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Brian Foley — former Felony Chief Prosecutor, now a Board Certified criminal defense attorney in Conroe, Texas
Brian FoleyFormer Felony Chief Prosecutor

When your freedom is on the line, it matters who is standing next to you — and it matters even more whether that person has ever sat on the other side of the courtroom. Brian Foley has. Before he defended people accused of crimes, he was a Felony Chief Prosecutor in both Montgomery and Harris County, where he built, charged, and tried the same kinds of cases the State is now bringing against you.

What a Felony Chief Prosecutor Actually Does

A Felony Chief is not an entry-level prosecutor. In Harris County — home to Houston, the fourth-largest city in the United States — Brian was responsible for roughly a third of all cases filed. He personally made the arrest and charging decisions on thousands of cases, from Capital Murder and Aggravated Robbery down to Possession of Marihuana. He tried the most serious felonies the office handled, including Murder, Aggravated Robbery, Bank Robbery, Burglary of a Habitation, Strangulation, and Online Solicitation of a Child.

That means Brian has personally answered the question the State is asking about you right now: Is this case strong enough to charge, and how do we prove it? He knows what a prosecutor looks for before filing, what makes a case fall apart, and which files get pushed hard versus quietly reduced.

He Knows How Your Case Was Built — Because He Used to Build Them

Every criminal case begins long before the courtroom. It starts with an officer's decision to stop a car, a search, an interview, a lab test, a report. Brian has literally trained the officers who investigate these cases and worked shoulder-to-shoulder with the investigators who put them together. He knows the protocols they are supposed to follow at every step — and he knows what it means when they don't.

That inside knowledge is where cases are won. When a stop was made without reasonable suspicion, when a search exceeded its lawful scope, when evidence was mishandled, or when a statement was taken improperly, Brian knows how to find the problem and how to turn it into a motion to suppress, a reduced charge, or a dismissal. He wrote the book — literally — on how crimes are investigated and prosecuted in Texas.

Local Insight, Big-City Experience

Brian brings the trial volume and sophistication of a major metropolitan prosecutor's office together with the local insight that actually moves cases in Montgomery County. He knows the prosecutors, he knows the courts, and he understands how these cases are evaluated here — because he used to evaluate them himself. When he negotiates with the State, he is not guessing at how they will react. He often already knows.

Put a Former Chief Prosecutor on Your Side

Hiring a former prosecutor does not just mean hiring someone who has been in a courtroom. It means hiring someone who knows the other side's playbook by heart and now uses it entirely for you. If you are facing a criminal charge in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC today for a free, confidential consultation.

Frequently Asked Questions


How does hiring a former prosecutor actually help my case?
A former prosecutor already knows how the other side thinks, because he used to be the other side. Brian made the charging decisions, ran the trials, and negotiated the pleas from behind the State's table. That means he can look at your case and see the weaknesses the State will try to hide, anticipate the offers and trial strategy before they arrive, and push the prosecution on the exact points where their case is thin.
Does a former prosecutor know the DAs and judges handling my case?
Very likely, yes. Brian was a Felony Chief Prosecutor in both Montgomery and Harris County and has worked alongside many of the prosecutors, investigators, and judges now involved in Montgomery County cases. Knowing how a specific prosecutor or court tends to evaluate a case is a real, practical advantage in negotiation and trial strategy — it is the difference between guessing and knowing.
Will a former prosecutor be too friendly with the State to fight for me?
No. Brian's loyalty is entirely to his client. Knowing the prosecutors makes him more effective, not softer. He uses those relationships and that inside knowledge to get information, open doors, and press for better outcomes — while remaining a battle-tested trial lawyer who is fully prepared to take the State to trial when that is what your case needs.
What did a Felony Chief Prosecutor do day to day?
As a Felony Chief in Harris County, Brian was responsible for roughly a third of all cases filed in Houston — the fourth-largest city in the country. He made arrest and charging decisions on thousands of cases ranging from Capital Murder to drug possession, supervised other prosecutors, tried the most serious felonies himself, and decided which cases were strong enough to pursue and which were not. That is the same evaluation he now runs for you, in your favor.
Why does it matter that he knows how police investigate?
Cases are won and lost on how the evidence was gathered — the traffic stop, the search, the interview, the lab work. Brian has trained officers and worked hand-in-hand with investigators, so he knows the protocols they are supposed to follow. When they cut a corner or break a rule, he knows how to find it and how to use it to get evidence suppressed or charges reduced or dismissed.

Speak With Brian Foley Today


Free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.

(936) 596-0407