Brian Foley, Board Certified in Criminal Law and a former Felony Chief Prosecutor, is regularly asked by television stations and national podcasts for legal analysis of criminal cases. Below are some of his appearances.
Houston mother fights for daughter's autopsy records after deadly shooting in 2024
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.
Read the full story on ABC13Business owners say they will take a financial hit from Texas ban on smokable hemp products
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.
Read the full story on ABC13"Hand That Rocked the Cradle: Au Pair Plots Murder of Love-Rat-Boss' Wife, Hubby Busted"
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 Felony Chief Prosecutor, Foley broke down the murder charges and the evidence behind the prosecution.
Listen to the podcast"Uber rideshare incident in Houston: Defense attorney discusses legal questions"
Criminal defense attorney and former Vehicular Crimes Team prosecutor Brian Foley was interviewed by FOX 26 after a fatal rideshare crash in Houston in which the driver 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, 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.
Watch the segment on FOX 26"Texas Judge Lets Convicted, Cold-Blooded Killer Walk Free to 'Get His Hair Styled at Barbershop'"
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 Felony Chief Prosecutor, Foley offered legal perspective on the court's handling of bond and sentencing.
Listen to the podcast"Insufficient evidence" leads to DWI charges being dropped against senior HPD officer
Brian Foley, a criminal defense attorney and former Vehicular Crimes Team 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.
Read the full story on ABC13