Ask the people in a Harris County misdemeanor court what they did wrong and many will tell you, honestly, that they had no idea it was a crime. Brian Foley's short video is about that moment — and this post is about the things that cause it.
Everyday things that are crimes in Texas
- The vape pen in the console. THC concentrate is a felony, even bought over the counter.
- The handgun you carry lawfully everywhere — except the bar, the school, the courthouse, the polling place, or the business with the 30.06/30.07 sign, where it becomes unlawful carrying or a felony under § 46.03.
- The argument in which you said "I'll kill you." That is terroristic threat.
- The friend's car you kept a day longer than agreed. That can be unauthorized use of a motor vehicle, a state jail felony.
- The open beer a passenger is holding. That is an open container violation for the driver.
- The text to your spouse after a family-violence arrest. That is violation of a bond condition or protective order.
- The "borrowed" Wi-Fi, the unpaid tab, the walked-out-on ride — theft of service.
- Sitting in the driver's seat of a parked, running car after drinking. That is "operating" for DWI purposes.
Why "I didn't know" doesn't work
Texas Penal Code § 8.03 says ignorance of the law is no defense. The State has to prove you intended the act — not that you knew it was illegal. What can be a defense is a mistake of fact under § 8.02: you did not know the cartridge contained THC; you believed you had permission to keep the car.
What to do when the day stops being ordinary
Stop talking, ask for a lawyer, and call one who knows how Harris County charges the everyday cases. Brian Foley and Luis Baez prosecuted them; now they defend them. Call or text (713) 703-1718.