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Yes, police in Texas can legally lie to you during questioning. A former prosecutor explains why arguing with or correcting an officer backfires — and why the right response is to stay polite, stay quiet, and ask for a lawyer.
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Prosecutors size up the defense lawyer before they size up the case. A former Harris County Felony Chief explains why a reputation for trying cases produces better offers, more discovery, and more dismissals.
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A former Harris County Felony Chief explains why talking to police after an arrest is the most common — and most damaging — mistake, how 'helpful' explanations become the State's best evidence, and what to say instead.
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Jury selection is the only conversation a defense lawyer gets with the jury. A Houston trial attorney and former Felony Chief explains how voir dire is used to build trust, surface bias, and find jurors who will listen to the defense.
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The first plea offer in a Harris County criminal case is made before the prosecutor knows the weaknesses in the case. A former Felony Chief explains how offers improve as the defense reviews evidence, files motions, and prepares for trial.
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What you tell an officer at the scene rarely prevents an arrest, but it is recorded on body camera and used against you at trial. A former prosecutor explains why the scene is the wrong place to explain — and where the right place is.
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Whether to accept a plea or go to trial is the client's decision, not the lawyer's. A Houston criminal defense attorney explains what a lawyer must lay out — the offer, the trial exposure, the odds, and the collateral consequences — so the choice is informed.
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A former Harris County Felony Chief explains the Texas grand jury — who sits on it, what it hears, why the defense is not in the room, and how a grand jury packet can persuade twelve citizens to no-bill a felony before it is ever indicted.
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Jurors reward candor and punish performance. A Houston trial attorney and former Felony Chief explains why authenticity — admitting weaknesses, speaking plainly, believing in the case — is the most persuasive tool a defense lawyer has.
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In Harris County, the DA's intake division — not the arresting officer — decides whether charges are accepted and what they are. A former prosecutor who worked intake explains the process and why early defense involvement can change the charge.
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Jail calls, text messages, social media, and roadside statements become the prosecution's theme. A former Harris County prosecutor explains the four places your own words are collected — and how to stop feeding the State its case.
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Some things in a criminal case must happen in days; others should not be rushed. A Houston criminal defense attorney explains what to do immediately after an arrest and why patience often produces a better outcome than a fast plea.
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Proactive mitigation — evaluations, classes, treatment, community service — completed before a case is resolved gives Harris County prosecutors a reason to reduce or dismiss. A former prosecutor explains what works and when to start.
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A criminal trial is governed by rules of evidence and procedure, not by what actually happened. A Houston criminal defense attorney explains hearsay, confrontation, suppression, and predicate — and why the lawyer who knows the rules controls what the jury hears.
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Being innocent does not stop an arrest, a bond condition, a plea offer, or a conviction. A former Harris County prosecutor explains how innocent people get convicted — and what a defense lawyer does to prevent it.
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How do defense lawyers pick a jury in Texas? A Houston trial attorney explains challenges for cause, peremptory strikes, and why the real work of voir dire is getting jurors talking and listening for the ones who can be fair.
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A former Harris County Felony Chief explains why the statement a suspect gives is so often the evidence that convicts them — and how invoking the right to remain silent, clearly and early, changes the outcome of a case.
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Memory under stress is unreliable, and prosecutors know it. A Houston criminal defense attorney explains how honest inconsistencies between a scene statement and later testimony are framed as lies — and why the safest account is the one never given.
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Officers project certainty because it works. A former Harris County prosecutor explains why 'we already know everything' is an interrogation technique, what investigators usually actually have, and how to respond.
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Ordinary social instincts — explain, cooperate, be helpful — work against you in a criminal investigation. A former Harris County prosecutor explains the different rules of the justice system and the deadlines that make the first days after an arrest critical.
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The system does not know you are innocent — it knows what is in the file. A former Harris County Felony Chief explains how a lawyer who has worked inside the process turns innocence into a dismissal.
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Under Texas Rule of Evidence 801, anything you say can be used against you as an admission — but your own helpful statements are inadmissible hearsay. A Houston criminal defense attorney explains why talking to police can only hurt.
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'I'll kill you' shouted in an argument is a terroristic threat charge in Texas — and words before a fight become evidence of intent. A former Domestic Violence Unit prosecutor explains how angry words are charged and defended.
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The prosecutor's job is to convict; the judge's job is to referee; the officer's job is to close the case. A former Harris County Felony Chief explains why nobody in the system is looking out for you except your defense lawyer.
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A first arrest in Harris County has off-ramps — pretrial intervention, deferred adjudication, reductions, dismissal, expunction, and nondisclosure. A Houston criminal defense attorney explains each path and why preparation decides which one you get.
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'How can you defend those people?' A former Harris County Felony Chief answers — criminal defense protects the individual against the State, the constitutional rights everyone relies on, and the life a client still has to live after the case.
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Can a marijuana user legally own a gun? A Houston criminal defense attorney explains the federal 'unlawful user' firearm ban in 18 U.S.C. § 922(g)(3), the Supreme Court's recent decision on how it applies to marijuana users, and the practical risks for Texans.
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Standardized field sobriety tests are scored on an officer's judgment, and NHTSA's own manual admits they fail sober people. A former Vehicular Crimes prosecutor explains the details — surface, footwear, weather, injuries, instructions — that defense lawyers use to challenge them.
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Getting arrested for DWI in Houston is overwhelming. A Houston DWI attorney explains five critical mistakes to avoid — from missing the ALR hearing to talking too much to police.
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Facing federal criminal charges can be overwhelming. Understanding the role of Houston federal defense attorneys is crucial to the outcome of your case.
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A Houston criminal defense attorney explains five things to know before talking to the police in 2026 — your right to leave, to refuse searches, and to remain silent, and why innocent people should stay quiet.
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A product sold legally at a licensed Texas smoke shop can still be charged as felony THC possession once a crime lab tests it. A Houston drug defense attorney explains the gap between hemp retail law and the Controlled Substances Act — and how these cases are defended.
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Delta-8, delta-10, and THCA are not named in the Texas Controlled Substances Act — but Penalty Group 2 covers 'tetrahydrocannabinols' broadly. A Houston drug defense attorney explains how these products are charged, the DSHS rule fight, and the defenses that work.
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Marijuana flower is a misdemeanor in Texas, but a THC vape cartridge is a state jail felony — Penalty Group 2, weighed including the oil and adulterants. A Houston drug defense attorney explains the law, the penalties, and the defenses.
