Houston Criminal Defense Attorneys PLLC
Call or Text (713) 703-1718 Contact Us
Houston · Harris County · Galveston · Fort BendHouston · Harris County · Galveston

Former Prosecutors · Board Certified

Criminal & DWI Defense Attorneys

Based in Houston, Texas and serving Harris County and surrounding counties, Brian Foley and Luis Baez of Houston Criminal Defense Attorneys PLLC are both former Prosecutors. They know the government's playbook, and have defended criminal cases from DWI to Murder. Call now to receive a free legal consultation.

Free Consultation Call or Text (713) 703-1718
★★★★★ See our Google Reviews →
10.0Avvo & Justia Rating
Board CertifiedTexas Board of Legal Specialization
Houston Criminal Defense Attorney Brian Foley Houston Criminal Defense Attorney Luis Baez
As Seen On →
As seen on ABC 13 As seen on Fox 26 Houston As seen on KPRC Google Reviews 5.0 Featured on Fox Nation
Recognition
Texas Board Certified - Criminal Law Avvo Rating 10.0 - Brian Patrick Foley, Top Attorney Justia 10.0 Lawyer Rating

5-Star Rated

What Our Clients Say

★★★★★

One of the best attorneys around. I called Mr. Foley the evening before my case. He was there the next morning at the time he promised. By end of day my case was dismissed. Thank you Mr. Foley and his great assistant.

Christopher Buck
Google Review
★★★★★

Brian and his team are knowledgeable, reliable, and trustworthy. Brian was able to bring the truth to light and get a full dismissal for my case(s). Justice and peace of mind is truly priceless.

Lorenzo Moreno
Google Review
★★★★★

Mr. Luis Baez goes above and beyond to represent his clients. Absolutely amazing attorney — I never doubted his work and trust him with any legal advice. Definitely recommend Mr. Baez!

Jordan Castaneda
Google Review
★★★★★

I hired Houston Criminal Defense Attorneys to defend me. Brian and Luis did exactly what they said they would do. They got my case dismissed! I highly recommend their services.

Alberto Frias
Google Review
★★★★★

With Mr. Foley you speak to the lawyer himself directly. He took the time to explain all my options clearly from day one, and was able to get my case dismissed. Do not hesitate. He gets the job done!

Lakeshia Richard
Google Review
★★★★★

Luis worked my case for 6-7 months and got it reduced all the way down to a misdemeanor from a felony. These guys are the truth and will help you out!

Taison
Google Review
★★★★★

Mr. Foley showed up for me on less than 24 hrs of taking my case and kept me from going to jail. Great team! I walked out of court today and am now able to move on with my life!

Sherrie Sage
Google Review
★★★★★

Very knowledgeable, responsive, and they have the experience to get you the best outcome. Luis's experience made the difference in my case — as a result my case was dropped!

Texas Shadow
Google Review
★★★★★

As soon as I hired him he took control over the situation — to find out he got my case dropped. Thank you Mr. Foley and Juanita, you were amazing!

Juan Ramirez
Google Review
★★★★★

Highly recommend Mr. Foley! It was such a pleasure working with him. He cares about his clients, listens, and gives great advice and options. I feel so lucky to have found him!

Jennifer Adams
Google Review
★★★★★

Brian Foley got everything taken care of faster than I could've imagined. He had everything done before court even started, and made sure I knew what was happening at every turn.

Dylan Williams
Google Review
★★★★★

Totally result-driven attorney with great skills! Thank you Mr. Brian for helping me and my mom and getting us the desired outcome in less than 24 hours!

Ramandeep Anand
Google Review
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Charges Dismissed. Lives Restored.

