2025 Videos

76 videos published in 2025 by Board Certified Houston criminal defense attorneys and former prosecutors.

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

  Video: A Houston DWI attorney's New Year's Day reminder — enforcement is heavy, 'no refusal' is in effect, and the cheapest decision you make all year is the rideshare home.

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

  Video: A former Vehicular Crimes prosecutor on New Year's Eve DWI enforcement in Houston — no-refusal warrants, saturation patrols, and the plan to make before the first drink.

• Texas Penal Code § 9.33 — Defense of Third Person

  Video: Houston criminal defense attorney and former prosecutor explains Texas Penal Code § 9.33, when you are legally justified in using force — even deadly force — to protect another person.

• Understanding Texas Penal Code § 9.33 Is Crucial

  Video: A Houston criminal defense attorney on why every Texan who might step in to protect a friend or family member needs to understand Penal Code § 9.33 — defense of a third person — before it happens.

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

  Video: A Houston criminal defense attorney on defending a stranger — what Texas law allows when you intervene in an attack on someone you do not know, and why 'reasonable belief' is judged from what you saw.

• Understanding the Nuances of Penal Code § 9.32 Is Essential

  Video: A Houston self-defense attorney on the details of Texas Penal Code § 9.32 that decide cases — 'immediately necessary,' the difference between force and deadly force, provocation, and the no-duty-to-retreat rule.

• HCDA — Deadly Force in Defense of Person

  Video: Houston Criminal Defense Attorneys on the Castle Doctrine presumption in Texas Penal Code § 9.32(b) — when the law presumes your use of deadly force was reasonable in your home, vehicle, or workplace.

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

  Video: A Houston self-defense attorney on what to do in the minutes and days after a self-defense shooting — the 911 call, the statement, the grand jury — to make sure Penal Code § 9.32 actually protects you.

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

  Video: Houston criminal defense attorneys and former prosecutors explain Texas Penal Code § 9.32 — when deadly force is justified, the Castle Doctrine presumption, and the no-duty-to-retreat rule.

• Clearing Your Record of Criminal History in Texas

  Video: A Houston criminal defense attorney explains the two ways to clear a criminal record in Texas — expunction, which destroys the record, and an order of nondisclosure, which seals it — and who qualifies for each.

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

  Video: A Houston DWI attorney explains the difference between DWI and DUI in Texas — DWI is the adult intoxication offense; DUI is the zero-tolerance Class C offense for drivers under 21 with any detectable alcohol.

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

  Video: A Houston DWI attorney explains when a DWI can be removed from your record in Texas — expunction after dismissal or acquittal, and the 2017 law allowing nondisclosure of a first DWI conviction under specific conditions.

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

  Video: A Houston drug defense attorney on whether 'I smelled marijuana' still justifies a vehicle search in Texas now that legal hemp smells identical — and how the defense challenges odor-based searches.

• Never Represent Yourself on a DWI

  Video: A Houston DWI attorney's fifteen-second warning — a DWI has two cases, a 15-day deadline, scientific evidence, and a permanent record, and pleading it out alone at the first setting is the most expensive shortcut in criminal law.

• Houston DUI Lawyer 2025

  Video: A Houston DWI attorney's 2025 update — what changed in Texas DWI enforcement, the state fine at conviction, interlock and nondisclosure rules, and what a first-time DWI defendant in Harris County can realistically expect.

• Harris County Firearm and Marijuana Policy

  Video: A former Harris County prosecutor explains how the DA's office handles cases where a gun and marijuana are found together — why the marijuana diversion policy does not apply, and how the weapon changes everything.

• Marijuana Possession Trial Methods — Houston, Texas

  Video: A former prosecutor explains how marijuana possession cases are actually tried in Harris County — the affirmative links the State must prove, the hemp lab problem, and why juries acquit on 'knowingly.'

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

  Video: A Houston DWI attorney on the intoxicated Tesla driver asleep on Autopilot — why Texas law treats a person in the driver's seat as 'operating' the vehicle regardless of who is steering, and whether that will change.

• Police Don't Always Get It Right

  Video: A former Harris County prosecutor on the routine mistakes in police work — wrong statutes, bad stops, misread field sobriety tests, mistaken identifications — and why the arrest report is the beginning of the inquiry, not the end.

