DWI

Drunk driving is a serious crime. If facing license suspension, fines, and jail for drinking and driving; please call an attorney immediately.

Criminal Defense

Representing clients in a wide range of criminal defense, felony and misdemeanor cases. Andrew is dedicated to defending the rights of people in these difficult situations.

Traffic

Failing to handle traffic violations in a timely manner can result is serious consequences. Andrew can fight these to reduce the penalties in a timely manner.

Wills, Trusts, Probate, & Estate Planning

Andrew can help you determine if a will, or other estate planning devices are appropriate to help manage your assets and estate.

NFA Gun Trusts

NYou have a Federal and State right to own firearms, if you so choose. Do not let paperwork and confusing laws and regulations stand in your way! Andrew can walk you through each and every requirement of NFA registration.

Oil & Gas

Andrew can negotiate and draft oil & gas leases, easements, documents, and contracts for mineral owners and small E&P Companies.

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DWI

If you have been arrested or charged with DWI in Texas, this is a serious crime with significant penalties. It is important to act immediately in order save your driver’s license and preserve your individual freedom. The State of Texas will bring two different DWI cases against you, a criminal case and an Administrative License Revocation Hearing (ALR). The ALR hearing directly effects the status of your driver’s license and you ONLY HAVE 15 DAYS from the arrest date to request a hearing on the status of your driver’s license. In order to help save your license, you need to request this hearing.

The DWI criminal case may or may not end up going to trial. This largely depends on the court the case is assigned to, the prosecutor, and the evidence that has been accumulated. Andrew will acquire evidence from ALR Hearing, the offense report, any available patrol car or body cam video, and the reason why some of the video may not be available. This information will be crucial in attempting to dismiss the case, come to a reasonable agreement with the prosecutor, and attempt to win at trial.

In the event your DWI case is not dismissed or dealt with prior to trial, your case is headed to trial where the evidence proving your side of the case will be heard by a jury of your peers. Because the stakes are high, the evidence can be complicated, and the science behind breath/blood tests is not always well understood by prosecutors; it is important to hire an attorney capable of explaining the evidence and these issues to a jury in simple and straightforward manner.

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Criminal Defense

Andrew R Gilfillan can defend against the most common of criminal charges including, but not related to Traffic Violations, DWI, Other Alcohol Related Crimes, Felonies, Misdemeanors, Drug Crimes, Theft Crimes, Assault & Battery, and White Collar Crimes.

Additionally, he is passionate about helping you with Expunctations and Record Sealing of past criminal charges. Having been arrested before, even if that arrest did not result in a conviction, can follow you forever. It may prevent you from getting a job, school admission, loan, passing a background check, or lease. Texas provides a mechanism for many of these types of cases to be removed from the record. This is called expunctation, or sometimes expungement. Not all charges are eligible for expunctation, and a criminal defense attorney can help you determine if you qualify for an expunctation.

Even if you entered into a deferred adjudication, and an expunctation cannot be performed, it may still be possible to have the record sealed. This is called an order of non-disclosure and can be used to keep the record, subject to the deferred adjudication, from being disclosed to the public. It is still possible for certain criminal justice agencies to access the records, but will not be available to the general public.

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Traffic

Most traffic tickets are relatively minor Class C misdemeanors, but failing to handle them in a timely manner can result is serious consequences to include additional fines or jail time, that could have been avoided. Andrew R Gilfillan can fight these traffic violations to reduce the penalties in a timely manner. In the event a relatively minor has gone unresolved, a warrant might be issued for the driver's arrest. If this has happened, it is important to seek an attorney so that the bond can be posted and the warrant and underlying charge can be dealt with. Your freedom is too important!

Moving violations are the most common form of offense and these include, speeding, running a stop sign, and distracted driving. Andrew can work to reduce the penalties associated with these cases, to include getting the case ultimately dismissed.

The next most common violations drivers are often charged with stem from problems relating to keeping their car properly registered, driver’s license up to date, and maintaining insurance. Andrew can help with any issue relating to inspections, insurance, registrations, or license issues. Like moving violations, it is important to handle these situations promptly, regardless of how serious or minor they may appear.