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Choosing the right Houston criminal defense attorneys is a critical step toward protecting your rights and securing the best possible outcome. Practical advice to help you decide.
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You can refuse a vehicle search in Texas, and refusing is not probable cause. A Houston criminal defense attorney explains why officers ask, what consent gives away, and the exact words to use.
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Most people arrested in Harris County did not know they were breaking the law. A Houston criminal defense attorney lists the everyday things that are crimes in Texas — vapes, guns in the wrong place, angry words, a 'loan' of a car — and why ignorance is not a defense.
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Permitless carry did not change Texas Penal Code § 46.03. A Houston weapons defense attorney lists the places where a lawfully owned handgun becomes a third-degree felony — 51% bars, schools, polling places, courthouses, airports, hospitals — and how these cases are defended.
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Police encounters are designed to overwhelm. A Houston criminal defense attorney gives a plan to decide on before it happens — what to do with your hands, what to hand over, what to say, and the one sentence that ends questioning.
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Top DWI lawyer tips to navigate Houston's legal landscape — understanding DWI laws, what to do after an arrest, choosing a lawyer, common defenses, and protecting your future.
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A traffic stop, step by step, from a former Harris County prosecutor: pulling over, hands and documents, which questions to decline, 'am I free to go,' refusing searches and sobriety tests, and what happens if you are arrested.
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The Fourth Amendment lets you refuse a search of your vehicle, home, phone, and person. A Houston criminal defense attorney explains when police need a warrant, what consent gives away, and why refusing is never evidence against you.
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The five mistakes that can turn a winnable Houston DWI into a conviction — and what to do instead. From Board Certified DWI attorneys and former prosecutors.
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A step-by-step 2026 guide to surviving a DWI arrest in Houston and Harris County: the 15-day license deadline, breath and blood tests, penalties, and how to protect your record. From Board Certified DWI attorneys and former prosecutors.
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'I have nothing to hide' is the sentence that precedes most wrongful convictions. A former Harris County prosecutor explains how truthful statements from innocent people become inconsistencies, admissions, and evidence — and what to do instead.
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In a Houston DWI stop, your answers about drinking, the field sobriety tests, and the roadside breath test are the State's case. A former Vehicular Crimes prosecutor explains what you can decline, what you cannot, and the 15-day deadline that follows.
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Texas defines intoxication two ways: loss of the normal use of mental or physical faculties, or a 0.08 alcohol concentration. A Houston DWI attorney explains both prongs, why you can be convicted under 0.08, and how each is defended.
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One bad night is how most Harris County DWI cases start. A Houston DWI attorney walks through the first 15 days after the arrest — the license deadline, the first court date, the evidence, and the realistic outcomes for a first offense.
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A Board Certified Houston DWI attorney and former Vehicular Crimes prosecutor explains Texas DWI law from the stop to the courtroom — intoxication, tests, the 15-day license deadline, penalties, and defenses.
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You do not have to open the door for police without a warrant. A Houston criminal defense attorney explains the 'knock and talk,' why stepping outside can waive your rights, what a real warrant looks like, and the exact words to use through a closed door.
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Harris County runs no-refusal DWI enforcement every New Year's. A Houston DWI attorney compares the cost of a rideshare with the real cost of a first DWI — fines, state fees, interlock, insurance, and a permanent record — and what to do if the night already went wrong.
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A former Vehicular Crimes prosecutor who worked New Year's Eve no-refusal shifts explains how Harris County DWI enforcement works on the biggest night of the year — the warrants, the patrols, the blood draws — and the plan that keeps you out of it.
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When can you legally use force to protect someone else in Texas? A former prosecutor explains Penal Code § 9.33, the two-part 'reasonable belief' test, and how it is argued in a Harris County assault case.
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You break up a fight to protect a friend and end up charged with assault. A Houston criminal defense attorney explains how Texas Penal Code § 9.33 applies to the bar fight, the parking lot, and the family argument — and the two mistakes that lose the defense.
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You intervene to protect a stranger and learn later the 'victim' started it. Are you protected? A Houston criminal defense attorney explains how Texas Penal Code § 9.33 judges you on what you reasonably believed — and how to preserve that defense.
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Texas self-defense law is more conditional than the 'stand your ground' slogan suggests. A Houston self-defense attorney explains the four details in Penal Code § 9.32 that decide deadly-force cases: immediacy, reasonableness, provocation, and retreat.
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Texas Penal Code § 9.32(b) presumes your use of deadly force was reasonable when someone unlawfully and forcibly enters your home, vehicle, or workplace. A Houston self-defense attorney explains the presumption, its three conditions, and what it means at trial.
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A justified shooting can still end in an indictment if the first hours are handled wrong. A Houston self-defense attorney explains the 911 call, the scene statement, evidence preservation, and the Harris County grand jury review under Penal Code § 9.32.
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When is deadly force legal in Texas? Former prosecutors explain Penal Code § 9.32 — the 'immediately necessary' standard, the crimes that justify deadly force, the Castle Doctrine presumption, and no duty to retreat.
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Texas Penal Code Section 9.33 allows individuals to use force, including deadly force, to defend a third person if specific criteria are met. A Houston criminal defense lawyer explains.
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A Houston criminal defense attorney explains Texas Penal Code § 9.32, the Castle Doctrine, when deadly force in defense of a person is justified, the presumption of reasonableness, and stand your ground.
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A dismissed case still shows up on background checks until it is expunged. A Houston criminal defense attorney explains expunction (record destroyed) vs. order of nondisclosure (record sealed), who qualifies, the waiting periods, and the process in Harris County.
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In Texas, DWI (Penal Code § 49.04) is the intoxication offense for any driver, and DUI (Alcoholic Beverage Code § 106.041) is the zero-tolerance Class C offense for drivers under 21. A Houston DWI attorney explains the elements, penalties, and why minors can face either charge.
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A dismissed or acquitted DWI can be expunged. A first DWI conviction can be sealed under Government Code § 411.0731 if the BAC was under 0.15, no one was hurt, and the waiting period has passed. A Houston DWI attorney explains the rules.
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Legal hemp smells identical to marijuana, so 'I smelled marijuana' is no longer the automatic probable cause it once was. A Houston drug defense attorney explains the current law, what officers add to justify searches, and how odor-based searches are challenged.
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A DWI is two cases with a 15-day deadline, scientific evidence, enhancement rules, and a conviction that can never be expunged. A Houston DWI attorney explains what a self-represented defendant gives up by pleading at the first setting.
