Skip to Content
Jeff Gilbert Law Office Jeff Gilbert Law Office
Call Our Team Today: 979-304-2160
Top

FAQ

  • Drugs

    • What to do after a drug arrest in Brazoria County?

      If you or a family member has just been arrested on a drug charge, you are likely dealing with fear, confusion, and a rush of deadlines. Arrests in this area often involve the Angleton Police Department or Brazoria County Sheriff, and cases are typically filed in the Brazoria County criminal courts located in Angleton. The decisions you make now can affect your freedom and your record for years.

      Right after a drug arrest, it can help to:

      • Stay calm and remember that you have the right to remain silent.
      • Avoid discussing your case with law enforcement or anyone other than your lawyer.
      • Gather any paperwork you receive, including bond documents and court notices.
      • Contact our firm so we can review what happened and help you prepare for your first court setting.

      We understand the urgency that follows a drug arrest. Our drug crime attorney works to address immediate concerns such as bond conditions and early court appearances, and we explain what to expect in Brazoria County courts. From the first conversation, our goal is to protect your rights and reduce the risk of avoidable mistakes.

    • What is the drug charge process in Brazoria County?

      Understanding how a drug case moves through the local system can reduce some of the fear that comes with an arrest. Cases that begin with an arrest in or around Angleton often end up in the Brazoria County criminal courts. The specific court can depend on the level of the charge and where the alleged offense took place.

      After an arrest, you can expect an initial appearance or arraignment, where the court addresses issues such as bond and the formal reading of charges. Later settings may involve pretrial conferences, hearings on motions related to evidence, and, in some cases, a trial. The timing and number of these settings vary based on the court’s docket and the complexity of the case.

    • What dictates how you will be charged?

      The specifics of drug charges largely depend on the type of substance involved, the amount in possession, and the case circumstances. For instance, possessing a small amount of marijuana may lead to a misdemeanor charge, while possessing a large amount of a harder drug, such as cocaine or methamphetamines, may lead to felony charges.

      Additionally, aggravating circumstances can elevate your charges, including prior convictions, the use of weapons, involvement of minors, and proximity to schools or playgrounds.

    • Will I go to jail for a first drug charge?

      Whether you go to jail on a first drug charge depends on many factors, including the substance, amount, and your record. Some first offenders receive probation or other options. We review your specific situation and explain realistic possibilities in Brazoria County courts.

    • Will my drug charge affect my job or license?

      A drug charge can affect employment, background checks, and some professional or occupational licenses, especially if it results in a conviction. We talk with you about your work situation and help you understand how different outcomes might impact your career and future opportunities.

    • Can a drug case affect child custody or divorce?
      Allegations involving drugs can come up in custody or divorce proceedings, particularly if safety or parenting ability is questioned. Because our firm also handles family law, we consider how your criminal case might affect current or future family matters and advise you accordingly.
    • How can your firm help with my drug case?

      We review how police stopped you, searched, and collected evidence, then evaluate the strength of the State’s case under Texas law. Our attorneys use experience as a former prosecutor and judge, along with local court knowledge, to advise you on challenges, negotiations, and trial options.

  • Family

    • What Is Family Law?
      Family law is an area of the legal system that deals with family-related issues and domestic relations, including marriage, divorce, child custody, and support. In Angleton, Texas, family law is guided by state legislation and local court decisions. While many family law principles are consistent across Texas, interpretations and outcomes may vary based on the local court and community culture, making it essential to work with a family law attorney familiar with this environment.
    • How Does Divorce Work in Texas?
      Divorce in Texas begins with filing a petition at the local court. Texas is a no-fault state, so you don't need to prove wrongdoing to initiate a divorce. Once filed, there are waiting periods and various procedures for dividing property, establishing child custody, and arranging support. Navigating these processes effectively often requires professional legal guidance to protect your interests and ensure fair outcomes. Each divorce is unique, and understanding the nuances of local laws and court behavior is critical.
    • What Are the Child Custody Laws in Texas?

      In Texas, child custody decisions are based on the child's best interests, considering factors like parental ability, stability, and the child's needs. The law favors joint custody arrangements unless there’s evidence to suggest otherwise. Local courts in Angleton may have specific ways of interpreting these standards, so it is essential to work with a lawyer who understands state law and local court expectations to build a case supporting your parenting goals and protecting your rights.

    • Can Grandparents Sue for Custody or Visitation?
      Yes, grandparents can seek custody or visitation rights in Texas under certain circumstances. The law permits this if the court determines it’s in the child's best interest, such as in cases where the child's parents are deceased, incarcerated, or otherwise incapable of taking care of their child. In Angleton, as in broader Texas, these cases can be complex and require a thorough presentation of evidence and argument to be successful.
    • What Assistance Is Available for Domestic Violence Situations?
      In situations involving domestic violence, immediate legal protection is available through protective orders. In Angleton, victims have access to local law enforcement and advocacy groups that can assist in filing for these orders and providing support. Beyond immediate protection, these cases frequently necessitate legal intervention to ensure long-term safety and resolve associated family law matters. Our firm collaborates with local organizations to offer comprehensive legal and emotional support for those affected.

  • Divorce

    • How Do You File For Divorce In Texas?