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

  Video: A Houston DUI attorney gives a 2025 update on Texas DWI and DUI laws, clearing your record, and how technology is reshaping DWI cases.

• Marijuana in Your Butt? Is It Legal?

  Video: A Houston drug defense attorney answers a viral question — hiding marijuana inside your body is still possession, and it adds a tampering-with-evidence felony and a body-cavity search on top of the original charge.

• Tech Impact on DUI and DWI Laws in Texas

  Video: A Houston DWI attorney on how technology is changing DWI cases in Texas — body cameras, e-warrants for blood, ignition interlock and portable alcohol monitors, vehicle event data, and phone location records.

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

  Houston criminal defense attorneys explain whether THC vape pens are illegal in Texas after SB 2024 — the sales ban, the failed SB 6, and Penalty Group 2 prosecution risks.

• Texas Bans Certain E-Cigarettes — Senate Bill 2024

  Video: A Houston criminal defense attorney explains Texas Senate Bill 2024, effective September 1, 2025 — the new restrictions on e-cigarette products by origin, ingredients, and design, and who can be charged under it.

• Texas Bans Vapes in Disguise

  Video: A Houston criminal defense attorney on the part of Senate Bill 2024 aimed at e-cigarettes designed to look like highlighters, USB drives, toys, and school supplies — and why concealment-style products draw law enforcement attention.

• Texas Senate Bill 2024 and THC

  Video: A Houston drug defense attorney explains how Senate Bill 2024's ban on cannabinoid-containing e-cigarettes interacts with Texas THC law — retailer liability under the new bill, consumer liability under the Controlled Substances Act.

• Texas Penal Code Sec. 9.21 – Public Duty

  Houston criminal lawyer Brian Foley explains the Public Duty defense under Texas Penal Code Sec. 9.21 — when conduct is justified, the limits on force, the deadly-force standard, and reasonable belief.

• Sealing Records Eligibility in Texas

  Video: A Houston criminal defense attorney explains who qualifies for an order of nondisclosure in Texas — deferred adjudication, certain misdemeanor convictions, first DWI — the waiting periods, and the offenses that are permanently excluded.

• Sealing Marijuana Records in Texas

  Video: A Houston criminal defense attorney explains how to clear an old marijuana case in Texas — expunction after dismissal or diversion, automatic or petition-based nondisclosure after deferred adjudication, and sealing a conviction.

• Sealing Misdemeanor Probation Records in Texas

  Video: A Houston criminal defense attorney explains how a misdemeanor resolved with probation — deferred adjudication or a straight conviction with community supervision — can be sealed under Texas nondisclosure law, and the waiting periods that apply.

• Case Negotiations in Criminal Law

  Video: A former Harris County Felony Chief explains how plea negotiations actually work — what prosecutors weigh, what leverage the defense has, and why the best offers come after the State's case has been tested.

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

  Video: Brian Foley outlines what happens when you get arrested in Houston, Texas in 2025 — arrest, bail, evidence disclosure, arraignment, plea bargains, and expunction.

• What Is an Arraignment in Texas?

  Video: A Houston criminal defense attorney explains what happens at an arraignment in Texas — the reading of the charge, the plea of not guilty, bond review, and why the first setting is not the time to make decisions.

• Marijuana Expunction Attorney in Houston, Texas

  Video: A Houston expunction attorney explains how a dismissed, diverted, or acquitted marijuana case in Harris County is expunged — the eligibility rules, the waiting periods, and what an expunction order actually does.

• Houston Marijuana Expunction Lawyer

  Video: A Houston expunction lawyer on why a dismissed marijuana case still shows up on background checks, the difference an expunction makes for jobs, housing, and licensing, and what the petition process involves in Harris County.

• Possession of Marijuana in Harris County (2025)

  Brian Foley explains that Harris County is again making full arrests for simple marijuana possession — what happens after an arrest, the General Order Bond, and how to get the case dismissed and expunged.

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

  Video: Houston criminal defense attorney explains Harris County Pretrial Services — bond supervision, check-ins, drug testing, and monitoring before you have been convicted of anything.

• Texas Right to Remain Silent

  Video: A Houston criminal defense attorney explains the right to remain silent under the Fifth Amendment and Article I, § 10 of the Texas Constitution — what it covers, how to invoke it, and the Texas rule that silence itself cannot be used against you at trial.

