Tag Archives: cy-fair

Welcome to The Vitelli Law Firm

 Mission of The Vitelli Law Firm

Welcome to the Vitelli Law Firm, I am pleased you stopped by.  The Vitelli Law firm is located in Cypress, Texas.  My website is designed to provide you information about my firm and the services that I offer.  Here at the Vitelli Law Firm you receive the personal attention your case deserves and needs.  I am the owner and dedicated to giving all my clients personal attention most law firms cannot offer their clients.  I practice in the following counties, Harris, Fort Bend, Montgomery, and Austin.  Take a look around and if you still have questions, call me at 281-898-0941.  I hope you enjoy the site and look forward to your business.


THE VITELLI LAW FIRM
12010 Fullers Grant Court

Cypress, Texas 77433

TEL:  281-898-0941
FAX:  281-256-0792

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Divorce FAQ

Divorce


  1. How long is the divorce process?

    Generally the divorce process can take no less than 61 days.  The length of any divorce case highly depends on the legal issues.  For instance, do you have a lot of property, are you fighting for custody, and have you requested a jury trial.

  2. Is there such a thing as legal separation?

    In Texas, we do not recognize legal separation.  Once the divorce process starts you will be advised by your counsel not to purchase any big ticket items because they will be considered community property.  Even if you and your spouse have been separated for years, you are still recognized in Texas as being married.

  3. Who is required to leave the martial residence?

    Neither of you are required to leave the marital residence until a Judge orders one party to leave.  As a general rule, I advise my clients if you can get along then save cost.  If you cannot get along, then inform your attorney that way they know to file a temporary restraining order with the original divorce petition and get a hearing date.

  4. How is the property divided in Texas?

    In Texas there is the presumption that anything purchased or acquired during the marriage is considered community property unless you received it by gift, devise, or inherit.  Then depending on the facts of the case, the court will generally divide the property equally.

  5. What is an uncontested divorce?

    Uncontested divorce means that both parties are not fighting over property, custody or any other issues.

  6. How much will a divorce generally cost me?

    Here at the Vitelli Law Firm, we generally charge $2000.00 for an uncontested case.  If the case is contested then we charge $150/hour.  In my practice, I have seen contested cases cost as much as $30,000.00 on the high end.

  7. My spouse just served me with papers, can I oppose this divorce?

    Absolutely.  The bottom line is that the divorce will still happen.  The courts cannot force someone to stay married. If your spouse wants out, it will happen.

  8. What happens if I refuse to sign any of the divorce papers?

    The party seeking the divorce will have other options such as a default divorce.  Remember if you don’t sign the papers, the other side could ultimately ask the court for items you never would have agreed to.  It is in your best interest to read and respond with counsel to any papers you are served with.

  9. Do I really need an attorney for my divorce?

    Yes.  As an experienced attorney, I have seen so many people get taken advantage of without a counsel to help them.  They don’t know the law and could easily loose property which the other side was never entitled to.  Don’t  be fooled, attorneys for your spouse are not required to help you nor do they look out for your best interest.

  10. My spouse moved out of the residence and took our children with him/her.  Now my spouse wont let me see our children until court.  Is this legal?

    Yes it is legal but it is not right.  At this point you could storm into the spouses house and remove the children, but that is not advisable.  Keep the children’s best interest in mind at all times.  In Texas neither parent has more rights to the children than the other.  If one spouse has removed the children from the residence try to work out some type of visitation in the interim.   If that is not plausible then wait until your day in court.

DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with The Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.

 


 


Criminal

Criminal

A crime is defined as any behavior that is punishable by fine or imprisonment or both.  The Texas Criminal Code details what the state legislature has defined as criminal behavior.  When you are faced with a charge you need to know that your rights will be protected.

