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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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Biography

BOARD CERTIFIED & FORMER CHIEF PROSECUTOR

Brian Foley is a former prosecutor in Brazos County, Texas and is Board Certified in Criminal Law. As a prosecutor Brian Foley was a member of the vehicular crimes team specializing in DWI cases that involve serious bodily injury or death and a member of the domestic violence unit that focuses on Assault Family Member cases.

FREE CONSULTATION

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
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Cannabis & Marijuana Law
Marijuana Business Formation, Medical Marijuana
Juvenile Law
Fees
  • Free Consultation
  • Credit Cards Accepted
    Accepts all major credit cards
Jurisdictions Admitted to Practice
Texas
State Bar of Texas
ID Number: 24073297
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Languages
  • American Sign Language
  • English
  • Spanish
Professional Experience
Managing Partner and Trial Attorney
Brian Foley Law PLLC
- Current
Felony Chief Prosecutor
Harris County District Attorney's Office
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Assistant District Attorney
Montgomery County District Attorney's Office
-
Editorial Board Member
Texas District and County Attorney Association
-
Assistant District Attorney
Polk County District Attorney's Office
-
Assistant County Attorney
Brazos County Attorney's Office
-
Felony Special Prosecutor
Madison County District Attorney
Law Clerk
Glasheen, Valles, Inderman & DeHoyos L.L.P.
White House Intern
The White House
Education
Texas Tech University School of Law
J.D. (2010) | Law
First Year Appellate Advocate Champion; National Champion NLLSA Criminal Law Trial Advocacy; National Order of the Barristers; McWhorter, Cobb, & Johnson Outstanding Barrister Award; Judge's Chairman of the Board of Barristers; Texas Bar College
Texas Tech University School of Law Logo
Texas A&M University
B.S. (2007) | Political Science & History
Honors: magna cum laude
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Awards
Professional Associations
State Bar of Texas  # 24073297
Member
Current
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Texas Bar Association
Member
Current
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Texas Bar College
Member
Current
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Publications
Articles & Publications
Top 10 strategies for winning a DWI Trial
Avvo Legal Guide
A Plan for Cross Examination
TDCAA
Objections at every phase of trial.
TDCAA
The Steve Harvey Effect | What to do when the wrong verdict is read.
TDCAA
I've Been Shot! Or Maybe Not: Staged Crime Scene Analysis
TDCAA
Rise of the Synthetics: Synthetic Drugs Rise in America
TDCAA
I object to his Objection, the rules of evidence don't apply to suppression hearings.
TDCAA
The Court of Criminal Appeals Takes a Shot at Loud Parties with Lots of Weed
TDCAA
Uncovering the Truth: Murder of a 16 year old
TDCAA
Loud Parties with Lots of Weed and Police come a'knockin: Kentucky v. King
TDCAA
Misdemeanor Voir Dire | How to Pick a jury for a DWI or other misdemeanor
TDCAA
Speaking Engagements
Faculty Advisor at Baby Prosecutor School, TDCAA Trial Skills Course
Professor Charles Bubany Guest Lecturer, Texas Tech University School of Law
Certifications
Board Certified in Criminal Law
Texas Board of Legal Specialization
Websites & Blogs
Website
Brian Foley Law PLLC
Blog
Brian Foley Law PLLC | Blog
Videos
Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice nor do they create an attorney client relationship. For more information visit www.brianfoleylaw.com Conroe Criminal Defense Lawyer

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice nor do they create an attorney client relationship. For more information visit www.brianfoleylaw.com

Assault Charges in Texas. How to get an assault case dismissed. Montgomery County Assault Charges. Harris County Assault Charge. Houston Assault Lawyer. Conroe Assault Lawyer. Brian Foley is a Criminal... Assault Charges in Texas

Assault Charges in Texas. How to get an assault case dismissed. Montgomery County Assault Charges. Harris County Assault Charge. Houston Assault Lawyer. Conroe Assault Lawyer. Brian Foley is a Criminal...

