2024 Articles

29 articles published in 2024 by Board Certified Houston criminal defense attorneys and former prosecutors.

• Houston Federal Criminal Lawyer — Frequently Asked Questions

  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.

• Federal Drug Charges with Houston Criminal Defense Attorneys PLLC

  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.

• Federal Sentencing Guidelines for Drug Charges

  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.

• Federal Criminal Defense Lawyer in Houston, Texas — Federal Drug Charges

  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.

• Texas Penal Code § 9.03 — Confinement as Justifiable Force

  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.

• Texas Penal Code § 9.02 — Justification

  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.

• Houston DWI Attorney — Does a DWI Go on My Record?

  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.

• Houston DWI Attorney — The Walk and Turn Test in 2024

  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.

• Houston DWI Attorney — Cross Examining Expert Witnesses on Blood Tests

  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.

• Houston DWI Attorneys — The Secrets to Dismissal of a DWI Charge

  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).

• Can You Still Be Arrested in Texas During a Hurricane?

  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.

• Texas Code of Criminal Procedure Art. 4.01 — Court and Criminal Jurisdiction

  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.

• Houston Public Intoxication Lawyer — The Most Common Places to Get Arrested, and Can You Get It Off Your Record?

  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?

• Texas Code of Criminal Procedure Art. 3.05 — Racial Profiling & Whren v. United States

  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.

• Texas Penal Code Article 9.01 — Definitions

  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.

• Man Gets Run Over When Burglars Try to Get Away — Houston Criminal Attorney Explains the Charges

  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.

• Houston Criminal Attorney Comments on Man Arrested for Assault Even Though He Cannot Use His Arms or Legs

  Unraveling the unusual case of Bryant Amastha, a quadriplegic accused of battery on a law enforcement officer — legal insights from a Houston criminal attorney.

• Texas Penal Code § 8.02 — Mistake of Fact

  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.

• Houston DWI Lawyer — Can Your Driver's License Be Suspended for a DWI?

  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.

• Galveston Criminal Defense Attorney — Texas Code of Criminal Procedure 3.04

  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.

• Houston Theft Attorney — Choosing the Best Criminal Defense Attorney for a Theft Case

  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.

• Texas Penal Code 8.08 — Child With Mental Illness, Disability, or Lack of Capacity

  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.

• Texas Penal Code § 8.07 — Age Affecting Criminal Responsibility

  A Houston criminal defense lawyer explains Texas Penal Code Section 8.07, how age affects criminal responsibility, juvenile jurisdiction, and certification as an adult.

• Galveston DWI Attorneys — Representing Clients in Galveston, Texas

  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.

• What Does POSS CS PG 1/1-B <1G Mean?

  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.

• Apple Vision Pro Gets Man Arrested: Lawyer Explains

  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.

• Can you turn yourself in on a warrant without going to jail?

  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.

• Texas Code of Criminal Procedure Article 3.03 — Officers

  A Houston criminal lawyer explains Texas Code of Criminal Procedure Article 3.03, the definition of 'officers' as including both magistrates and peace officers.

• Galveston Theft Attorneys

  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.