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Searching for a Houston DUI lawyer? In Texas it's DWI, and 2025 brought a $3,000–$6,000 state fine, routine no-refusal blood warrants, and expanded nondisclosure. A Houston DWI attorney summarizes what a first offense looks like in Harris County today.
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Harris County's marijuana diversion program does not apply when a firearm is present. A former Harris County prosecutor explains how a gun turns a small marijuana case into unlawful carrying, why federal referral is possible, and how these cases are defended.
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Texas requires 'affirmative links' between you and the marijuana — proximity is not enough. A former Harris County prosecutor explains the links, the hemp lab problem, and the trial methods that produce acquittals in possession cases.
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Asleep in the driver's seat of a Tesla on Autopilot? Texas law says you are still 'operating' the vehicle. A Houston DWI attorney explains the operating element, the Denton v. State standard, and why driver-assist technology is not a DWI defense.
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A former Harris County prosecutor who reviewed thousands of arrests explains the errors that show up again and again — wrong charges, invalid stops, misscored sobriety tests, bad identifications — and how a defense lawyer finds them.
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E-warrants, body cameras, interlocks, SCRAM monitors, vehicle event data, phone location, and rideshare records — a Houston DWI attorney explains the technology in a modern Harris County DWI case and how each piece cuts for or against the driver.
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Concealing marijuana inside your body during a police encounter does not avoid a possession charge — it adds tampering with physical evidence, a third-degree felony. A Houston drug defense attorney explains the law and the rules on body-cavity searches.
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A Houston DUI attorney gives a 2025 update on Texas DWI and DUI laws, the differences between them, clearing your record, and how technology is reshaping DWI cases.
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Senate Bill 2024 makes selling cannabinoid e-cigarettes a misdemeanor in Texas — but possessing a THC vape was already a Penalty Group 2 felony. A Houston drug defense attorney separates the new retailer offense from the consumer's existing exposure and the unresolved delta-8/THCA fight.
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SB 2024 makes it a Class B misdemeanor to sell e-cigarettes designed to look like highlighters, USB drives, toys, or school supplies in Texas. A Houston criminal defense attorney explains the provision, the school angle, and why a disguised device escalates a stop.
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Effective September 1, 2025, Texas SB 2024 makes it a Class B misdemeanor to market or sell e-cigarettes made in China, containing cannabinoids or other listed substances, or disguised as other products. A Houston criminal defense attorney explains who is exposed and how the law fits with THC possession charges.
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Are THC vape pens illegal in Texas? Houston criminal defense attorneys break down Senate Bill 2024, Senate Bill 6, and how Texas counties treat THC derivatives under Penalty Group 2.
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Learn how Texas Penal Code Sec. 9.21 can be used as a Public Duty defense. A Houston Criminal Lawyer explains your rights and legal options.
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Texas has five nondisclosure statutes with different rules. A Houston criminal defense attorney explains eligibility — automatic sealing for some deferred adjudications, petition-based sealing for others and for misdemeanor convictions, the DWI provision, the waiting periods, and what can never be sealed.
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An old marijuana case can almost always be cleared in Texas. A Houston criminal defense attorney explains which outcomes qualify for expunction, which qualify for nondisclosure, the waiting periods, and how the Harris County diversion program affects your record.
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Both deferred-adjudication probation and conviction probation on a Texas misdemeanor can be sealed — under different statutes with different waiting periods. A Houston criminal defense attorney explains Government Code §§ 411.072, 411.0725, and 411.073 and how to tell which one applies.
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A former Harris County Felony Chief explains plea negotiation from the inside — the five things prosecutors weigh, where the defense gets leverage, the role of the complainant and the supervisor, and why timing decides the offer.
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An arraignment in Texas is the formal reading of the charge and entry of a plea — usually 'not guilty' — followed by a reset. A Houston criminal defense attorney explains what to expect at the first setting in Harris County, what a lawyer does there, and what not to do.
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Brian Foley outlines what happens when you get arrested in Houston, Texas in 2025 — from arrest and bail through evidence disclosure, arraignment, plea bargains, and expunction.
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A Houston DWI attorney explains how to fight and potentially dismiss a DWI case even after a blood draw, from challenging the traffic stop to scrutinizing the blood test.
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A dismissed, diverted, or acquitted marijuana case in Harris County can be expunged — destroyed from every agency's records. A Houston expunction attorney explains Chapter 55 eligibility, the waiting periods, the diversion-program wrinkle, and what the order does.
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Harris County is once again making full arrests for simple possession of marijuana. Brian Foley explains what happens after an arrest and how to get the case dismissed and expunged.
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A dismissed marijuana case stays visible on DPS, county, and private background checks until expunged. A Houston expunction lawyer explains what employers see, why it costs jobs and housing, and how a Harris County expunction petition fixes it.
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Harris County Pretrial Services supervises defendants on bond — check-ins, drug tests, interlock, GPS — before any conviction. A Houston criminal defense attorney explains how it works, what a violation means, and how to get conditions modified.
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The Fifth Amendment, Article I § 10 of the Texas Constitution, and Code of Criminal Procedure Art. 38.08 protect your silence. A Houston criminal defense attorney explains what the right covers, what it does not, the words to invoke it, and why your silence cannot be used against you at trial.
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In an assault case, the complainant's knuckles and the defendant's forearms often tell the truth the 911 call did not. A former prosecutor explains the injury patterns that prove self-defense and why the defense must photograph them before they fade.
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When a detective leaves a card or calls to 'get your side,' the right response is to have a lawyer call back. A former Harris County prosecutor explains what the detective is really doing, what a lawyer can learn, and how a statement — if any — should be given.
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Negotiating a criminal case is a presentation, not a plea. A former Harris County Felony Chief explains the written negotiation packet — case weaknesses, mitigation, and a specific ask — and why prosecutors approve requests they can defend to a supervisor.
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Texas Penal Code Section 9.31 governs the use of non-deadly force in self-defense. A Houston assault lawyer breaks down the reasonable-belief standard, the presumptions, the limits, and stand your ground.
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Every Harris County assault and theft case begins with a prosecutor's call to the complainant. A former prosecutor explains what is asked, how an affidavit of non-prosecution is handled, and why the State often proceeds without the victim — and what that means for the defense.
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A Houston criminal lawyer explains Texas Penal Code Section 9.22, the necessity defense, its three conditions, and real-world examples of when it applies.
