2025 Articles

82 articles published in 2025 by Board Certified Houston criminal defense attorneys and former prosecutors.

• Celebrate Smart and Stay Safe — New Year's Day

  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.

• New Year's Celebrations Should End with Memories — Not a DWI

  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.

• Texas Penal Code § 9.33 — Defense of Third Person

  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.

• Understanding Texas Penal Code § 9.33 Is Crucial

  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.

• It Is Important to Understand the Laws Concerning the Right to Defend Others

  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.

• Understanding the Nuances of Penal Code § 9.32 Is Essential

  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.

• HCDA — Deadly Force in Defense of Person

  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.

• Understand Texas Penal Code § 9.32 to Know Your Self-Defense Rights

  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.

• Texas Penal Code Section 9.33: The Defense of a Third Person

  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.

• Texas Penal Code § 9.32 — Deadly Force in Defense of Person

  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.

• Texas Penal Code 9.32 — Deadly Force in Defense of Person

  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.

• Clearing Your Record of Criminal History in Texas

  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.

• DWI vs. DUI in Texas — What's the Difference?

  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.

• Can You Get a DWI Off Your Record in Houston, Texas?

  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.

• The Marijuana Smell Test — Is Odor Alone Still Probable Cause in Texas?

  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.

• Never Represent Yourself on a DWI

  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.

• Houston DUI Lawyer 2025

  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.

• Harris County Firearm and Marijuana Policy

  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.

• Marijuana Possession Trial Methods — Houston, Texas

  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.

• DWI Arrest on Tesla Autopilot — Are You 'Operating' the Vehicle?

  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.

• Police Don't Always Get It Right

  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.

• Houston DUI Attorney — 2025 Update on the Laws and DWI

  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.

• Marijuana in Your Butt? Is It Legal?

  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.

• Tech Impact on DUI and DWI Laws in Texas

  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.

• Are THC Vape Pens Illegal in Texas? A Look at Texas SB2024 and SB6

  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.

• Texas Bans Certain E-Cigarettes — Senate Bill 2024

  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.

• Texas Bans Vapes in Disguise

  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.

• Texas Senate Bill 2024 and THC

  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.

• Texas Penal Code Sec. 9.21 – Public Duty Explained by a Houston Criminal Lawyer

  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.

• Sealing Records Eligibility in Texas

  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.

• Sealing Marijuana Records in Texas

  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.

• Sealing Misdemeanor Probation Records in Texas

  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.

• Case Negotiations in Criminal Law

  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.

• What Happens When You Get Arrested in Houston, Texas in 2025?

  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.

• What Is an Arraignment in Texas?

  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.

• Houston DWI Attorney — How to Get a Case Dismissed Even If They Took Your Blood

  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.

• Marijuana Expunction Attorney in Houston, Texas

  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.

• Houston Marijuana Expunction Lawyer

  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.

• Possession of Marijuana in Harris County: What You Need to Know in 2025

  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.

• What Is Pretrial Services? Can You Be on Probation Before a Conviction?

  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.

• Texas Right to Remain Silent

  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.

• Indications of Self-Defense — The 'Victim's' Knuckles

  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.

• Don't Talk to the Police Without an Attorney!

  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.

• Negotiations in a Criminal Case

  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.

• Houston Assault Attorney — Texas Penal Code 9.31 Self-Defense

  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.

• Texas Penal Code § 9.22 — Necessity

  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.

• Prosecutor Victim Calls — What Happens When the DA Calls the Complainant

  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.

• Federal Pretrial Hearings

  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.

• Federal Criminal Lawyer in Houston

  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.

• Your Criminal Rights in Houston, Texas

  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.

• Texas Penal Code § 9.06 — Civil Remedies Unaffected

  A Houston criminal lawyer explains Texas Penal Code Section 9.06, Civil Remedies Unaffected, and how justified conduct can still lead to civil liability.

• Are Lawyers Honest? Yours Needs to Be.

  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.

• How Criminal History Changes Criminal Cases

  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.

• Negotiations in Criminal Cases — Houston Criminal Lawyer

  '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.

• Don't Talk to the Government Without a Lawyer!

  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.

• Top Criminal Lawyer Questions — Houston, Texas

  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.

• Houston DWI Attorney — Cross Examination

  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.

• Texas Penal Code 9.05 — Reckless Injury of Innocent Third Persons

  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.

• What the Harris County Toxicologist Firing Means for Houston DWI Cases

  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.

• Do You Have to Go to Jail for a DWI?

  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.

• Evading Arrest vs. Fleeing Police — Houston Criminal Attorney

  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.

• Can You Get Arrested for Speeding? — Houston Criminal Attorney

  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.

• How Long Does a DWI Conviction Stay on Your Record in Texas?

  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.

• Can You Be Arrested for a Ticket and Searched?

  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.

• Houston DWI Lawyer — Top Questions in 2025

  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.

• Inventory Search After Refusing Consent — Houston Criminal Lawyer

  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.

• Can You Be Arrested for a False Report in a Family Violence Case?

  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.

• Suspicious Vehicle Calls — Houston Criminal Attorney

  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.

• Do You Have to ID Yourself to Police? — Houston Criminal Lawyer

  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.

• Do You Have to Give Your Name or ID to the Police?

  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.

• Public Intoxication Arrests in Galveston, Texas

  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.

• Houston Criminal Lawyer — Best Advice on Aggravated Assault

  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.

• Is It Legal to Drive Through a Roadblock?

  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.

• Is It Legal to Blind Police with a High-Lumen Flashlight?

  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.

• Mavericks Assistant Coach Case: Legal Insights from Houston Criminal Defense Attorneys

  Legal insights from Houston Criminal Defense Attorneys PLLC on the aggravated assault with a deadly weapon charge against Dallas Mavericks assistant coach Darrell Armstrong.

• Probable Cause to Search a Car

  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.

• Threats of Deadly Force Are Called Aggravated Assault in Texas

  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.

• Can the Police Search Your Vehicle?

  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.

• Houston Assault Attorney — Texas Penal Code Section 9.04: Threats as Justifiable Force

  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.

• Federal Target Letters — Houston Criminal Defense Attorneys PLLC

  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.

• Federal vs. State Cases — What's the Difference?

  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.

• Understanding Federal Target Letters

  What a federal target letter means and the steps to take if you receive one — insights from Houston Criminal Defense Attorneys, PLLC.