DWI

DWI — Blood Test

Dismissed
Public Order

Resisting Arrest

Dismissed
Assault / Violence

Assault Family Member

Dismissed
Drug Charge

Possession of a Controlled Substance

Dismissed
DWI

DWI

Dismissed
Assault / Violence

Aggravated Assault Public Servant

Dismissed
DWI

DWI — Second Offense

Dismissed
Assault / Violence

Assault Family Member

Dismissed
See More Results

5-Star Rated

What Our Clients Say

Houston Criminal Defense Attorney Brian FoleyBrian Foley
“

One of the best attorneys around. I called Mr. Foley the evening before my case. He was there the next morning at the time he promised. He did what he said he'd do — by the end of the day my case was dismissed. Thank you Mr. Foley and his great assistant!

— Christopher B.
“

When facing the most difficult decisions about your future you need a knowledgeable, reliable, trustworthy professional. Brian and his team are all that and more. Brian was able to bring the truth to light and get a full dismissal for my case. I can't thank Mr. Foley enough.

— Lorenzo M.
Houston Criminal Defense Attorney Luis BaezLuis Baez
“

Mr. Luis Baez goes above and beyond to represent his clients. Absolutely amazing attorney — I never doubted Mr. Baez's work and trust him with any legal issue. Definitely recommend Mr. Baez for any legal issue he specializes in!

— Jordan C.
“

Luis worked my case for 6-7 months and got it reduced all the way down to a misdemeanor from a felony. Whatever you're going through, these guys are the truth and will help you out!

— Taison
Read All Reviews

Houston DWI Attorneys

Good people can have a bad day and the police don't always make the right call. The rest of your life shouldn't be ruined by a single potential mistake. At Houston Criminal Defense Attorneys PLLC we understand how to face the challenges of a DWI prosecution from beginning to end. We can fight to save your driver's license and avoid a conviction that could follow you the rest of your life. You only have 15 days from the date of arrest to request a driver's license suspension hearing so don't wait, CALL NOW!

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Houston Assault Attorneys

If you or a loved one has been charged with Assault or Assault Family Member it can result in being excluded from your own home, prevent you from seeing or talking to your spouse, or being denied the right to see your own children. Judges often require bond conditions that can feel like you've already been found guilty. Houston Criminal Defense Attorneys can fight for your right to be presumed innocent. Brian was a member of the Domestic Violence Unit and is a graduate of the advanced trial advocacy school on Assault Family Member Strangulation and Impeding Breath.

More Assault Info

Houston Theft and Shoplifting Attorneys

Luis and Brian can help with shoplifting and theft charges of all kinds. Luis and Brian have helped everyone from single moms and teachers, to accountants and executives. With the invention of self-checkout lines, being charged with shoplifting or theft can happen to just about anybody. As prosecutors Luis and Brian helped write the playbook for government investigations. Now they can fight for you!

More Theft Info

Houston Drug and Controlled Substance Attorneys

If you've been arrested for Possession of a Controlled Substance or other drug charges you owe it to your family and your future to retain experienced counsel. Luis and Brian have handled thousands of drug charges across Texas and our number one goal is a dismissal. Even if you admitted you were guilty to police you may still be able to avoid a conviction for a felony or misdemeanor drug charges. Call Now!

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Solicitation of Prostitution

We have helped clients get full dismissals and expunctions of all records of arrest for State Jail Felony Solicitation of Prostitution. Anyone can be arrested for Solicitation of Prostitution charges in Houston. We have seen arrests on business leaders, church officials, police officers, and everyone in between. An arrest doesn't mean the end of your life. It is just the beginning of the legal process and we can help. Call Now!

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Other Criminal Charges and Expunctions

If you didn't see the crime you were charged with above don't worry! Luis and Brian handle all types of criminal charges. They have experience with Evading Arrest, Aggravated Assault, Unauthorized Use of a Motor Vehicle, Fraud and many other offenses. Houston Criminal Defense Attorneys PLLC also helps file an expunction to get your record clear if your case has been dismissed or won at trial.