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After a federal arrest in Houston, three hearings come fast: the initial appearance, the detention hearing under 18 U.S.C. § 3142, and the arraignment. A Houston federal defense attorney explains each one and how the defense prepares for release.
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From target letter to sentencing, a federal case in the Southern District of Texas runs on different rules — the Guidelines, the presumption of detention, 5K1.1 cooperation, and a 97% plea rate. A Houston federal defense attorney explains what to expect and how the firm prepares.
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Silence, counsel, refusal of searches, a speedy public jury trial, confrontation, compulsory process, and the presumption of innocence — a Houston criminal defense attorney explains each right in a Harris County case and the specific way people waive it without meaning to.
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A Houston criminal lawyer explains Texas Penal Code Section 9.06, Civil Remedies Unaffected, and how justified conduct can still lead to civil liability.
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Promises of dismissal at the first meeting, refusal to discuss weaknesses, and fees that change with the outcome are red flags. A Houston criminal defense attorney explains what an honest assessment sounds like and why it produces better results than a confident one.
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A prior conviction can turn a misdemeanor into a felony, double the punishment range, raise the bond, and close off diversion. A former Harris County prosecutor explains Texas enhancement law — Penal Code § 12.42, § 12.43, DWI and family-violence priors — and what the defense can still do.
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'Probation' is not a plea deal — the charge, deferred vs. conviction, affirmative findings, conditions, fines, and sealing eligibility are. A Houston criminal lawyer explains each negotiable term in a Harris County plea and the collateral consequences that ride on them.
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Managing partner Brian Foley answers the top criminal lawyer questions in Houston, Texas — misdemeanor vs. felony, intent, plea deals, self-defense, juveniles, and your rights.
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Talking to FBI, DEA, HSI, IRS, or ATF agents without a lawyer risks a separate felony — 18 U.S.C. § 1001 — for any false statement, with no recording and the agent's notes as the record. A Houston federal defense attorney explains the risk and the response.
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A Houston DWI attorney explains how to cross-examine the arresting officer in a DWI case using Irving Younger's 10 Commandments and NHTSA field sobriety test standards.
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A Houston criminal defense attorney explains Texas Penal Code Section 9.05, the reckless injury of innocent third persons, and how it can affect a self-defense case.
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A Harris County toxicologist was fired in January 2025 for being untruthful, potentially impacting more than 1,200 court cases. A Houston DWI lawyer explains what it means for DWI defendants.
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A first DWI in Texas has a 72-hour minimum, but most Harris County first offenders serve no additional jail time. A Houston DWI attorney explains time-served credit, probation, jail as a condition, and the DWI facts that make jail a real possibility.
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Not pulling over promptly can be charged as evading arrest with a vehicle (Penal Code § 38.04, state jail felony) or fleeing a police officer (Transportation Code § 545.421, Class B misdemeanor). A Houston criminal attorney explains the elements, the difference, and how to get the felony reduced.
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A Texas DWI conviction never falls off your record, and there is no look-back period — a decades-old DWI still enhances a new one. A Houston DWI attorney explains permanence, enhancement, insurance and employment effects, and the nondisclosure exception for a first DWI.
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Texas officers may make a custodial arrest for nearly any traffic violation under Transportation Code § 543.001 and Atwater v. Lago Vista. A Houston criminal attorney explains the speeding and open-container exceptions, the signature rule, and why a ticket arrest is usually about the search.
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After a traffic arrest, police may search your person — but under Arizona v. Gant they may search your car only if you can reach it or if evidence of the arrest offense might be inside. A Houston criminal attorney explains the limits and how ticket-arrest searches are suppressed.
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When police impound a car after a traffic arrest, they may inventory its contents without a warrant — but only under a standardized policy and not as a pretext. A Houston criminal lawyer explains South Dakota v. Opperman, Colorado v. Bertine, and how inventory searches are suppressed.
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A Houston DWI lawyer answers the top questions people ask about Driving While Intoxicated cases in Houston, Texas in 2025 — from what qualifies as a DWI to penalties and defenses.
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Can you be arrested for a false report in a family violence case? Former prosecutors Brian Foley and Luis Baez explain recanting, evidence-based prosecution, protective orders, and bond conditions.
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A 'suspicious vehicle' call lets an officer approach your parked car — but not detain you without reasonable suspicion. A Houston criminal attorney explains consensual encounters, the community-caretaking exception, anonymous tips under Florida v. J.L., and how parked-car DWI and drug cases are suppressed.
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Texas Penal Code § 38.02 requires you to give your name, address, and date of birth only after a lawful arrest. Detained pedestrians may refuse; drivers must show a license. A Houston criminal lawyer explains the rule, the false-ID trap, and the 2023 driver-ID amendment.
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Texas's 'failure to identify' statute, Section 38.02, dictates when you must provide your name, address, or ID to a peace officer — and the consequences of refusing or lying.
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Arrested for public intoxication on the Seawall or the Strand? Penal Code § 49.02 requires proof you were intoxicated to a degree that you may endanger yourself or others — an element officers rarely document. A Galveston defense attorney explains the charge, the defenses, and expunction.
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Aggravated assault is a second-degree felony and a 3G offense. A former Harris County Felony Chief explains the four things to do immediately — silence, a lawyer before the grand jury, evidence preservation, and attacking the 'deadly weapon' and 'serious bodily injury' elements.
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Officers may search a car without a warrant if they have probable cause that it contains contraband. A Houston criminal lawyer explains the automobile exception, what facts establish probable cause, the ones that do not — nervousness, air fresheners, refusal — and how these searches are suppressed.
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Legal insights from Houston Criminal Defense Attorneys PLLC on the aggravated assault with a deadly weapon charge against Dallas Mavericks assistant coach Darrell Armstrong.
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Can shining a tactical flashlight at an officer get you charged in Texas? A former prosecutor explains assault on a public servant, interference with public duties, and resisting arrest — and why the officer's word usually starts the case.
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A viral Jeep Wrangler video sparks a legal breakdown from Houston Criminal Defense Attorneys PLLC on roadblocks, who has authority to stop you, and when driving forward becomes aggravated assault.
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Aggravated assault by threat — Penal Code § 22.02(a)(2) — is a second-degree felony for threatening someone while using or exhibiting a deadly weapon. No contact, no injury. A Houston criminal attorney explains the elements, the road-rage and neighbor-dispute scenarios, and the defenses.
