Andrew & Andrew on Texas Criminal Defense

Andrew Herreth & Andrew Decker
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Texas criminal defense attorneys Andrew Herreth and Andrew Decker break down the law, the courts, and what really happens inside the criminal justice system. Whether you're a lawyer, a defendant, or just curious about how Texas criminal defense works, this show gives you practical insight from attorneys who are in the courtroom every day.

  1. 7h ago

    State v. Barber, Brady Violations, and Texas Jail Credit Questions | Andrew & Andrew on Texas Criminal Defense

    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 when a case is dismissed for lack of probable cause but later refiled or indicted under a different warrant number? Andrew and Andrew explain how Texas law treats backtime credit and discuss strategies for ensuring clients receive every day of credit they have earned. The conversation then shifts to Brady violations, the Michael Morton Act, and prosecutors' ongoing discovery obligations. The hosts examine recent examples of discovery disputes and discuss the distinction between intentional misconduct and inadvertent failures to disclose evidence. Finally, they analyze the Texas Court of Criminal Appeals' recent decision in State v. Barber (2026), a potentially significant case involving warrantless DWI arrests. The opinion clarifies that an offense is not committed within an officer's "presence or view" simply because the officer later develops probable cause through an investigation. The case could have important implications for future DWI suppression motions throughout Texas. Topics Covered Texas jail credit and backtime credit Dismissal for lack of probable cause Reindictment and new warrant numbers Texas Code of Criminal Procedure Article 42.03 Brady violations Michael Morton Act discovery requirements Prosecutorial disclosure obligations State v. Barber (2026) Warrantless DWI arrests Chapter 14 arrests Probable cause standards in Texas Criminal defense trial strategy Recent Texas Court of Criminal Appeals decisions Key Takeaways Defendants should generally receive credit for all time served on the same criminal incident, even if a case is dismissed and later refiled. Discovery violations remain a major issue in Texas criminal litigation despite the Michael Morton Act. State v. Barber may provide new arguments for challenging certain warrantless DWI arrests. Probable cause remains a relatively low standard, but officers must still comply with statutory arrest requirements. Defense attorneys should carefully review arrest procedures when officers arrive after the alleged offense has already occurred. Resources Mentioned Texas Code of Criminal Procedure Article 42.03 Texas Code of Criminal Procedure Article 14.03 Michael Morton Act Brady v. Maryland State v. Barber (Tex. Crim. App. 2026) Contact Questions for a future episode? Visit TexasCrimDefense.com or reach out to Andrew Herreth and Andrew Decker on social media.

    44 min

  2. Jun 1

    Examining Trials in Texas: Strategy, Pressure, and Practical Use

    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 used in larger counties, and how they can become powerful leverage tools in rural jurisdictions — especially in felony drug cases where lab results delay indictments. Topics covered include: What an examining trial is under Texas law The low probable cause burden prosecutors must meet Why examining trials often disappear after indictment How defense lawyers can use them to pressure prosecutors Discovery advantages before indictment Bond considerations and possible release outcomes Risks of discharge and later re-arrest Differences between Harris County and smaller rural counties Practical strategy considerations for in-custody clients Whether examining trials are worth filing in modern practice The episode also turns into a broader conversation about the increasing role of AI tools like Lexis AI and ChatGPT in criminal defense work, including: How attorneys are using AI for legal research and brainstorming Ethical and practical concerns surrounding AI-generated legal work Why younger lawyers may need to embrace these tools to stay competitive Concerns about future malpractice and grievance claims involving AI Along the way, the Andrews reflect on why the podcast matters, how listeners are using episodes to prepare for trial, and why real-world conversations between practicing defense attorneys continue to resonate with lawyers across Texas. Key Takeaways Examining trials remain a viable but underutilized defense tool Filing for one can force prosecutors to move cases faster They may create opportunities for early discovery and bond relief Timing and jurisdiction matter enormously AI is rapidly changing the practice of criminal defense law Mentioned in This Episode Texas Code of Criminal Procedure Articles 16.01, 15.17, and 16.17 Jeff Shearer’s examining trial strategy Lexis AI and Westlaw AI Rusty Duncan Advanced Criminal Law Course Train the Trainers CLE Program Connect With Us Follow Andrew & Andrew on Texas Criminal Defense for practical discussions, war stories, and real-world strategy from two Texas criminal defense attorneys actively practicing in the trenches. Website: TexasCrimDefense.comFacebook: Andrew & Andrew on Texas Criminal Defense Have a topic suggestion or a crazy courtroom story? Reach out — you might end up on the show.

    43 min

  3. Feb 15

    How Harris County’s Managed Assigned Counsel (MAC) Office Is Changing Indigent Defense in Texas

    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 — this episode offers a rare inside look at: What the Harris County Managed Assigned Counsel system actually does How attorneys qualify to take appointed misdemeanor cases Training requirements for MAC list attorneys Pay structure and voucher oversight Caseload standards in Harris County Recidivism data and dismissal rates The client-centered, holistic defense model How social workers and immigration attorneys support appointed counsel Why holistic criminal defense reduces jail time without increasing future crime We also discuss how the MAC office provides interdisciplinary support — including social workers, immigration specialists, and resource attorneys — to ensure clients receive representation that addresses both legal and life circumstances. For criminal defense lawyers across Texas, this episode is a must-listen discussion on the future of indigent defense reform and what other counties can learn from Harris County’s model. If you practice criminal law, serve on appointment lists, or are interested in public defense reform, this conversation provides practical insight into how systems change happens. Learn more about the Harris County MAC office at: https://mac.harriscountytx.gov 00:00 Introduction 03:00 What is Managed Assigned Counsel? 08:00 How attorneys qualify for the MAC list 14:00 Training requirements for appointed counsel 19:00 Holistic defense explained 23:00 Immigration support & Padilla implications 29:00 Pay structure for appointed attorneys 37:00 Recidivism and dismissal statistics 44:00 The future of indigent defense in Texas

    53 min

  4. Jan 15

    A Funny Thing Happened on the Way to the Protest

    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”

    50 min

  5. 12/15/2025

    7th Annual Holiday Special

    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

    43 min

  6. 12/01/2025

    Training Prosecutors the Right Way

    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

    1h 20m

  7. 11/14/2025

    She's Habitual! Courtney Miller is Back!

    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!

    49 min

  8. 10/18/2025

    Having a Good Time? No, We're Having Agg Time.

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

    48 min
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Texas criminal defense attorneys Andrew Herreth and Andrew Decker break down the law, the courts, and what really happens inside the criminal justice system. Whether you're a lawyer, a defendant, or just curious about how Texas criminal defense works, this show gives you practical insight from attorneys who are in the courtroom every day.

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