Commercial drivers are in many ways the backbone of today’s service economy, and because their livelihood rests directly on their ability to drive for a living, it is especially important that even the most minor of traffic violations be handled by an attorney. Commercial drivers need a nearly perfect record to maintain their livelihood and to keep on truckin! Andrew can help commercial drivers with any and all violations.

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Wills, Trusts, Probate, & Estate Planning

Estate planning is an important process that can be used to manage assets during your lifetime, in the event your unable to manage them yourself, how you will be cared for, how medical decisions may be made on your behalf, and how your assets will be distributed after your death. Wills are an important tool in the estate planning process, and Andrew R Gilfillan can help determine if a will, or other estate planning devices are appropriate to help manage your assets and estate.

Different estate planning tools to consider, depending on your unique circumstances, are:

  • Wills
  • Guardianship in Case of Necessity (for minor children and yourself)
  • Living Trusts/Revocable Living Trusts
  • Financial Powers of Attorney (Statutory Durable Power of Attorney)
  • Living Wills and Medical Powers of Attorney/Directives to Physicians
  • Marital Bypass Trusts (A & B Trusts)
  • Trusts for Asset Protection, Minor Children, and Other Matters
  • Charitable Trusts
  • Special Needs Trusts
  • Pet Trust
  • Firearms Trusts (NFA Gun Trusts, Gun Trusts)
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NFA Gun Trusts

Texans, it is legal to own a suppressor (silencer), fully automatic machine gun, short barreled shotgun, short barreled rifle, destructive device, cane/pen gun, and place a fore grip on a legal pistol! The only requirement is that it be registered in compliance with the National Firearms Act (NFA or Title II) to you, as an individual, or to a Gun Trust that you are a part of.

The internet, and even some FFL SOT (sometimes referred to as “Class 3”) dealers, are full of incorrect and misleading statements regarding gun trusts and not every lawyer even knows what needs to be in the gun trust document itself. Under no circumstances, should anybody use off the shelf forms, or internet "fill in the blank websites," to create a trust designed to hold NFA firearms. This could lead somebody to inadvertently generating an invalid trust that is now in unlawful possession of Title II firearms. Please use a gun trust lawyer to draft an NFA gun trust, your freedom and your Second Amendment rights may depend on it.

The ATF registration process can be a little daunting and cumbersome. Not everybody is familiar with the differences between Form 1, Form 4, buying versus building the NFA firearm, registering the NFA firearm to an individual, registering the NFA firearm to a gun trust, the most efficient way to get fingerprinted, what the CLEO requirement is, etc. Andrew can help simplify the registration process by drafting a trust, if necessary, and walking the responsible persons through each and every requirement of NFA registration. This includes fingerprinting the responsible persons right in his law office, thus helping save you a trip to the police station. After a brief discussion, either in person, over the phone, or via email, he can help understand if an NFA Gun Trust is right for you.

You have a Federal and State right to own these weapons, if you so choose. Do not let paperwork and confusing laws and regulations stand in your way! Call Andrew, and he will provide the personal attention, when forming the gun trust, that you won’t get at “fill in the blank” websites or online form generators.

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Oil and Gas

Andrew spent nearly 6 years working as a geologist in Energy Investment Banking. This experience taught Andrew how important it is for the mineral conveyance instruments, oil & gas leases, pipeline easements, seismic surveys, and other related documents be drafted by an attorney that understands not only the legal aspects of oil & gas law, but the scientific and economic impacts of how these services ultimately impact the mineral owner, surface owner, or oil & gas company.

Andrew R Gilfillan can perform the below services regarding the area of oil and gas law:

  • Negotiate and draft oil and gas leases for mineral owners and small E&P Companies.
  • Negotiate pipeline and other easements for property owners.
  • Negotiate and draft agreements for access to property. This includes seismic surveys, environmental reviews, testing, and surface use agreements.
  • Negotiate and draft real estate contracts, deeds, titles, and closing documents related to the execution of oil and gas and mineral transactions.