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Police can search a vehicle in Texas five ways: consent, probable cause, incident to arrest, inventory, or a warrant. A Houston criminal lawyer explains each exception, what the officer must prove afterward, and why refusing consent is the single most important thing a driver can do.
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Texas Penal Code Section 9.04, 'Threats as Justifiable Force,' clarifies when a threat of force — such as displaying a weapon — can be legally justified without amounting to the use of deadly force.
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A Harris County case and a Southern District of Texas federal case differ in who investigates, how charges are filed, detention, discovery, sentencing, parole, and plea rates. Former prosecutors explain each difference and why federal defense requires different preparation.
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A target letter means a federal grand jury has substantial evidence against you and indictment is likely. A Houston federal defense attorney explains what the letter says, what not to do, and how the pre-indictment window is used to avoid or reduce charges.
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What a federal target letter means and the steps to take if you receive one — insights from Houston Criminal Defense Attorneys, PLLC.
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Answers to the most frequent questions asked by those facing federal charges in Houston — from the charges and your rights to bail, penalties, and what to do next.
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Federal drug charges carry severe penalties and mandatory minimums. Brian Foley and Luis Baez explain federal drug investigations, common offenses, and how to defend against them in Houston.
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A Houston federal drug charge lawyer explains the U.S. federal sentencing guidelines for drug offenses — base offense levels, mandatory minimums, the safety valve, and substantial assistance.
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A focus on drug trafficking charges in Houston — the most common federal crime, the Controlled Substances Act, and how the U.S. Sentencing Guidelines determine the penalty.
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A Houston criminal defense attorney explains Texas Penal Code Section 9.03, when confinement can be justifiable force, its requirements, and the role of citizen's arrest.
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A Houston criminal defense attorney explains Texas Penal Code Section 9.02, the justification defense, the scenarios in Chapter 9 where it applies, and its limitations.
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Does a DWI go on your record in Texas? A Houston DWI attorney explains what a 'record' really is, how long a DWI stays, and the difference between expunction and non-disclosure.
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Houston DWI attorney Brian Foley breaks down the walk-and-turn field sobriety test — the eight clues officers look for, who shouldn't be tested, and why the video matters most.
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A Houston DWI attorney explains how to cross-examine the three types of blood expert witnesses in a DWI trial: police officers, nurses/phlebotomists, and forensic scientists.
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A Houston DWI lawyer explains how to get a DWI dismissed by challenging the traffic stop, using State v. Hardin (single lane) and State v. Ballman (failure to signal).
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Can you still be arrested in Texas during a hurricane? Board Certified criminal law attorney Brian Foley explains Texas Penal Code Sec. 12.50 and increased penalties during declared disasters.
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Houston Public Intoxication Lawyer — what are the most common places to get arrested for Public Intoxication in Houston? Can you get it off your record?
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Chapter 4, Article 4.01 of the Texas Code of Criminal Procedure outlines the courts with criminal jurisdiction in Texas. A Houston DWI attorney explains each court, its role, and examples.
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A Houston DWI attorney explains Texas Code of Criminal Procedure Art. 3.05 on racial profiling and how Whren v. United States governs pretextual traffic stops in DWI cases.
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Texas Penal Code Section 9.01 provides the definitions foundational to self-defense, defense of property, and the use of force in Texas — custody, escape, deadly force, habitation, and vehicle.
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A viral video shows a man run over by burglars fleeing in a car. A Houston criminal attorney explains what the driver faces — aggravated assault with a deadly weapon, felony murder under Penal Code § 19.02(b)(3) if the victim dies — and why Texas property-defense law does not protect the person who stepped in front of the car.
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Unraveling the unusual case of Bryant Amastha, a quadriplegic accused of battery on a law enforcement officer — legal insights from a Houston criminal attorney.
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A Houston DWI lawyer explains how a DWI can suspend your driver's license, refusal vs. failure suspensions, the 15-day ALR deadline, and occupational licenses.
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A Houston criminal defense attorney explains Texas Penal Code Section 8.02, the mistake of fact defense, the reasonable belief requirement, and key case examples.
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Art. 3.04 of the Texas Code of Criminal Procedure defines 'Official Misconduct' — intentional or knowing violations of the law committed by a public servant while performing official duties.
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Facing theft charges in Houston? Essential factors to consider when choosing the best criminal defense attorney for a theft case — expertise, experience, communication, and more.
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A Houston criminal attorney explains Texas Penal Code 8.08 — the special lack-of-capacity provision for children with a mental illness or developmental disability in Class C cases.
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A Houston criminal defense lawyer explains Texas Penal Code Section 8.07, how age affects criminal responsibility, juvenile jurisdiction, and certification as an adult.
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Former prosecutors Brian Foley and Luis Baez provide experienced, aggressive DWI defense in Galveston, Texas — from field sobriety and blood/breath science to the Texas 15 Day Rule and license suspensions.
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POSS CS PG 1/1-B <1G means Possession of a Controlled Substance, Penalty Group 1 or 1-B, under one gram — a state jail felony in Texas. Former Harris County prosecutors explain what the charge is, why it says 1-B, the penalties for <1G, 1G–4G and 4G–200G, and how these cases get dismissed.
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The Apple Vision Pro: a new challenge for law enforcement. A Houston criminal lawyer explains how the technology intersects with traffic stops and reasonable suspicion.
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A Houston criminal lawyer explains Texas Code of Criminal Procedure Article 3.03, the definition of 'officers' as including both magistrates and peace officers.
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Can you turn yourself in on a warrant in Houston, Texas without having to go to jail? Yes — it's called a 'walk-thru.' A Houston criminal attorney explains how it works.
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Charged with theft or shoplifting in Galveston County? Former prosecutors explain the Texas theft penalty ladder, civil demand letters, moral-turpitude consequences, and how Galveston theft cases get dismissed.
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A Board Certified Houston unlawful carrying of a weapon lawyer explains Penal Code Chapter 46, the plain view exception, and the Kelly v. State case on 'on or about his person.'
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Brian Foley, managing partner at Houston Criminal Defense Attorneys PLLC, breaks down the two subsections that most often lead to Unlawful Carrying of a Weapon (UCW) charges in Texas.
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Can you get a theft from Walmart case dismissed? The short answer is yes. We explore the legal aspects of Walmart theft cases and the strategies your criminal defense attorney may employ to secure a dismissal.
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Finding the best criminal lawyer in Houston — insights from Board Certified criminal defense attorney Brian Foley.
