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  • Brian Foley

Montgomery County Criminal Defense Attorney - Defenses to Criminal Cases.

Montgomery County Criminal Defense Attorney - Defenses to Criminal Cases

As a criminal lawyer in the State of Texas, I understand the complexities and challenges individuals face when charged with offenses such as Driving While Intoxicated (DWI), Theft, Assault Family Member, and Drug-related charges. These charges can carry severe consequences, ranging from fines and probation to incarceration and a permanent mark on your record. However, it's crucial to remember that everyone is entitled to a strong defense, and there are various strategies available to challenge these allegations. In this blog post, we'll explore some common defenses for each of these charges.

  1. DWI (Driving While Intoxicated): DWI charges in Texas are serious and can result in significant penalties, including fines, license suspension, and even jail time. However, several defenses can be employed to challenge these charges:

  • Lack of probable cause for the traffic stop: If law enforcement officers did not have a valid reason to pull you over, any evidence obtained thereafter may be suppressed.

  • Inaccurate breathalyzer or blood test results: Breathalyzer and blood tests are not infallible, and various factors can lead to inaccurate readings. Challenging the reliability of these tests can be a key defense strategy.

  • Field sobriety test inaccuracies: Field sobriety tests are subjective and can be influenced by various factors such as weather conditions, physical conditions, and nervousness. Demonstrating flaws in the administration or interpretation of these tests can weaken the prosecution's case.

  1. Theft: Theft charges in Texas can stem from a wide range of actions, from shoplifting to embezzlement. Some potential defenses include:

  • Lack of intent to steal: Theft requires intent, so if it can be shown that you did not have the intent to permanently deprive the owner of their property, this could serve as a defense.

  • Mistaken identity: If you were misidentified as the perpetrator of the theft, presenting evidence of your whereabouts at the time of the incident can help establish an alibi.

  • Consent: If you reasonably believed you had the owner's consent to take the property, this can be used as a defense against theft charges.

  1. Assault Family Member: Assault Family Member charges involve allegations of violence against a family or household member. Defenses to these charges may include:

  • Self-defense: If you were acting in self-defense or in defense of another person, you may be able to argue that your actions were justified.

  • Lack of intent: If the alleged assault was accidental or unintentional, this could serve as a defense.

  • False allegations: In some cases, individuals may falsely accuse someone of assault out of anger or spite. Providing evidence to refute the accuser's claims is essential in these situations.

  1. Drug Charges: Drug charges in Texas range from possession to trafficking and can result in severe penalties. Common defenses include:

  • Illegal search and seizure: If law enforcement officers obtained evidence through an illegal search or seizure, it may be possible to have that evidence suppressed.

  • Lack of knowledge: If you were unaware that drugs were in your possession or that they were illegal, this could serve as a defense.



For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.


For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.


For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.

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