Montgomery County, Texas Boating While Intoxicated Lawyer Brian Foley discusses the issues facing boaters on Lake Conroe when arrested for BWI. Audio by www.bensound.com www.brianfoleylaw.com #criminaldefenseattorney #boating Boating While Intoxicated (BWI) in Montgomery County, Texas

Montgomery County, Texas Boating While Intoxicated Lawyer Brian Foley discusses the issues facing boaters on Lake Conroe when arrested for BWI. Audio by www.bensound.com www.brianfoleylaw.com #criminaldefenseattorney #boating

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Can a 17 year old be charged as an adult in Texas

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Conroe Criminal Defense Attorney - Cross Examination on HGN for DWI cases

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Conroe DWI Lawyer, Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not... Conroe DWI Lawyer

Conroe DWI Lawyer, Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice nor do they create an attorney client relationship. For more information visit www.brianfoleylaw.com music by: https://www.bensound.com Conroe DWI Lawyer - Dirty Little Secret - DWI First - Refusal No Test

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice nor do they create an attorney client relationship. For more information visit www.brianfoleylaw.com music by: https://www.bensound.com

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Conroe Marijuana Attorney - Defenses to Possession of Marijuana cases in Texas

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Lawyer Discusses Artificial Intelligence (A.I.)

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Montgomery County Texas Criminal Defense - Frequently Asked Questions

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Spring Criminal Defense and DWI Attorney Brian Foley

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Texas Rule of Evidence 407 Subsequent Remedial Measures

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Texas Rule of Evidence 408

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Texas Rule of Evidence 409 - Texas Criminal Defense Attorney

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Texas Rule of Evidence 410

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Texas Rule of Evidence 412 - Conroe Criminal Defense Attorney

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Texas Rule of Evidence 501

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Texas Rules of Evidence 406

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Texas Rules of Evidence 411

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... The Woodlands Texas DWI Attorney - What you need to know about DWI in Montgomery County

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

The Woodlands Texas Theft Attorney Brian Foley, Board Certified in Criminal Law, discusses Theft charges in Montgomery County, Texas. Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in... The Woodlands Texas, Theft Attorney - Everything you need to know about theft cases.

The Woodlands Texas Theft Attorney Brian Foley, Board Certified in Criminal Law, discusses Theft charges in Montgomery County, Texas. Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Top 2 Crimes people are arrested for in Montgomery County, Texas

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice... Woodlands Criminal Defense Attorney - College Park High School Student Arrests for THC Vape Pen

Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice...

Possession of Marijuana Attorney in The Woodlands Texas, Board Certified Criminal Defense Attorney Brian Foley discusses Marijuana cases in Conroe, The Woodlands, Willis, Montgomery, Woodforest and other locations. audio by... Woodlands Criminal Defense Attorney - Possession of Marijuana

Possession of Marijuana Attorney in The Woodlands Texas, Board Certified Criminal Defense Attorney Brian Foley discusses Marijuana cases in Conroe, The Woodlands, Willis, Montgomery, Woodforest and other locations. audio by...

Legal Answers
8 Questions Answered
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. ... Read More
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.
Q. I got the speeding ticket while I was travelling to school in Arlington, TX . Later I forgot to pay the fine and one day
A: Most employers do not consider Class C offenses against applicants. Having a warrant related to traffic offenses is very common and most job applications request disclosure of criminal offenses "other than class C" offenses for this very reason. If you are asked about it indicating that you took care of the issues shows that you can follow through and could actually be seen as a good quality.
View More Answers
Contact & Map
Brian Foley Law PLLC
Conroe Office
412 W. Phillips St.
Suite 125
Conroe, TX 77301
Telephone: (936) 596-0407
Monday: Open 24 hours (Today)
Tuesday: 6 AM - 11:30 AM
Wednesday: 6 AM - 11:30 AM
Thursday: 6 AM - 11:30 PM
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours
Brian Foley Law PLLC
Woodlands Market Street Office
9595 Six Pines Drive
Bld 8, Level 2, Suite 8210
The Woodlands, TX 77380
Telephone: (936) 596-0407
Monday: Open 24 hours (Today)
Tuesday: 6 AM - 11:30 PM
Wednesday: 6 AM - 11:30 PM
Thursday: 6 AM - 11:30 PM
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours