Tag Archives: negligence

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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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.



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.



Divorce

Divorce

So you have decided that the marriage you are in is not right for you.  At the Vitelli Law Firm we strive to answer all your questions during this emotional time.  I understand that the breakdown of your family is the most stressful time in your life and you need a lawyer that is experienced and patient in helping you understand the law while guiding you through this daunting time.  It is not suggested that you go through this emotional and psychological time alone.

The Vitelli Law Firm operates under Texas Law and my client must meet certain requirements prior to filing for divorce.  There are jurisdictional requirements such as living in the state of Texas for 6 months and the county for 90 days prior to filing for divorce.  Next you need to know that Texas is a no fault state.  This means that you can file for divorce without placing a fault.  The only thing that the court needs to know is that you and your spouse have irreconcilable differences.  This does not mean you cannot use fault; it means that you are not required to.

When you seek a divorce some will ask if your divorce is contested or uncontested.  Simple terms.  Contested means you will be fighting over custody, property, or combination of the two.  Uncontested means, you both are ready for this divorce and you have already discussed how to distribute your property and what to do with the children.  Regardless if your case is contested or uncontested you need a lawyer that knows the Texas statutes and laws and is a strong advocate for you and your family.
Be sure to check out the common questions and answers that have been asked over the years.  The website is always being updated so if there is a question you think that needs to be asked send me an email at sherea@vitellilawfirm.com and I would be glad to review it for future posting.
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.

 


 


Modification

Modification

Family law is composed of divorces, domestic abuse, adoptions, modifications, child support issues and the list goes on.  The Vitelli Law Firm is well rounded in the area of family law and there is no case that is to difficult to tackle.  As the founder of The Vitelli Law Firm, I strive to get the best results possible for each and every client.
In this area of law, modifications are no different.  You have gone through the process of a divorce or suit affecting the parent child relationship.  This order became final and now one party is not following the agreement that was entered into or the order of the court.  It is time to file for modification of that order.

At The Vitelli Law Firm, we understand your frustration.  We work with our clients both financially and emotionally to get the best end result.  Whether you are modifying child support obligation or possession and access, you will have a strong advocate in your corner at all times.

Be sure to check out the common questions and answers that have been asked over the years.  The website is always being updated so if there is a question you think that needs to be asked send me an email at sherea@vitellilawfirm.com and I would be glad to review it for future posting.

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.

 


 


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.