Andrew & Andrew on Texas Criminal Defense

Can a Texas judge hold someone in jail without bond before trial? The Texas Constitution guarantees a general right to bail, but that right has important exceptions. Under Article I, Sections 11, 11a, 11b, 11c, and 11d, courts may deny bail in certain criminal cases involving repeat felony allegations, violations of release conditions, protective-order violations, and serious public-safety concern...

These Choices Only a Defendant Makes Who actually gets to make the big decisions in a Texas criminal case—the defendant or the defense lawyer? A criminal defense attorney controls much of the strategy involved in trying a case, but some decisions are so fundamental that they belong to the defendant alone. In this episode of Andrew & Andrew on Texas Criminal Defense , Andrew Herreth and Andrew...

Entrapment Defense Trial: Louisiana Lawyer Wins Not-Guilty Online Solicitation Case What does an entrapment defense actually look like when it is presented to a jury? In this episode of Andrew & Andrew on Texas Criminal Defense , Andrew Herreth and Andrew Decker are joined by Louisiana criminal defense attorney Patricio Ramos , who recently obtained a not-guilty verdict in an online solicitati...

Statutory defenses can be some of the most powerful—and most overlooked—tools available to Texas criminal defense attorneys. In Part 2 of our series, we examine Texas Penal Code Chapters 8 and 9, discussing affirmative defenses, justification defenses, jury charge issues, and real-world trial strategy. Topics include insanity, mistake of fact, mistake of law, intoxication, duress, entrapment, nece...

Statutory defenses can win criminal cases—but only if you know how to recognize, preserve, and argue them. In this episode of Andrew & Andrew on Texas Criminal Defense , Andrew Herreth and Andrew Decker celebrate seven years of the podcast before diving into one of the most overlooked topics in Texas criminal practice: statutory defenses under the Texas Penal Code and Code of Criminal Procedur...

State v. Barber, Brady Violations, and Texas Jail Credit Questions | Andrew & Andrew on Texas Criminal Defense In this episode, Andrew Herreth and Andrew Decker answer listener-submitted questions and break down several important developments in Texas criminal law. The discussion begins with a practical question every criminal defense lawyer encounters: what happens to a client's jail credit w...

Examining Trials in Texas: Strategy, Pressure, and Practical Use In this episode of Andrew & Andrew on Texas Criminal Defense , Andrew Herreth and Andrew Decker reunite after a brief hiatus to dive into one of the more underused procedural tools in Texas criminal defense practice: the examining trial. The Andrews discuss when examining trials actually make strategic sense, why they are rarely...

In this episode of Andrew & Andrew on Texas Criminal Defense , we sit down with Natalie Ware, Chief of Misdemeanor and Training Director for the Harris County Office of Managed Assigned Counsel (MAC) to break down how Texas is transforming indigent defense at the misdemeanor level. If you’re a Texas criminal defense attorney — or simply interested in how the criminal justice system works — thi...

The Andrews discuss potential charges to look out for if you’re planning to go out and protest the government. Defenders, you may be seeing an uptick in these cases if you practice in an area thats seeing higher levels of unrest than “usual”

The Andrews sit down with Christopher Seals to discuss the struggles that affect us all as Defenders during the holiday time. You’ll hear how Christopher, as a professional, treats depression and how we can help out each other we see struggling. sealslpc.com

The Andrews are joined, once again, with Julie Balovich and Shane O’neal who, no one is surprised to hear, are winning once again out west. Listen in as we discuss the latest shenanigans these two have come across. We’ll discuss the Motion to Disqualify and Motion to Dismiss filed by Shane and you’ll be shocked by the outcome of this trial. Click here to see the Motions

The Andrews are delighted to have Courtney Miller back on the show to discuss a crazy situation (yes, another one!) with a client she recently got a dismissal on! Take a listen to learn some things about representing those wrongly accused!

42A.054 is confusing, especially when you throw the Government Code in the mix.

The Andrews discuss what constitutes testimonial evidence. In doing so, we look at the Crawford Analysis and the Davis Rule.

The Andrews discuss objections in today’s episode. Listen in on our tips for preparing to make objections and maybe re-thinking how often you should make objections.

The Andrews discuss some new laws going into effect September 1. Emphasis on some…there’s lots to cover. Defenders, get your butt over to a CLE to learn more.

Defenders, we’ve known we’re pretty big deals for quite some time but this is getting ridiculous. Two bills we’ve discussed on our show recently failed to become laws in Texas. Changes to 39.14 failed to leave committee and the THC prohibition bill was vetoed by the Governor. Power corrupts and absolute power corrupts absolutely, and we cannot wait to abuse this power.

As Defenders, its important to remember who we’re fighting for and what our clients’ rights are. The Andrews discuss just that in this episode.

Happy Law Day, Defenders! The Andrews sit down with Professor Emerita Lynne Rambo of Texas A&M University School of Law to discuss the dangerous precedent being set out of the executive branch with the attacks on the judiciary. This concerned Professor Rambo so much she decided to do something about it with a group of colleagues from around the country. They developed a simple yet powerful sta...

The Andrews have the pleasure of discussing indigent defense with none other than James McDermott, Chief Public Defender for the Far West Texas Regional Public Defender’s Office. Listen in on what it takes to establish, grow, and run an office which has become vital to their area.

The Andrews sit down with the great and formidable Ian Stephens. Ian is a third year law student and member of the law review at Texas A&M University School of Law. His paper for law review focuses on the detrimental effect state licenses have on recidivism. This is a fascinating discussion that highlights the absurdity of the current licensing framework we have in Texas. Read the article for...

A new bill has been introduced in Texas which waters down 39.14. Contact your local rep to voice your displeasure.

The Andrews discuss getting a DA’s office disqualified and everything that comes with it.

The Andrews are enlightened by the great and powerful Maggie Stewart of Mundial Law on the ins and outs (literally) of Canadian travel. The days of thinking anyone can enter the northern border are over, folks. They got real life law enforcement up there. As you’ll hear, Maggie informs us what convictions can keep you out of our great northern cousinland. All is not lost, though, those Canadians a...

Courtney Miller joins us once again to walk us through a crazy story that happened recently in one of her trials. Listen in as she fights for her client like no one we’ve spoken to. Contact Courtney here .