More Crimes

Serving All of Harris and Surrounding Counties

Including the following locations:

BaytownBellaireChannelviewCrosbyCypressClear LakeDeer ParkDowntown HoustonGalena ParkHighlandsHockleyHoustonHouston HeightsHuffmanHufsmithHumbleKatyKingwoodLa PorteMemorialMidtownMontroseMuseum DistrictPasadenaPearlandRiver OaksSeabrookSouth HoustonSpringSugar LandTomballUpper KirbyWallerWebsterWest University Place(Galveston) Galveston(Galveston) Kemah(Galveston) La Marque(Galveston) Dickinson(Galveston) Texas City

Frequently Asked Questions

DWI Defense

What are the penalties for a first DWI in Texas?
A first-offense DWI is generally a Class B misdemeanor: up to 180 days in county jail (with a 72-hour minimum), a fine up to $2,000, and a driver's license suspension. Penalties increase sharply with a blood alcohol concentration of 0.15 or higher (a Class A misdemeanor), a child passenger, an accident, or a prior conviction. A Houston DWI can also carry state surcharges and higher insurance costs, which is why building a defense early matters.
I was just arrested for DWI in Houston — what should I do first?
Be polite, say as little as possible, and ask to speak with a lawyer. Do not discuss what or how much you drank. Two clocks start immediately: you have only 15 days to request a hearing to protect your driver's license, and evidence like the arrest video and breath or blood results must be preserved. Call a Board Certified DWI attorney right away so nothing is lost.
Is it true I only have 15 days to save my driver's license?
Yes. Refusing or failing a breath or blood test triggers a separate civil case through the Texas Department of Public Safety, called an Administrative License Revocation (ALR). You have just 15 days from the date of arrest to request an ALR hearing. Miss that deadline and your license is suspended automatically. Requesting the hearing also lets your attorney question the arresting officer under oath before trial.
Can I refuse a breath or blood test in Texas?
You can refuse, but refusal carries an automatic license suspension, and during “no refusal” periods police will usually get a warrant for a blood draw. Refusal is not an admission of guilt, and cases tried as “refusals” can be won. Whether refusing helps or hurts depends entirely on the facts of your stop, which an experienced DWI lawyer can evaluate.
Can a DWI be dismissed or reduced?
Yes. DWI cases are frequently reduced or dismissed when the traffic stop was unlawful, the field sobriety tests were improperly administered, or the breath or blood testing was flawed. As former prosecutors on the Vehicular Crimes Team, our attorneys know exactly how these cases are built and where they break down. Even a high blood-test case can be won, especially where the driver does not appear intoxicated on video.
What happens on a second or third DWI?
A second DWI is a Class A misdemeanor (up to one year in jail). A third or subsequent DWI is a third-degree felony punishable by 2 to 10 years in prison. Repeat cases usually come with bond conditions such as an ignition interlock device and probation reporting even before conviction. These cases call for an attorney who is prepared to take a DWI to trial.
Can I get a DWI off my record?
If your DWI is dismissed or you are acquitted, you may qualify for an expunction that erases the arrest. Some resolved cases instead qualify for an order of nondisclosure that seals the record. A conviction generally cannot be removed, which is why fighting the charge up front, before it becomes a conviction, is so important.

