Most people go their whole lives without a criminal case, so they bring the only rules they know — the rules of ordinary life — into a system that runs on different ones. Brian Foley explains the difference in this video.
The rules of a normal conversation
Answer questions. Explain yourself. Fill silences. Be agreeable. Assume good faith. Clear up misunderstandings by giving more information.
The rules of a criminal investigation
Every one of those instincts is inverted. Questions are asked to gather evidence, not to understand. Explanations become admissions. Silence is a constitutional right. Agreeableness is read as consent — to a search, to an interview, to a test. And more information does not clear up a misunderstanding; it locks in a version of events you will have to live with.
Why speed matters
The system also runs on deadlines that ordinary life does not have:
- 15 days to request an ALR hearing after a DWI arrest, or your license is suspended automatically.
- Days before surveillance video at a bar, a store, or an apartment complex is overwritten.
- The first court setting, where bond conditions and protective orders are addressed — or left in place for months.
- Before indictment, the only window to present a defense to a grand jury.
A lawyer retained in the first week can preserve evidence, meet deadlines, and shape the case before the State's version hardens. A lawyer retained in month three inherits whatever is left.
Brian Foley and Luis Baez know how quickly the State moves because they were the State. Call or text (409) 877-4909 — the consultation is free and the clock is not.