro Bono College of The State Bar of Texas

Member

2016 - Current

Texas Criminal Defense Lawyers' Association

Member

2009 - Current

College of the State Bar of Texas

Member

2009 - Current

National Association of Criminal Defense Lawyers

Member

2009 - Current

San Antonio Criminal Defense Lawyers' Association

Member

2007 - Current

Texas Drunk Driving Law

LexisNexis

2019

Texas Drunk Driving Law

Lexis Nexis/Matthew Bender

2018

Texas Drunk Driving Law

LexisNexis

2017

Speedy Trial: Punishing the State for Making Us Wait

Voice For The Defense Magazine(Texas Criminal Defense Lawyers Association)

November, 2015

Sealing Criminal Records

San Antonio Defender Magazine

2012

Asymmetrical Discovery: Tactics For Making the State Fight Itself, Monthly CLE Series

August 13, 2017

San Antonio Criminal Defense Lawyers' Association

Elements of Storytelling in Criminal Trial, Monthly CLE Series

December 9, 2016

San Antonio Criminal Defense Lawyers' Association

Bad Blood

February 25, 2016

KSAT 12 News

Panel discussion on flawed forensic blood draws in DWI cases. https://www.hoelscherlawoffice.com/DWI-DUI/

Communicating With Clients With PTSD, PTSD: The Elephant in the Courtroom

November 6, 2015

San Antonio Criminal Defense Lawyers' Association

Cops As Witnesses: Friend or Foe?, Plaintiff's Litigation INSIGHT

August 5, 2015

Cowen Mask Blanchard Trial Attorneys

Unsinking the Ship: What to Do When Your Client Has Confessed, Monthly CLE

May 1, 2015

San Antonio Criminal Defense Lawyers' Association

Marijuana Laws in Texas

February 1, 2015

Bexar County Republican Liberty Caucus

Contract Systems for Indigent Defense

September 1, 2011

Bexar County Task Force on Indigent Defense

Changing Lanes: New Directions in Vehicle Search Law, Monthly CLE Series

March 1, 2009

San Antonio Criminal Defense Lawyers' Association

Legal Aspects of Analytical Testing in Intoxication Cases in Texas

Education Forensics, LLC

Q. Hi i wanna know if my ex wife can take my son to another country with out my permission

13 December 2018

A: Hi Cristian, The answer depends on your Final Decree or child custody order, if y'all have been to court before. In Texas, many orders contain a geographic restriction, which limits where a child may be moved to. However, many orders are silent on travel that doesn't establish a new residence. So, whatever order controls your custody controls travel and residency. If y'all don't have an order at all, then you probably need to go to court to get orders and request that neither spouse may take your son outside the United States without the other spouse's permission.

Q. my girlfriend beat her minor daughter during an argument the younger one called the police and my girlfriend faces charg

8 January 2018

A: The Bexar County District Attorney's Office does NOT have to drop charges just because a victim changes her story or asks them to dismiss. In fact, when the victim is a child, they are unlikely to do so. Worse, some of our prosecutors are aggressive in pursuing individuals they believe are intimidating witnesses, whether it happened or not. They will want to know why she is asking for the charges to be dismissed. If the child is recanting because the incident didn't occur, the State will generally be more likely to dismiss. However, if they believe the child is being coerced or intimidated, they can file new charges or, more likely, seek a bond increase for the defendant. In your question, you suggest that there are multiple child witnesses, which makes it even more unlikely that the Bexar County prosecutor will want to dismiss just because the victim doesn't want to move forward. Really, this an issue to run by your girlfriend's attorney. Her lawyer needs to know if the witness has doubts or has changed her story. Another possibility is to hire a lawyer to represent the child or ask the court to appoint one. Whatever you do, do not pressure this child to change her story or refuse to testify because that could make everything much worse.

Q. Can you get an EPO dropped off someone in jail?

8 January 2018

A: Inmates can be served in Texas. The policies vary by penal institution and by county for jails. An experienced process server may be able to help, but we find service through the Sheriff's Office to be the best way in our county. The court clerks can explain how to get citation and request service by your Sheriff's Office. The fees are usually reasonable, although a lawyer can definitely help.

Q. My wife left me and my two sons recently. She shows no interest in seeing them. How can I get full custody?

8 January 2018

A: You will need to go to court and request a SAPCR (Suit Affecting the Parent Child Relationship), which can be filed with a divorce. If you have sufficient evidence that she does not intend to return or have contact with your sons, then a termination of her parental rights may be possible, but terminating parental rights is difficult in Texas. You should hire an attorney to handle these matters. If an attorney isn't in the budget, then you can contact the Office of the Attorney General - Child Support Division and request child support. As part of handling child support, they will generally create a custody order, but you should talk to their local office. Because there is no divorce, that may complicate your case with the OAG. Also, the OAG will not represent you, they will only be interested in enforcing Texas' interest in making sure children are supported. If your wife contests the child support case and refuses to agree to a custody order, then they aren't going to fight for you. You are probably better off retaining an attorney experienced in divorces.

Q. Can my apartment complex use my image without permission on a promotional account?

8 January 2018

A: You should check your lease. However, a standard lease doesn't include those rights. In Texas, you have a property right in your image. Certain public images may still be used without permission, but not generally for commercial purposes. For example, if you walk through a live newscast at a crime scene, then you can't sue for damages. Generally, unless you have given permission (check your lease), then they shouldn't be doing that.

Q. He is going to court in a week is it truly "beneficial" for him to spend 200-400$ and do some Defensive driving / AA mee

6 January 2018

A: It can't hurt, but it depends on a variety of factors. Some judges will see his effort as a positive factor in sentencing, some will not. He really needs to communicate with an attorney. A DWI after two prior convictions is a felony in Texas and most courts take it very seriously.

Q. my son has pending DUI case, got a jury summons. Is he disqualified? due to Q8?

6 January 2018

A: Actually, unless he is charged with a misdemeanor theft or felony, he is not ineligible. He can answer that question "no." However, the prosecutors will likely ask questions during jury selection that will require him to disclose it. They will also probably run a check to see who has pending cases. Unless it is for a civil case, he is unlikely to be selected.

Q. Texas dwi jail time, good behaviour early release Possible?

6 January 2018

A: This will depend on whether that time is his sentence or given as a condition of probation ("ACOP"). In most counties, there is some type of early release. You can call the Sheriff's Department and ask what their good time policy is. However, if the time was given ACOP, then only the judge can modify it.

Q. Is it legal for them to order it if the divorce papers say that there's no child support ordered? Can they really

6 January 2018

A: If your decree is silent on child support, more than 3 years old, or your financial circumstances have changed sufficiently, then yes, they can. In any event, when a child receives Medicare, then the State is entitled to seek reimbursement.