BRIAN FOLEY LAW PLLC
Criminal Defense Attorney - DWI Attorney
Conroe, The Woodlands, Huntsville, College Station
Conroe Criminal Defense Attorney Brian Foley — In the News
Conroe and Montgomery County criminal defense attorney Brian Foley is regularly called on by local and national media to explain complex criminal cases. A board-certified criminal defense lawyer and former chief prosecutor in Montgomery and Harris County, Foley has provided expert legal analysis for ABC13 Houston, FOX 26, FOX News, KPRC 2, and "Crime Stories with Nancy Grace." Below is a collection of his recent television, podcast, and news appearances.
FOX 26 Houston (KRIV) — "Uber rideshare incident in Houston: Defense attorney discusses legal questions" (March 20, 2024)
Houston criminal defense attorney and former vehicular-crimes prosecutor Brian Foley was interviewed by FOX 26 after an Uber driver struck and killed a toddler and was then attacked by bystanders. Foley explained that the driver could potentially face criminally negligent homicide or manslaughter charges depending on his state of mind, that the child's caretakers could also bear responsibility, and that the bystanders who hit the driver would not be shielded by self-defense laws. Ultimately, he cautioned that "not every tragedy involves criminal behavior," noting the case appeared to be a tragic accident rather than a crime.
Crime Stories with Nancy Grace (CrimeOnline / Fox Nation / SiriusXM) — "Colorado Boy, 2, Horrifically Injured After Severe Beating in Care of Drinking Nanny" (December 4, 2023)
Brian Foley appeared on Nancy Grace's panel to discuss the case of a 2-year-old Colorado boy who suffered life-threatening blunt-force head injuries while in the care of a babysitter later charged with felony child abuse. Drawing on his background as a former chief prosecutor and criminal defense attorney, Foley weighed in on the criminal charges and prosecution of the case.
ABC13 Houston (KTRK) — "Business owners say they will take financial hit from Texas ban on smokable hemp products" (March 31, 2026)
Houston criminal defense attorney Brian Foley was interviewed by ABC13 about Texas's new restrictions on smokable hemp products. Foley explained the "wide confusion in this area of law," noting that enforcement varies sharply by county — Harris County has declined to prosecute lower-level hemp cases, while Montgomery County and Conroe pursue THC vape cases as felonies — and that some sellers who believed they were complying may have a "mistake of law" defense.
Attorney Brian Foley was interviewed by ABC13 for a report on a Houston mother's months-long effort to obtain her daughter's autopsy and toxicology records after a fatal 2024 shooting that a grand jury declined to indict. Speaking as an outside legal expert, Foley explained what a grand jury "no-bill" means — that the grand jury found a lack of probable cause and the case is dismissed — and noted that records are often released once a case has been no-billed. He also outlined the family's potential next step: seeking the records through civil court, where a judge could issue a subpoena compelling the agencies to release them.
Crime Stories with Nancy Grace (CrimeOnline / Fox Nation / SiriusXM) — "Texas Judge Lets Convicted, Cold-Blooded Killer Walk Free to 'Get His Hair Styled at Barbershop'" (August 29, 2023)
Brian Foley joined Nancy Grace's expert panel to analyze the case of James Ray Lane, who pleaded guilty to the Houston murder of New York father Gregory Moore yet was allowed by the judge to remain free on bond before sentencing — reportedly so he could get a haircut. As a board-certified criminal defense attorney and former Harris County felony chief prosecutor, Foley offered legal perspective on the court's handling of bond and sentencing.
Crime Stories with Nancy Grace (CrimeOnline / Fox Nation / SiriusXM) — "Colorado Boy, 2, Horrifically Injured After Severe Beating in Care of Drinking Nanny" (December 4, 2023)
Brian Foley appeared on Nancy Grace's panel to discuss the case of a 2-year-old Colorado boy who suffered life-threatening blunt-force head injuries while in the care of a babysitter later charged with felony child abuse. Drawing on his background as a former chief prosecutor and criminal defense attorney, Foley weighed in on the criminal charges and prosecution of the case.
ABC13 Houston (KTRK) — "'Insufficient evidence' leads to DWI charges being dropped against senior HPD officer" (September 26, 2023)
Brian Foley, a Houston criminal defense attorney and former vehicular-crimes prosecutor, was interviewed by ABC13 about the dismissal of a DWI charge against senior HPD officer Phillip Marquez, who had blown nearly double the legal limit. Foley explained the case hinged on a "wheeling issue" — prosecutors must prove a person actually operated the vehicle, and Marquez was found on a non-operational, stalled motorcycle that no one saw him drive. "One of the elements of DWI is to prove you were actually operating the vehicle," Foley said, adding that while he saw such dismissals as a prosecutor, they were rare.
Crime Stories with Nancy Grace (CrimeOnline / Fox Nation / SiriusXM) — "Hand That Rocked the Cradle: Au Pair Plots Murder of Love-Rat-Boss' Wife, Hubby Busted" (September 24, 2024)
Brian Foley served as a legal analyst on Nancy Grace's panel covering the Virginia case of Brendan Banfield and au pair Juliana Peres Magalhães, charged in the murders of Christine Banfield and Joseph Ryan as part of an alleged affair-driven scheme. Drawing on his experience as a board-certified criminal defense attorney and former Harris County felony chief prosecutor, Foley broke down the murder charges and the evidence behind the prosecution.