Getting charged with a crime in Texas can affect you for life.  There are certain types of cases that can affect you in family matters, future employment, and other situations unknown to you.  The Vitelli Law Firm will provide you with the best representation at an affordable price.  There are certain things that every individual will need to know when they are faced with criminal charges, such as how to clear a record, is this person eligible for probation, or can this charge affect me in a custody suit later in life.  When faced with a criminal charge you need your attorney to be knowledgeable about not just the crime but also the consequences of your decisions.

If you have recently be charged with a crime, contact me immediately at sherea@vitellilawfirm.com so you can have adequate representation with you when you go to court.  This is not a time to be alone.

 


 


Misdemeanor

Misdemeanor

A misdemeanor is a crime that is less serious than a felony that is punishable by imprisonment and/or fine.  Generally, misdemeanors are more serious than a simple infraction such as traffic violations.  There are three classes of misdemeanors, Class A, Class B, and Class C.

Punishment range for Class A Misdemeanor: Fine not over $4,000, or jail not over 1 year, or both.

Punishment range for Class B Misdemeanor: Fine not over $2,000, or jail not over 180 days, or both.

Punishment range for Class C Misdemeanor: Fine not over $500.

Here at The Vitelli Law Firm we handle all ranges of misdemeanors.

Will I go to jail if I plead out with the prosecutor?

Generally no.  You need to look at the crime, your history, and all the options available to you.

 

What do I need to wear to court?

I always make the suggestion, look like you are going to church.  Address the Judge with your Honor.

 

If you have been charged with a crime recently contact me at sherea@vitellilawfirm.com immediately so that your rights will be protected.

 

DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with The Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.

 


 


DWI

If you have been charged with a DWI (Driving While Intoxicated) you need to act immediately and take this charge serious.  You need to hire an aggressive attorney so that they can protect your rights both with the criminal charge and the administrative consequences.  Here at the Vitelli Law Firm, we are extremely aggressive and will stand firm to make the prosecutors prove their case beyond a reasonable doubt.

Frequently prosecuted cases in Texas are alcohol and drug related traffic offenses, commonly known as driving while intoxicated.  They are subject to administrative penalties unknown to the accused.  When a person is arrested they are handed a piece of paper which informs them of that their license will be suspend for a certain period of time depending on their age, alcohol level, and whether or not they provided a breath specimen.  The average person ignores this piece of paper.  Then end result, your license is suspended and now you must pay more money for an occupational license.  If you get caught driving during this period you could face other criminal charges and/or penalties for driving on a suspended license.Are you aware that for your first DWI, there is a $1000 administrative fee that must be paid for the next three years?
Are you aware that on your second DWI, you will face the same surcharge but at $2000 each year for three years?  Your attorney should inform you of these things.  Have you been informed that your third DWI is considered a felony offense?  This is the type of information that should be carefully explained to the client.

The Vitelli Law Firm takes the time to explain the crime, the punishment range, any lesser-included crimes possible, and other areas in which the crime with which you have been charged will affect you later in life.

If you have been charged with a DWI in Texas, contact me at sherea@vitellilawfirm.com.

DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with The Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.



Tickets

Traffic Court can be a very time consuming event.  Make sure that you have adequate representation.  Adequate representation will not only get you some of the best deals but it will also save you time.

Traffic tickets can be a burden in the Houston and surrounding areas.  The assistant district attorneys in the Justice of the Peace courts strictly want to get you in and out of their court.

Q:  Where did you get the ticket?

This question is important due to the cost factor.  Did you get the ticket in City of Houston or in the County?

Q:  Where did you get the ticket?

This question is important due to the cost factor.  Did you get the ticket in City of Houston or in the County?

Q:  How old are you?

This is also to determine if you are eligible for only deferred adjudication.

Q:  How would you like to deal with your ticket?

Some people generally don’t care and just want to keep it off their record.  Generally, we can do this without the burden of a trial.

Q:  Does your firm take traffic tickets to trial?

No, it would cost more money for trial.  Instead of paying an attorney $75.00 for a ticket it would cost around $500 for attorney time.

