Brian Foley

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

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

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Texas

State Bar of Texas

ID Number: 24073297

Since 2010

Managing Partner and Trial Attorney

Brian Foley Law PLLC

2021 - Current

Felony Chief Prosecutor

Harris County District Attorney's Office

2019 - 2021

Assistant District Attorney

Montgomery County District Attorney's Office

2015 - 2019

Editorial Board Member

Texas District and County Attorney Association

2014 - 2017

Assistant District Attorney

Polk County District Attorney's Office

2013 - 2015

Assistant County Attorney

Brazos County Attorney's Office

2010 - 2013

Felony Special Prosecutor

Madison County District Attorney

2012

Law Clerk

Glasheen, Valles, Inderman & DeHoyos L.L.P.

2009

White House Intern

The White House

2005

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 A&M University

B.S. (2007) | Political Science & History

Honors: magna cum laude

10.0 Superb Rating

Avvo

2023

Best DUI Lawyers in The Woodlands

Expertise.com

2023

Best DUI Lawyers in College Station

Expertise.com

2023

Texas Bar College

Member

Current

State Bar of Texas  # 24073297

Member

Current

Texas Bar Association

Member

Current

Top 10 strategies for winning a DWI Trial

Avvo Legal Guide

2021

A Plan for Cross Examination

TDCAA

2020

Objections at every phase of trial.

TDCAA

2020

The Steve Harvey Effect | What to do when the wrong verdict is read.

TDCAA

2018

I've Been Shot! Or Maybe Not: Staged Crime Scene Analysis

TDCAA

2017

Faculty Advisor at Baby Prosecutor School, TDCAA Trial Skills Course

Professor Charles Bubany Guest Lecturer, Texas Tech University School of Law

Board Certified in Criminal Law

Texas Board of Legal Specialization

2022

Q. Can police legally unlock and search my glovebox without a warrant

February 15, 2021

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. ... Read More

Q. Is it ever permissible for a person charged with a crime in the state of Texas did not see a judge at all

February 13, 2021

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,

February 12, 2021

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.