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Article 3.02 of the Texas Code of Criminal Procedure defines the nature of a criminal action and the parties involved — and why the victim is not a party to a criminal offense.
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A Houston criminal defense attorney explains Texas Penal Code Section 8.06, the entrapment defense, the inducement requirement, and Hernandez v. State.
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Texas Penal Code Section 8.01 addresses insanity as an affirmative defense to criminal prosecution. Houston Criminal Defense Attorneys explain the standard, the burden of proof, and the case law.
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A Houston criminal defense attorney explains how a DWI or other criminal charge can affect a Texas Real Estate Commission license and how to protect it.
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A Houston criminal attorney explains Texas Penal Code Section 7.24, the affirmative defense of due diligence for corporations, associations, LLCs, and other business entities.
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Texas Penal Code Section 7.23 governs the criminal responsibility of individuals acting on behalf of corporations, associations, LLCs, or other business entities.
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Texas Penal Code 7.22 outlines when corporations, associations, LLCs, and other business entities can be held criminally responsible for offenses committed by their agents.
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A Houston criminal attorney explains Texas Penal Code Section 7.21, the definitions governing criminal responsibility for corporations, associations, and LLCs.
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A Houston attorney explains Texas Penal Code Section 7.02, the law of parties, the three scenarios of criminal responsibility for another's conduct, and conspiracy liability.
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Texas Penal Code Sec. 7.03 deals with criminal responsibility for the conduct of another and the two defenses that are excluded when the actor is a party to the offense.
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Texas Penal Code Sec. 7.01 outlines 'Parties to Offenses' — how a person can be held criminally responsible for the conduct of another, abolishing the distinction between principals and accomplices.
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A Houston criminal attorney explains Texas Penal Code Section 6.04, causation, the 'but for' standard, concurrent causes, and how Otto v. State applies.
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Forced to commit a crime under threat? A former prosecutor explains the Texas duress defense in Penal Code § 8.05 — the imminence requirement, the felony vs. misdemeanor standards, the 'self-placed' exception, and how it is proven.
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A Houston criminal attorney explains Texas Penal Code Section 8.04, why voluntary intoxication is not a defense, and how temporary insanity from intoxication can mitigate a penalty.
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Houston Criminal Attorney Brian Foley, Board Certified in Criminal Law, discusses Texas Code of Criminal Procedure Art. 3.01, legal definitions, and the canons of construction.
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Texas Law and the George Floyd Incident: a new era for policing. Article 2.33 addresses the use of neck restraints during search or arrest, the duty to render aid, and drone use-of-force policies.
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A Board Certified Houston possession of a controlled substance lawyer explains Penalty Group One, how possession is defined, the punishment ranges, and the 12.44(a) plea.
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A Bellaire, Texas DWI attorney explains how DWI cases are handled in Bellaire, how to beat a DWI blood test, blood warrants, testing procedures, and the punishment ranges.
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Is not knowing the law a defense in Texas? A former prosecutor explains Penal Code § 8.03 — the general rule that ignorance is no excuse, the 'official statement' exception, and how it differs from mistake of fact.
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Houston DWI Attorney reveals how to beat a DWI blood test — the disconnect theory, attacking the blood test, the science of blood testing, and prosecutorial inexperience.
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Exploring breath test cases in DWI: insights from a Houston DWI attorney on portable breath tests, the Intoxilyzer, challenging results, and the 0.15 threshold.
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A Houston criminal attorney explains Texas Code of Criminal Procedure Article 2.32 — the electronic recording of custodial interrogations, the offenses it covers, and the good-cause exceptions.
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A Board Certified Houston DWI attorney explains how a lawyer can challenge field sobriety tests, from improper administration and medical conditions to environmental factors and officer bias.
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A Houston criminal defense lawyer explains Texas Code of Criminal Procedure Art. 2.31 and the authority of county jailers to execute lawful process on people confined in their jails.
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A Board Certified Houston criminal defense attorney explains the role of defense counsel, why you need one, helpful Houston resources, and how Houston Criminal Defense Attorneys PLLC can help.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.305 and the human-trafficking reporting requirements for law enforcement and prosecutors.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.30, the reporting requirements and victim information rights for certain assaultive and terroristic offenses.
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Houston Criminal Defense Attorney Brian Foley, Board Certified in Criminal Law, explains Texas Code of Criminal Procedure Art. 2.295 and its reporting requirements for unauthorized acquisition or transfer of financial information under Section 31.17.
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Brian Foley answers the ten best questions to ask a DWI lawyer in Houston, Texas — penalties, experience, strategies, trial vs. plea, fees, and board certification.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.29 and the reporting peace officers must make in fraudulent-use-of-identifying-information cases.
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Criminal Defense Attorney in Houston Brian Foley, Board Certified in Criminal Law, explains Texas Code of Criminal Procedure Art. 2.28 and law enforcement's duties when an arrested person misuses someone's identity.
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A DWI with an open container carries a six-day minimum jail term in Texas. Former Vehicular Crimes prosecutors explain Penal Code § 49.04(c), what counts as an open container, and how the enhancement is beaten.
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Arrested for assault family member in Houston? A former Domestic Violence Unit prosecutor answers the questions everyone asks — going home, no-contact orders, whether the victim can drop charges, gun rights, and clearing your record.
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Houston Criminal Defense Attorney Brian Foley explains Texas Code of Criminal Procedure Art. 2.28 and what law enforcement must do when someone's identifying information is falsely used by an arrested person.
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Houston Criminal Defense Attorney Brian Foley, Board Certified in Criminal Law, explains Texas Code of Criminal Procedure Art. 2.273 — the release of a child taken into custody under Section 262.104 of the Family Code.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.272 and how peace officers must respond when they locate a child on the child safety check alert list.
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How a Houston DWI attorney effectively cross-examines a police officer on the standardized field sobriety tests — HGN, Walk and Turn, and One Leg Stand.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.271 and law enforcement's duty to investigate reports of abuse, neglect, or exploitation in care facilities.
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Art. 2.27 of the Texas Code of Criminal Procedure addresses the joint investigation of reports alleging immediate risk of abuse of a child and reports of abuse or neglect in nursing homes.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.26 on digital signatures and electronic documents in criminal matters.
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A Board Certified Houston DWI attorney explains how to challenge a DWI blood test in court, the disconnect theory, how blood testing works, and the penalties in Texas.