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

  Video: A former prosecutor explains the physical evidence that proves who was really the aggressor in an assault case — bruised or split knuckles on the complainant, defensive injuries on the accused — and why officers so often fail to photograph it.

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

  Video: A former Harris County prosecutor's direct advice — do not give a statement to police, a detective, or an investigator without a lawyer present, no matter how informal the request sounds.

• Negotiations in a Criminal Case

  Video: A former Harris County prosecutor on the mechanics of negotiating a criminal case — when to make the ask, what to put in front of the prosecutor, and how mitigation and case weaknesses are presented together.

• Texas Penal Code 9.31 — Self-Defense

  A Houston assault lawyer breaks down Texas Penal Code Section 9.31, which governs the use of non-deadly force in self-defense — the reasonable-belief standard, the presumptions, the limits, and stand your ground.

• Texas Penal Code § 9.22 — Necessity

  Video: A Houston criminal lawyer explains Texas Penal Code Section 9.22, the necessity defense, and when justified conduct applies in Texas.

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

  Video: A former Harris County prosecutor explains the phone call the DA's office makes to every complainant in an assault or theft case — what is asked, what 'I don't want to prosecute' actually does, and why the case often continues anyway.

• Federal Pretrial Hearings

  Video: A Houston federal criminal defense attorney explains the hearings that follow a federal arrest in the Southern District of Texas — the initial appearance, the detention hearing under the Bail Reform Act, and the arraignment.

• Federal Criminal Lawyer in Houston

  Video: Houston Criminal Defense Attorneys PLLC on federal criminal defense in the Southern District of Texas — the cases the U.S. Attorney's Office brings, the sentencing guidelines, and why federal defense requires different preparation than state court.

• Your Criminal Rights in Houston, Texas

  Video: A Houston criminal defense attorney runs through the rights every person has in a police encounter and a criminal case in Texas — silence, counsel, refusal of searches, a speedy public jury trial, confrontation, and the presumption of innocence.

• Texas Penal Code § 9.06 — Civil Remedies Unaffected

  Video: 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.

  Video: A Houston criminal defense attorney on the one quality that matters most in choosing a lawyer — honesty with the client about the evidence, the odds, and the offer — and why lawyers who promise outcomes should be avoided.

• How Criminal History Changes Criminal Cases

  Video: A former Harris County prosecutor explains how a prior record changes a new case in Texas — enhancement of the charge level, the punishment range, bond, eligibility for diversion and probation, and how prosecutors value the case.

• Negotiations in Criminal Cases — Houston Criminal Lawyer

  Video: A Houston criminal lawyer on what a plea agreement actually contains — the charge, the sentence, deferred vs. conviction, findings, conditions, and collateral consequences — and why the details matter more than the headline.

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

  Video: A Houston federal defense attorney on why federal agents — FBI, DEA, HSI, IRS, ATF — are more dangerous to talk to than local police: 18 U.S.C. § 1001 makes any false statement a felony, and agents write the report of what you said.

• Top Criminal Lawyer Questions — Houston, Texas

  Video: Managing partner Brian Foley answers the top criminal lawyer questions in Houston, Texas — misdemeanor vs. felony, intent, plea deals, self-defense, and your rights.

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

  A Houston criminal defense attorney explains Texas Penal Code Section 9.05 — how the reckless injury of an innocent third person can strip away a self-defense justification.

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

  Video: A Houston DWI attorney answers the most common question after a DWI arrest — the 72-hour statutory minimum, why time served usually covers it, how probation works, and when jail is a real risk.

• Evading Arrest vs. Fleeing Police — Houston Criminal Attorney

  Video: A Houston criminal attorney explains the difference between evading arrest or detention (Penal Code § 38.04, a felony in a vehicle) and fleeing or attempting to elude a police officer (Transportation Code § 545.421, a misdemeanor) — and why the charge often depends on the officer.

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

  Video: A Houston criminal attorney explains that in Texas an officer may arrest for almost any traffic offense — including speeding — under Transportation Code § 543.001, the two exceptions, and why a custodial arrest for a ticket usually means the officer wanted to search.

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

  Video: A Houston DWI attorney answers how long a DWI stays on your record in Texas — forever, for a conviction, with no look-back period for enhancement — and the one exception that lets a first DWI be sealed after two to five years.