Assault & Family Violence

What is Assault Family Member (family violence) in Texas?
Assault Family Member, also called Assault Family Violence, is an assault against a spouse, dating partner, family or household member, or someone you share a child with. It can be charged for even minor contact or a threat. Texas prosecutors treat these cases very seriously, and a conviction carries consequences well beyond jail time.
Can the alleged victim just drop the charges?
No. In Texas the State, not the alleged victim, decides whether to pursue the case. Even if the complaining witness signs an affidavit of non-prosecution or asks to drop it, the prosecutor can and often will proceed. That is why you need your own attorney working the case from the very start.
What are the penalties for Assault Family Member?
A first offense is usually a Class A misdemeanor (up to one year in jail and a $4,000 fine). It becomes a felony with a prior family-violence conviction, an allegation of strangulation or impeding breath, a deadly weapon, or serious bodily injury, ranging from a third-degree felony (2 to 10 years) up to a second-degree felony (2 to 20 years).
What is an “affirmative finding of family violence”?
It is a formal notation the judge places in the record confirming the offense involved family violence. Even without jail time, this finding can restrict your firearm rights, affect custody and family-law matters, and make any future charge more severe. Avoiding an affirmative finding is often as important as avoiding jail.
What is a protective order or emergency protective order?
After a family-violence arrest, a magistrate will usually issue an emergency protective order that can bar you from your home, prohibit contact with the alleged victim, and ban firearm possession, typically for 31 to 91 days. These orders are separate from bond conditions, and an attorney can ask the court to modify overly restrictive terms.
Should I contact the alleged victim after my arrest?
No. Contacting the alleged victim almost always violates a protective order or bond condition and can lead to new charges. Let your attorney handle all communication. Even well-meaning contact can seriously damage your case.
How does a family-violence charge affect my gun rights?
Both Texas and federal law restrict firearm possession after a family-violence conviction or while a protective order is in effect, and a federal conviction can be a lifetime ban. Because the stakes reach your constitutional rights, these cases should never be handled without experienced counsel.
Can an Assault Family Member charge be dismissed?
Yes. These cases often turn on shifting accounts, self-defense, lack of injury, or weak evidence. Brian Foley served in the Domestic Violence Unit and trained in strangulation and impeding-breath cases, giving our firm an inside understanding of how to fight for a dismissal or reduction.

General Criminal Defense

Should I talk to the police if I'm being investigated or arrested?
Be polite, provide your identification, and then respectfully decline to answer questions until you have a lawyer. You cannot talk your way out of an arrest, and statements are routinely used against people later. Asking for an attorney is your right and cannot be used against you.
When should I hire a criminal defense attorney?
As early as possible, ideally before charges are even filed. Critical events like bond conditions, protective orders, license deadlines, evidence preservation, and grand jury decisions happen at the very start of a case. Getting an attorney involved early gives you the best chance at a dismissal or reduction.
What is the difference between a misdemeanor and a felony in Texas?
Misdemeanors are punishable by fine and up to one year in county jail. Felonies carry state prison time from 180 days up to life, depending on the degree. Prior convictions or specific facts can enhance a misdemeanor to a felony. Which category you face dramatically changes both the strategy and the stakes.
What happens after an arrest in Harris County?
After booking, you see a magistrate who sets bond and any conditions. Your case is then assigned to a county (misdemeanor) or district (felony) court, with a series of resettings while your attorney reviews the evidence and negotiates. Most cases resolve through motions and negotiation, but we prepare every case as if it will go to trial.
Can my record be expunged or sealed?
If your case was dismissed, you were acquitted, or you completed certain diversion programs, you may qualify for an expunction that erases the arrest, or an order of nondisclosure that seals it from public view. The eligibility rules are specific, and we can tell you whether your case qualifies.
Do I have to appear in court for every setting?
In many misdemeanor cases your attorney can appear for you at routine settings, though some hearings and most felony settings require your presence. We keep you informed of every date and tell you exactly when you must appear.
How much does a criminal defense attorney cost?
Fees depend on the charge, the county, and whether the case goes to trial. We offer a free, confidential consultation to review your situation and explain your options and cost up front, before you commit to anything.
What makes Houston Criminal Defense Attorneys different?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by only a small fraction of Texas lawyers, and both Brian Foley and Luis Baez are former prosecutors who served on the elite Vehicular Crimes Team. They know how the State builds its cases because they used to build them, and now they put that experience to work for you.

Arrested in Houston? Call Now.

Free, confidential consultation, available 24/7. The first 15 days matter for your driver's license — don't wait.

Free Consultation Call (713) 703-1718
(713) 703-1718