FAQs

Frequently Asked Questions

Navigating the legal system can be a complex and overwhelming experience. At Gray and Brigman PLLC, we believe in providing clear, straightforward information to help you understand your rights and options. Below, we have compiled answers to some of the most common questions we receive regarding family law and criminal defense. If you have further questions or require legal representation, do not hesitate to schedule a consultation with our experienced team. We proudly serve the Midland and San Angelo, TX areas.

  • What is the difference between a DUI and a DWI in Texas?

    In Texas, DWI (Driving While Intoxicated) is the primary charge for operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by drugs or alcohol. DUI (Driving Under the Influence) is a charge typically reserved for minors (under 21) who operate a vehicle with any detectable amount of alcohol in their system. A DWI attorney can help navigate the specifics of your charge.

  • What should I do if I'm arrested for drunk driving?

    If you are arrested for drunk driving, it is crucial to remain silent and contact a drunk driving attorney immediately. You have the right to refuse to answer questions without your lawyer present. An experienced lawyer can protect your rights, challenge the evidence against you, and guide you through the legal process.

  • How does a criminal attorney build a defense?

    A criminal attorney builds a defense by thoroughly investigating the case, which includes reviewing police reports, interviewing witnesses, and examining evidence. They will identify any weaknesses in the prosecution's case, violations of your constitutional rights, and develop a strategy tailored to the specifics of your situation. 

  • When do I need a federal criminal defense attorney?

    You need a federal criminal defense attorney if you are being investigated for or have been charged with a federal crime. These offenses are prosecuted by the U.S. government and include crimes like drug trafficking, bank fraud, and kidnapping. Federal cases have different procedures and stricter sentencing guidelines than state crimes, making specialized legal experience essential.

  • What is the role of a criminal defense lawyer?

    The primary role of a criminal defense lawyer is to represent individuals accused of committing a crime. This involves providing legal counsel, ensuring the client's rights are protected throughout the legal process, negotiating with prosecutors for plea bargains, and defending the client in court.

  • What does a family law attorney do?

    A family law attorney handles legal issues related to family relationships. This includes matters such as divorce, child custody, child support, adoption, and prenuptial agreements. They provide guidance, represent clients in negotiations and court, and help resolve disputes in a fair and legal manner.

  • How is child custody determined in Texas?

    In Texas, child custody decisions are based on the "best interest of the child." Courts consider numerous factors, including the child's physical and emotional needs, the stability of each parent's home, any history of domestic violence, and the child's preferences if they are of a certain age. A child custody lawyer can help present a strong case on your behalf.

  • What is the process for filing for divorce?

    To file for divorce in Texas, one spouse must have lived in the state for at least six months and in a specific county for at least 90 days. The process begins by filing an "Original Petition for Divorce" with the court. A divorce attorney can help you navigate the requirements for property division, child custody, and support.

  • Do I need a divorce lawyer if my separation is amicable?

    Even in an amicable separation, hiring a divorce lawyer is highly recommended. A lawyer ensures that all legal documents are filed correctly, that the division of assets is fair and legally binding, and that any agreements regarding children are properly structured. This helps prevent future disputes and protects your interests.

  • Can child custody arrangements be modified?

    Yes, child custody orders can be modified in Texas. To do so, you must demonstrate to the court that there has been a material and substantial change in the circumstances of the child or a parent. A family law attorney can assist in filing a modification suit and presenting the necessary evidence to the court.

  • What are the penalties for a first-time DWI offense?

    For a first-time DWI in Texas, penalties can include fines up to $2,000, jail time ranging from 3 to 180 days, and a driver's license suspension of up to one year. An experienced DWI attorney can work to minimize these consequences.

  • What distinguishes family law from criminal law?

    Family law deals with domestic relations and family-related matters like divorce and child custody, which are civil proceedings. Criminal law involves actions considered harmful to society, prosecuted by the state or federal government, and can result in penalties like fines or imprisonment. Our firm is experienced in both practice areas.

Divorce Attorney - San Angelo, TX