• Can You Be Arrested for a Ticket and Searched?

  Video: A Houston criminal attorney explains the search-incident-to-arrest rule after a traffic arrest — what officers may search under Arizona v. Gant, what they may not, and how a Class C arrest becomes a felony drug or gun case.

• Inventory Search After Refusing Consent — Houston Criminal Lawyer

  Video: A Houston criminal lawyer explains the inventory-search exception — when police impound a car after an arrest and 'inventory' its contents without a warrant — and the policy and pretext requirements that make many inventory searches suppressible.

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

  Former prosecutors Brian Foley and Luis Baez explain whether recanting in a Texas family violence case can lead to a false-report arrest, plus evidence-based prosecution and protective orders.

• Suspicious Vehicle Calls — Houston Criminal Attorney

  Video: A Houston criminal attorney explains what happens when a neighbor calls in a 'suspicious vehicle' — the difference between a consensual encounter and a detention, the community-caretaking doctrine, and what an anonymous tip does and does not justify.

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

  Video: A Houston criminal lawyer explains Texas Penal Code § 38.02 — when you must give your name, address, and date of birth (after a lawful arrest), when you must show a license (as a driver), and when refusing to identify is your right.

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

  Brian Foley explains Texas Penal Code Section 38.02, 'failure to identify' — when you must give your name, address, or ID to a peace officer, and the penalties for refusing or lying.

• Public Intoxication Arrests in Galveston, Texas

  Video: A Galveston criminal defense attorney explains public intoxication arrests on the island — the Seawall, the Strand, Mardi Gras, spring break — the 'may endanger' element officers rarely prove, and how a Class C PI is dismissed and expunged.

• Houston Criminal Lawyer — Best Advice on Aggravated Assault

  Video: A former Harris County Felony Chief gives his best advice to someone charged with aggravated assault — silence, a lawyer before the grand jury, preserving the evidence of who started it, and understanding what 'deadly weapon' and 'serious bodily injury' actually mean.

• Is It Legal to Drive Through a Roadblock?

  Brian Foley and Luis Baez break down a viral Jeep Wrangler roadblock video — who has authority to stop you, when driving forward becomes aggravated assault, and why missing context matters.

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

  Video: Houston criminal defense attorney answers whether shining a high-lumen flashlight at police can get you arrested — and which Texas charges (assault on a peace officer, interference, resisting) prosecutors reach for.

• Mavericks Assistant Coach Case: Legal Insights

  Brian Foley breaks down the aggravated assault with a deadly weapon charge against Dallas Mavericks assistant coach Darrell Armstrong and how a firearm turns a threat into a second-degree felony.

• Probable Cause to Search a Car

  Video: A Houston criminal lawyer explains the automobile exception — when officers may search a vehicle without a warrant or consent — what probable cause actually requires, and the facts officers cite that do and do not meet the standard.

• Threats of Deadly Force Are Called Aggravated Assault in Texas

  Video: A Houston criminal attorney explains that pointing or displaying a weapon while threatening someone is aggravated assault by threat in Texas — a second-degree felony with no injury required — and the road-rage, neighbor, and family scenarios where it is charged.

• Can the Police Search Your Vehicle?

  Video: A Houston criminal lawyer lays out the five ways police can lawfully search a car in Texas — consent, probable cause, search incident to arrest, inventory, and a warrant — and the one way you control: consent.

• Texas Penal Code Section 9.04: Threats as Justifiable Force

  Houston assault attorney Brian Foley explains Texas Penal Code Section 9.04 — when a threat of force, such as displaying a weapon, is legally justified without amounting to the use of deadly force.

• Federal Target Letters — Houston Criminal Defense Attorneys PLLC

  Video: A Houston federal defense attorney explains what a target letter from the U.S. Attorney's Office means — you are a target of a grand jury investigation — what the letter offers, and why the window before indictment is where the case is decided.

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

  Video: Former prosecutors explain the differences between a Harris County state case and a Southern District of Texas federal case — who investigates, how charges are brought, bond vs. detention, the Sentencing Guidelines, parole vs. no parole, and plea rates.

• Understanding Federal Target Letters

  Brian Foley and Luis Baez explain what a federal target letter is, why the DOJ sends them, how federal cases differ from state cases, and the steps to take if you receive one.