FAQs

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Q Do I really need a lawyer?

A: YES. ANYTIME you are accused of a class B misdemeanor or higher you should have a competent lawyer. Whether you realize it or not, you are exposed to the possibility of jail time and thousands of $$$ in fines and costs when you are accused of a crime.

James TocciSan Antonio Attorney At Law

Q I know I am innocent! Do I still need a lawyer??

A: YES. The Criminal Justice System is something you will not be able to handle on your own without the benefit of a knowledgeable lawyer. You will need a good listener and a skilled advocate to explain your side of the story and ensure you are defended properly. Do not make the mistake many have made by NOT hiring a good lawyer.

James TocciSan Antonio Attorney At Law

Q I’ve been stopped for DWI, do I really NOT have the right to refuse a breath test??

 

A: NO. Texas Law gives you the absolute RIGHT TO REFUSE a breath test if the police suspect you are driving while intoxicated. The “no refusal” is a policy implemented by the Bexar County DA’s office only. Every citizen in this State has the right to refuse a breath test.

James TocciSan Antonio Attorney At Law

Q What about those tests they want you to do for DWI? Do I have to do those?

A: NO. Again, Texas Law does not require you to perform any field sobriety tests when asked to by an officer who suspects you’re driving while intoxicated. You have the right to refuse any and all requests for you to perform a field sobriety test whether you are on the road OR in a police station if you have been arrested.

James TocciSan Antonio Attorney At Law

Q Will the Police tell me I have these rights if I’ve been stopped for suspicion of DWI??

A: NO. The police are not obligated to tell you your rights about field sobriety tests or the giving of a breath test. Their job is to build a case and collect evidence AGAINST you, if they suspect you’re driving while intoxicated. They want and expect you to do what they ask you to, but our law allows you to say NO.

James TocciSan Antonio Attorney At Law

Q How can a DWI conviction affect me?

A: Too many ways to count. A conviction for DWI can have both far-reaching and long lasting impacts on your life. They can be devastating financially and personally. It may affect your employment or future employment opportunities. It can also affect your ability to drive on our roads and highways due to license suspensions and surcharges.

James TocciSan Antonio Attorney At Law

Q Why should I hire you?

A: I have an established record of thorough preparation and analysis when it comes to handling DWI cases. I have a strong understanding of not only the laws affecting you, but also the science involved in determining blood alcohol and the procedures used in such cases. My knowledge allows me to help my clients navigate these very serious times in their lives with competency and professionalism.

James TocciSan Antonio Attorney At Law

Q I’m accused of Sexual Assault. Do you handle those cases?

A: YES. The most serious cases such as sexual assault require a very detailed and thorough examination of all the evidence against you as we’ll as a complete investigation and exploration of all the evidence in your favor.  My representation is NEVER limited to what is in the file of the District Attorney but rather what is NOT in the file of the D.A. I work closely with my investigator to find out ALL the details in every case that the police either haven’t investigated, or simply chose not to. I often find that neighbors, family friends and social media sites provide invaluable information that could affect a case.

James TocciSan Antonio Attorney At Law

Q Have you ever been to trial or actually tried serious cases?

A: YES. I have vast trial knowledge and experience in front of Bexar County juries. I’ve litigated the most complex murders down all the way down to smaller theft and drug possession cases. My approach is always the same. A strong connection with a jury and a realistic theory of my client’s case has proven to be an effective trial strategy for me through the years. I enjoy being in front of juries and feel I have the ability to make effective connections with them. I have NEVER been afraid to take any case to a jury, if it’s the appropriate thing to do.

James TocciSan Antonio Attorney At Law

Q Do you have the ability to bond somebody out if I hire you?

A: YES. I do have bonding capacity on any type of criminal matter you have and we can include a bonding fee along with a fee for representation.

James TocciSan Antonio Attorney At Law

Q If I want to talk to you about my case, is there a fee?

A: NEVER. I have never charged a consultation fee and I never will. I want your business but I don’t want you to feel obligated to anything. The most important thing I want a client to feel is that he has a lawyer who actually cares about his situation and will address their needs at all times.

James TocciSan Antonio Attorney At Law