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Art. 2.25 of the Texas Code of Criminal Procedure requires judges to report certain convicted individuals to federal immigration authorities. A Houston criminal defense attorney explains, including Padilla v. Kentucky.
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What do 'intentionally,' 'knowingly,' 'recklessly,' and 'criminal negligence' mean in Texas? A former prosecutor explains Penal Code § 6.03 and how the mental state decides the charge, the punishment, and the defense.
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Understanding Texas law: the role of an authenticating officer under Article 2.24 of the Texas Code of Criminal Procedure.
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Does every Texas crime require a guilty mind? A former prosecutor explains Penal Code § 6.02 — the culpability requirement, the default 'recklessly' standard, strict-liability exceptions, and how the rule shapes a defense.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.23 and the duty of clerks, state agencies, and prosecutors to report records to the Attorney General for federal habeas review.
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A Board Certified Houston criminal defense attorney explains illegal traffic stops in DWI cases through Whren v. U.S., Klare v. State, and State v. Hardin, and what reasonable suspicion requires.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.212 and the reporting requirements for writs of attachment in criminal proceedings.
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Former prosecutor Brian Foley explains theft charges in Houston, Texas in this helpful video.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.211 and the clerk's duty to report hate crime requests to the Texas Judicial Council.
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Houston Criminal Defense Attorneys PLLC provides experienced, personalized, and aggressive criminal defense representation in Houston, Texas.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.21, the duties of the clerk, exhibits, and the disposal of eligible exhibits.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.20, the duties of a deputy, and who performs the sheriff's duties when there is no sheriff.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.195 and the sheriff's duty to report warrants or capias information to the NCIC.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.19, the sheriff's monthly report as to prisoners in custody, and why it matters.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.18, the custody of prisoners, and the sheriff's duty when a defendant is committed to jail.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.17 and the duties of sheriffs as conservators of the peace.
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Who counts as a 'family member'? Does bodily injury need a mark? Why is a second offense a felony? A former Domestic Violence Unit prosecutor answers the top questions about assault family member charges in Harris County.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.16 and the penalties for officers who willfully neglect to execute legal process.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.14 and 2.15, a peace officer's authority to summon citizen aid, and the duty to obey.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1397 and how it works with Article 39.14, the Michael Morton Act, to require disclosure of evidence.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1396 and your right to a copy of arrest video in DWI and other intoxication cases.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.13951 and the civil penalties for law enforcement agencies that fail to submit officer injury/death reports.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1395 and the reporting required when a non-officer discharges a firearm and injures or kills a peace officer.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.139 and the reporting required for officer-involved injuries or deaths.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1387, which requires peace officers to intervene and report when they witness excessive force.
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A Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1386, the eyewitness identification education and training protocols, and why they matter to your defense.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1385 and the civil penalties for law enforcement agencies that fail to submit racial-profiling data.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.138 and how DPS adopts rules to implement the racial-profiling articles 2.131–2.137.
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When does your right to a lawyer begin in Texas? A Houston criminal defense attorney explains Code of Criminal Procedure Art. 1.051 — the scope of the right, appointed counsel, appointment deadlines, and valid waivers.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.137 and how DPS provides funds or equipment for dash and body-worn cameras.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.136, peace officer immunity for racial-profiling reporting, and the limits under 42 U.S.C. § 1983.
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Is a criminal lawyer and a criminal defense lawyer the same? A Board Certified Houston criminal defense attorney answers, and explains why Board Certification is the mark of a true expert.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.134 and the annual racial-profiling data reporting required of law enforcement agencies.
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A Board Certified Houston DWI lawyer explains the three standardized field sobriety tests — HGN, Walk and Turn, and One Leg Stand — and the clues officers look for.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.133, the racial-profiling data reporting required for motor vehicle stops.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.132, which requires Texas law enforcement agencies to adopt a written policy on racial profiling.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.131, which prohibits racial profiling by peace officers, and how it can affect your case.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.1305 and a peace officer's right to carry a weapon on the premises of establishments serving the public.
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Charged with more than one offense? A Houston criminal defense attorney explains Penal Code Chapter 3 — the 'criminal episode,' joinder in one trial, concurrent vs. consecutive (stacked) sentences, and the right to severance.
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A Board Certified Houston criminal defense attorney examines the gender gap in arrests and incarceration in the United States, including for failure to pay child support.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.13, the duties and powers of peace officers and limits on immigration-status inquiries.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.127, school marshals, their authority, licensing, and appointment.
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Who has to prove what in a Texas criminal case? A Houston criminal defense attorney explains Penal Code Chapter 2 — beyond a reasonable doubt, the presumption of innocence, exceptions, defenses vs. affirmative defenses, and presumptions.
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A Houston criminal defense attorney walks through Texas Penal Code Chapter 1 — the objectives of the Code, territorial jurisdiction, rules of construction, and the § 1.07 definitions every criminal statute depends on.
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A Houston criminal defense attorney explains Articles 1.04 and 1.05 of the Texas Code of Criminal Procedure — due course of law and the rights of the accused: speedy trial, jury, confrontation, counsel, and the right to remain silent.
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A Board Certified Houston criminal defense attorney explains the most common crimes on Super Bowl Sunday — DWI, family violence assault, and robbery — and how to avoid becoming a victim or a defendant.
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A Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.126, which authorizes peace officers commissioned by the Alabama-Coushatta and Kickapoo Traditional Tribes of Texas.
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The Texas Court of Criminal Appeals held in State v. Hardin that a driver who briefly touches or crosses a lane line has not committed 'failure to maintain a single lane' unless the movement was unsafe. A former Vehicular Crimes prosecutor explains how the case is used to suppress DWI evidence in Harris County.
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A Board Certified Houston criminal defense attorney breaks down State v. Hardin, the Texas Court of Criminal Appeals opinion on failure to maintain a single lane and reasonable suspicion for a traffic stop.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.125, the special rangers of the Texas and Southwestern Cattle Raisers Association, and famous Texas cattle theft cases.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.124, the powers, duties, and immunities of peace officers from adjoining states while in Texas.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.123, adjunct (college) police officers, and the campus-area jurisdiction rule.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.122, the federal agents authorized to make felony arrests in Texas as special investigators.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.121, railroad peace officers, their history, and their authority.
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A Houston criminal defense attorney explains how misdemeanor theft is charged in Texas, the Class C/B/A penalty ranges, and the defenses used to fight misdemeanor theft charges.