      When you make what is often the difficult decision to end your marriage through divorce, you have to officially start the process by filing for divorce. This process has a few steps and requirements that must be met. If you are unfamiliar with this procedure, then you might be confused and overwhelmed just looking at the steps. We provide you with the basics of what you should know about filing for divorce in Texas.

    • What Are The Texas Residency Requirements For Divorce?

      To file for divorce in Texas, you must first meet a residency requirement. The requirement states that:

      • Either you or your spouse must be a Texas resident for the six months before anyone files.
      • You must have lived in the county where your divorce is being filed for at least 90 days prior to filing.

      After you meet this requirement, you can then proceed to file what is called either a “fault” or a “no-fault” divorce. If you try to file without having met the residency requirement, your case may be delayed or dismissed entirely.

    • What Forms Are Required When Filing For Divorce In Texas?

      When filing for divorce, there are several important papers that you will need to put together. These items include the following:

      • Original petition for divorce
      • Citation/waiver
      • Decree of divorce
      • Notice of service of process

      When you file for divorce, you may also file for a Temporary Restraining Order that prohibits both you and your spouse from doing anything that might diminish any property that both parties have the right to.

    • How Are Divorce Papers Served In Texas?

      After filing the paperwork with your appropriate county, the other party in the divorce must be notified of the divorce through an official Service of Process. In other words, your spouse must be officially notified of the divorce and cannot simply be handed the paperwork by you.

      Depending on whether your spouse agrees to the divorce or not, they may sign a waiver of service acknowledging that they are aware of the filing and have received copies of the initial filing. Otherwise, your attorney can guide you on how best to proceed with this, whether through a local sheriff’s office or a private process server.

      Your spouse can decide whether or not they want to file an answer to the divorce (should they want to actively participate in the case or contest the divorce). By choosing not to file an answer, it allows you to request a default judgment, which will allow the court to grant the divorce regardless of your spouse’s level of participation.

    • Do You Need Grounds For Divorce In Texas?

      No, you do not need grounds for divorce in Texas. Texas is a “no-fault” divorce state, meaning you can file for divorce without proving that your spouse did anything wrong. Instead, all you need to do is show that your marriage is irretrievably broken. This can be done by showing that you and your spouse have lived apart for at least 60 days or that you and your spouse have been separated for at least one year, and there is no reasonable expectation of reconciliation.

      If you and your spouse have been married for less than 60 days, you may still be able to file for divorce on the grounds of fraud or duress. However, these grounds are difficult to prove, and it is generally easier to wait until you have been married for 60 days before filing for divorce.

      Suppose you are considering filing for divorce in Brazoria County, Texas, it is essential to talk to a divorce attorney to discuss your options and to get advice on how to proceed.

    • What Financial Disclosures Are Required For A Divorce In Texas?

      Because of the complex nature of property division and the need to uphold Texas’ equitable distribution law, each party in a divorce should plan on submitting a Sworn Inventory and Appraisement that details their assets, such as bank accounts, real estate, retirement accounts and other simple and complex assets.

    • What Is Included In A Divorce Settlement?

      After these steps have been completed, you and your spouse (along with your attorneys) may attempt to reach a settlement agreement without having to resort to the court deciding matters for you. These matters are common among many divorces and include the following items:

      It is very common for a divorce to result in a settlement agreement; however, in the event that you and your spouse are unable to come to terms on these matters, court hearings will likely be held, and the judge presiding over your case will decide these for you based on your arguments and evidence.

    • How Are Assets Divided In A Texas Divorce?

      Texas is a community property state, meaning any property that is to be divided in a divorce must have been acquired during the marriage itself. This includes debt, assets or even loans. All property is presumed to be community property unless the party that attempts to claim anything for personal reasons can show proof via evidence.

      Community property is normally divided by a system that is considered equitable. Property will be split between each spouse based on a variety of factors, including the length of the marriage, the contributions of each spouse during the marriage and the income of each spouse.

    • Does It Matter Who Files For Divorce First?

      As with every state, a judge will not show preference or bias towards the individual who files for divorce first. However, there are certain personal advantages filing first can give you.

      For example, if you live in a different county than your spouse, then the county laws you reside in will be taken into effect. Also, individuals who have a child may find that the state they live in tends to favor those with a child who are still minors. Another advantage includes having the extra time to prepare for the divorce, especially if your spouse doesn’t see it coming.

    • Why Hire An Attorney For Divorce?

      It is not necessary to employ a lawyer for divorce. There are options for filing and representing yourself on your own. However, it is still advisable to maintain the services of an experienced family law lawyer. A competent attorney would be able to direct you through the difficult legal problems that occur during a divorce.

      A common misconception about hiring a family law attorney is that it will lengthen and increase the cost of your divorce. All of our clients who are going through this tough time are treated with compassion and appreciation. We look at options that will help you expedite your divorce while avoiding crucial measures.

      Other reasons to retain a divorce attorney include:

      • We can manage all of your extra paperwork and records.
      • We create solutions that are specific to your goals and requirements.
      • We’ll advise you on which issues are worth your time.
      • We will assist you in finding any properties that your spouse might be trying to hide.
      • We’ll work with you every step of the way to help you meet both short- and long-term goals.
Back to Top