Q:  What is your fee for tickets?

The Vitelli Law Firm charges $75.00 for traffic ticket.  This is for the attorney time this does not include any court charges.

Q:  Can you get my ticket dismissed?

It depends.  My practice is to post pone the court date until trial.  On the date of trial, I will check the court file for any discrepancies on your ticket.  If it warrants, I will immediately file a motion to dismiss your case.  If there are no discrepancies then we simply check to make sure the police officer is present and/or any witnesses.  If they appear then I will discuss other options you may have.

Q:  Will I be in court all day?

Have not had that happen yet.  Most courts start between 8am and 9am.  Most of my clients are complete by 11am.

Q: Am I required to be present in court?

Yes, but only on the date of trial.  Failure to appear in court on time will result in additional court cost and warrant for your arrest.  The courts now have become stricter and require all defendants to be present during their court appearances.
At The Vitelli Law Firm it is my job as your attorney to get you the best representation possible and keep the ticket off your record.

If you have tickets in Texas, contact me at sherea@vitellilawfirm.com.

DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with The Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.



Mediation

  1. What is mediationa.Mediation is the process by which an impartial person, the mediator,  will help the parties communicate with each other to promote a settlement or reconciliation.  A mediator may offer or suggest different methods for settlement o resolve the dispute but they may not impose their own judgment onto either party.  It is solely up to the parties to accept or reject any settlement.


  2. Does the court require me to go to mediation?a.Generally yes.  Most courts, in any county, will require mediation prior to a temporary order hearing and a final hearing/trial.
  3. Why should I attend mediation?a.Generally, one will attend mediation to keep the court from making any judgment calls themselves.  Others attend mediation because the court will require it.

    b.Mediation is designed to allow the parties to avoid court, court costs, and pressure.  In this relaxed setting, the parties attempt to work out their problems amongst themselves without the need of court intervention.

  4. How much will mediation cost?a.Half day mediation (4.0 hours) will cost $250.00 per side for a total of $500.00.

    b.Full day mediation (8.0 hours) will cost $500.00 per side for a total of $1000.00.

  5. What are acceptable methods for payment of mediation?a) The Vitelli Law Firm accepts firm checks, cash, cashiers check or money orders payable to Sherea Vitelli.  The Vitelli Law Firm does not accept credit cards at this time.
  6. When is the payment for mediation due?a.Payment for mediation is due when mediation is confirmed.  However, the parties are welcome to pay the day of mediation prior to the commencement of mediation.
  7. What happens if I don’t comply with the terms of payment for mediation?a.If either party fails to pay for their portion of mediation, the mediator reserves the right to ask the other party to pay.  If the other party refuses to pay the mediator may unilaterally
  8. Who is allowed to attend mediation?Only the parties are allowed to attend mediation with their attorneys.  Any party may ask the other side if an outside party may join the mediation but only if by agreement.
  9. Do I need to provide any documentation prior to mediation?a) It would be extremely beneficial to your case and cost effective if the following items were provided:
    i)  Pleadings, Motions, Tax Returns, and any Discovery documentation.
    b) Again, provide what you find to be important in your case and I will review it prior to mediation.
  10. Who usually schedules mediation?a) The attorneys will generally schedule the mediation after consulting with one another for availability.
  11. Where does mediation take place?a) Mediation will take place in the office of one of the attorneys.
  12. When can mediation be canceled?a.If mediation needs to be canceled by either party, it must be done at least 48 hours prior to the commencement of mediation in order to secure a refund.  Any cancellations not made timely will result in a cancelation fee of $300.00 (borne equally by the parties at $150.00 each side), unless such a delay is imposed by the court.
  13. Do I need to be prepared for mediation?a.It would be best suited if prior to mediation you thought about what type of settlement you would like to happen.  Also think about what you are willing to give up and gain.  I generally advise my clients to make a list of items they want, need, and will give up.
DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with The Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.