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A Board Certified Houston DWI attorney and former Vehicular Crimes prosecutor explains DWI blood tests — warrants, the draw, lab analysis, chain of custody, retrograde extrapolation — and the defenses that win high-blood cases.
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A former prosecutor and Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.12 and the many agencies whose officers qualify as peace officers.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.11, examining courts, and the right to an examining trial before indictment.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.10, the duty of magistrates, arrest warrants, bail, and initial appearances.
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Arrested for possession of a controlled substance in Houston? A Board Certified Houston criminal defense attorney explains the penalty groups, what the State must prove, and common defenses.
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A Board Certified Houston criminal defense attorney summarizes landmark 4th Amendment search-and-seizure cases — Mapp, Katz, Terry, Chimel, Riley, Carpenter, and more.
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A Houston criminal defense attorney explains the difference between civil and criminal law — the parties, the goals, and the burden of proof in each — and how the Houston court system is structured.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.09 and the full list of officials who are magistrates under the Code.
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A Board Certified Houston criminal defense attorney offers guidance on staying informed, staying positive, and taking care of yourself while facing criminal charges.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.08, the disqualification of district and county attorneys, and Rule 1.10.
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What is the difference between assault and assault family member in Texas? A former Domestic Violence Unit prosecutor explains Penal Code § 22.01, the punishment ladder, protective orders, and the defenses that resolve Harris County assault cases.
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A Houston criminal defense attorney examines the investigation into a nightclub shooting near FM 1960 — evidence, possible motives, and the difference between a mass shooting and a drive-by.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.07, Attorney Pro Tem, when a special prosecutor is appointed, and the 2019 amendments.
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A Board Certified Houston criminal defense attorney explains what happens when you get arrested for theft in Houston — skip scanning, the shopkeeper's privilege, booking at the JPC, and magistration.
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A former prosecutor and Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 2.04, 2.05, and 2.06 — complaints, informations, and the DA's charging role.
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Can you go to jail for a ticket in Texas if you commit the offense enough times? A Board Certified Houston criminal defense attorney explains Class C fines, Capias pro fine warrants, and Penal Code 12.43.
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A Board Certified Houston criminal defense attorney looks at which NFL teams and positions have had the most arrests, and how player arrest rates compare to the general population.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Article 2.03, Neglect of Duty, and the duty to insure a fair trial and preserve the presumption of innocence.
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A former prosecutor and Board Certified Houston DWI attorney explains the Horizontal Gaze Nystagmus (HGN) test — the field sobriety test police rely on most in DWI investigations.
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A Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.025, the special duty of a district or county attorney to transfer child support payments to the local registry or Title IV-D agency.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.024, the 'snitch tracker' rule requiring DAs to track jailhouse informant testimony and benefits.
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A Board Certified Houston criminal defense attorney explains the types of criminal courts in Texas and offers tips for traveling to the Harris County Criminal Courthouse for a court date.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.023, the notice the State must give the TDCJ when re-indicting certain prior '3G' offenders.
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A Board Certified Houston DWI attorney explains the punishment ranges for DWI in Texas — first offense through habitual felony, DWI with a child, open container, and enhancements.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.022 and when the Texas Rangers may be requested to assist a local investigation.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Article 2.021, the Duties of the Attorney General, and the Violent Crimes and Major Offenders division.
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How do you find the best criminal defense attorney in Houston? A Board Certified Houston criminal lawyer explains the five things to look for — experience, certifications, communication, cost, and honesty.
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Assault family member, DWI, and public intoxication fill the Harris County jail every Christmas. Former prosecutors explain why, what each charge carries, and how to keep a holiday argument or a few drinks from becoming a criminal record.
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A Board Certified Houston criminal defense attorney explains the top three crimes people are arrested for on Christmas Day — public intoxication, theft, and assault family violence.
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A former prosecutor and Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.02 and the criminal duties of county attorneys in Texas.
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A former prosecutor and Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 2.01, the Duties of District Attorneys, and the duty to see that justice is done.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.26 and 1.27 — liberal construction of the code and how the common law governs where the code is silent.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.24 and 1.25 — the right to a public trial and the right to be confronted by the witnesses against you.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.23, the 'Dignity of the State,' and the required charging-instrument phrases.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.21, the privilege of legislators from arrest during the legislative session, and its narrow exceptions.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.20, the two-witness requirement for a treason conviction, and its constitutional roots.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.18 and 1.19 — outlawry, transportation, and corruption of blood.
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A Houston criminal defense attorney explains what happens when you get arrested in Houston — the Joint Processing Center at 700 N San Jacinto, Probable Cause Court, and bond.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.17, religious belief and testimony, oaths and affirmations, and Torcaso v. Watkins.
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An introduction to the Texas Code of Criminal Procedure from a Houston criminal defense attorney — Articles 1.01 through 1.03, including the Code's stated objects: a fair trial, protection of the innocent, and certain, speedy punishment.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.16, liberty of speech and of the press, and New York Times Co. v. Sullivan.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.15, the evidence required to support a felony plea, and the stipulation and judicial confession.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.141, waiver of indictment for a noncapital felony, and how the grand jury process works.
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A former prosecutor and Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.14, waiver of rights, and why charging-instrument defects must be raised before trial.
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A Board Certified Houston criminal defense attorney walks through how a Houston DWI investigation and prosecution works — from the vehicle-in-motion phase and field sobriety tests to blood warrants and probable cause court.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.11, 1.12, and 1.13 — acquittal as a bar, the right to a jury trial, and how a jury trial may be waived.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.08, 1.09, and 1.10 — habeas corpus, cruel and unusual punishment, and double jeopardy.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.07, the right to bail, and the 2022 bail reform changes.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.06, Texas's version of the 4th Amendment, and the exceptions to the warrant requirement.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.053, present ability to pay, and how bail, bonds, and fines work in Texas.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.052 on signed pleadings, what a certification means, and arguing for a change in the law.
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Former prosecutors Brian Foley and Luis Baez explain what to expect when fighting criminal charges in Harris County, including the bystander effect and the challenges of a massive court system.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Art. 1.051, the right to counsel, appointment of counsel for the indigent, and waiving counsel.
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A Board Certified Houston criminal defense attorney explains Texas Code of Criminal Procedure Articles 1.04 and 1.05 — due course of law and the rights of the accused.
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A Board Certified Houston criminal defense attorney begins a comprehensive blog series on the Texas Code of Criminal Procedure, starting with Chapter 1 and the objects of the code.
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