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Brian Foley

Brian Foley

Brian Foley Law PLLC | Criminal Defense and DWI Defense in Conroe and Houston.
  • Criminal Law, DUI & DWI, Appeals & Appellate ...
  • Texas
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Brian Foley helps people accused of Crimes in Montgomery, Harris, and surrounding counties. Brian can help with charges of DWI, Domestic Violence, Drug Charges and others. Brian's prior experience gives him the unique ability to defend your rights, negotiate with prosecutors, and influence decision makers to get a verdict you deserve. Good people have bad days. Then they hire Brian Foley to fight for them. He knows how to talk to the prosecutors handling your case because he was one for over 10 years.


In Harris County Brian was a Chief Prosecutor handling one third of all criminal cases filed in Houston, the fourth largest city in America. Brian worked on cases from Capital Murder to Marihuana. Put his experience in your corner! Brian has the big city pedigree combined with the local knowledge important to succeed in Montgomery County.


As a member of the Montgomery County Vehicular Crimes Unit Brian went to the scene of the worst types of intoxication offenses and DWI crashes that involved serious bodily injury or death. He is a published author providing training throughout the State of Texas on the topics of DWI, Jury Selection, Drug Charges, and more.


Time may be working against you as some crimes have important deadlines that occur only 15 days after arrest and before your first court date. Brian Offers a free consultation so we can start defending your rights. Let me help.

- Brian Foley 936-596-0407

Practice Areas
    Criminal Law
    Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
    DUI & DWI
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation
    Domestic Violence
    Domestic Violence Criminal Defense, Domestic Violence Restraining Orders, Victims Rights
    Collaborative Law, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
    Personal Injury
    Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
    Social Security Disability
  • Free Consultation
  • Credit Cards Accepted
    Accepts all major credit cards
Jurisdictions Admitted to Practice
State Bar of Texas
ID Number: 24073297
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  • English: Spoken, Written
Professional Experience
Managing Partner and Trial Attorney
Brian Foley Law PLLC
Chief Prosecutor
Harris County District Attorney's Office
Felony Chief Prosecutor - Handled Capital Murder, Murder, Arson, Sex Offenses and all other felony offenses in Harris County. Advised police officers on investigation techniques and strategies. Drafted warrants and legal documents on behalf of Harris County, including the entire city of Houston and surrounding municipalities.
Felony Prosecutor
Montgomery County District Attorney's Office
Member of Vehicular Crimes Team - DWI, Intoxication Manslaughter, Intoxication Assault Member of Domestic Violence Division - focus on Family Violence Assault cases and protective orders. Felony Prosecutor - prosecuted robbery, burglary, drug charges and all other felony offenses.
Texas Tech University School of Law
J.D. (2010) | Law
Honors: First Year Appellate Advocate Champion National Champion NLLSA Criminal Law Trial Advocacy National Order of the Barristers McWhorter, Cobb, & Johnson Outstanding Barrister Award 2010 Judges Chairman of the Board of Barristers
Texas Tech University School of Law Logo
Texas A&M University - College Station
Honors: Magna Cum Laude
Texas A&M University - College Station Logo
College Member
Texas Bar College
For outstanding achievement in continuing legal education.
McWhorter, Cobb, & Johnson Outstanding Barrister Award
Board of Barristers
Peer voted award given to the most outstanding member of the Board of Barristers.
Professional Associations
State Bar of Texas  # 24073297
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Texas Bar Association
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Articles & Publications
A plan for Cross Examination
I object to his Objection, the rules of evidence don't apply to suppression hearings.
I've been shot! Or maybe not? Staged Crime Scene Analysis
Loud Parties with Lots of Weed and Police come a'knockin: Kentucky v. King
Misdemeanor Voir Dire | How to pick a jury for a DWI or other misdemeanor
Objections at every phase of trial.
The Rise of the Synthetics | Synthetic Drugs and Penalty Group 2A
The Steve Harvey Effect | What to do when the wrong verdict is read.
Uncovering the Truth: Murder of a 16 year old
Speaking Engagements
Faculty Advisor at Baby Prosecutor School, TDCAA Trial Skills Course
Professor Charles Bubany Guest Lecturer, Texas Tech University School of Law
Staged Crime Scene Course
Second Look Training
Train the Trainer
Advanced Trial Advocacy Course
Legal Answers
8 Questions Answered
Q. Can police legally unlock and search my glovebox without a warrant
A: You're best legal challenge would be the reason for the initial detention. In Texas a police officer has to have reasonable suspicion that a traffic violation has occurred to pull over a vehicle. If the only reason the officer had to pull you over was the expired registration sticker it may well be that the stop was Illegal and all of the evidence found form the stop is "fruit of the poisonous tree" and should be suppressed leading to a dismissal. However it isn't agreed upon throughout the state that the registration sticker is an invalid reason for a stop. Governor Greg Abbott has announced that the temporary waiver of certain vehicle title and registration requirements will end on April 14, 2021. So until that time you cannot be convicted of the offense of displaying an expired registration sticker, but it is an open question undecided by the courts as to if an officer may begin an investigative detention. In Harris County the District Attorney's Office has issued memoranda to the assistants to this effect but in other counties you may be dealing with a different situation. As far as the searching of the locked glove box, California v. Acevedo from the United States Supreme Court holds that an officer may search the entire car inside and out including locked containers like a locked glove box if the officer has probable cause that evidence of a crime will be found in the vehicle. In this instance you seemed to indicate that marihuana was taken from your person prior to the search of the vehicle. Depending on how any why your person was searched this could lead to enough probable cause to search the locked glove box based on what is called the "automobile exception." The automobile exception would not save the legality of the search if it is ruled that the stop was invalid because of the registration issue.
Q. Is it ever permissible for a person charged with a crime in the state of Texas did not see a judge at all
A: It sounds like you made a bond prior to your initial appearance. The first hearing that is normally held is called an Article 15.17 hearing and a county has 48 hours to complete this hearing. If you bonded out prior to the hearing the police may have not delivered your case to the district attorney's office and it may or may not be filed in the courts. All of these things depend on a number of factors including where you were arrested and for what offense. Here's what the first part of Article 15.17 requires: Art. 15.17. DUTIES OF ARRESTING OFFICER AND MAGISTRATE. (a) In each case enumerated in this Code, the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state.
Q. My son got a citation for failure to control speed in College Station, there was absolutely no damage to either vehicle,
A: It is difficult to predict exactly what a prosecutor would do in particular cases. However, it is very common that young offenders who are able to show that they have fixed the damage to other's vehicles are offered either community service or other conditions to complete in return for a dismissal of class "c" charges. Hiring a lawyer can be helpful so that you can avoid appearing in court and a plea offer like this can be negotiated. The College Station Municipal court is somewhat restrictive in what they typically approve and the defense of he is a young college student is something they hear all the time.
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Contact & Map
Brian Foley Law PLLC
412 W. Phillips St. Suite 125
Conroe, TX 77301
Telephone: (936) 596-0407