Andrew & Andrew on Texas Criminal Defense

Andrew Herreth & Andrew Decker · texascrimdefense.com

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.

155 episodes

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Episodes 155

Who Decides at Trial? 5 Choices Only a Texas Criminal Defendant Can Make
15d ago · 55:48
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 Decker break down the line between client autonomy and attorney trial strategy. They discuss who decides whether to plead guilty, whether to accept a plea bargain, whether to waive a jury, whether the defe
Entrapment Defense at Trial: How a Louisiana Lawyer Won a Not-Guilty Verdict in an Online Solicitation Case
29d ago · 56:20
A Louisiana criminal defense lawyer explains how he used entrapment, aggressive cross-examination, jury selection, and police messages to win a not-guilty verdict in an online solicitation case.
Texas Criminal Defenses Explained: Self-Defense, Necessity, Entrapment & Statutory Defenses (Part 2)
1mo ago · 1:05:38
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, necessity, self-defense, defense of others, defense of property, and deadly force under Texas law. Along the way, we share practical courtroom experiences and discuss how these defenses actually work befo
Texas Statutory Defenses Explained: Jury Charges, Self-Defense & Trial Strategy Every Criminal Defense Lawyer Should Know
1mo ago · 49:22
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 Procedure. Drawing from Decker's CLE paper on statutory defenses, the Andrews explain the critical differences between: Exceptions to prosecution Defenses to prosecution Affirmative defenses They discuss how each
State v. Barber and the Limits of Warrantless DWI Arrests in Texas
2mo ago · 44:28
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
Examining Trials in Texas: Strategy, Pressure, and Practical Use
3mo ago · 43:00
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 examin
How Harris County’s Managed Assigned Counsel (MAC) Office Is Changing Indigent Defense in Texas
6mo ago · 52:54
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 att
A Funny Thing Happened On The Way To The Protest
7mo ago · 49:56
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”
7th Annual Holiday Special: Mental Health, Addiction, and Burnout in Criminal Defense
8mo ago · 43:28
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
Training Prosecutors the Right Way
9mo ago · 1:19:53
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
She's Habitual! Courtney Miller is Back!
9mo ago · 48:58
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!
Having A Good Time? No, We're Having Agg Time.
10mo ago · 47:57
42A.054 is confusing, especially when you throw the Government Code in the mix.
It Doesn't Have to Be Testimonial To Be Damning
11mo ago · 49:35
The Andrews discuss what constitutes testimonial evidence. In doing so, we look at the Crawford Analysis and the Davis Rule.
Objections and other things we lose in trial....
11mo ago · 46:01
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.
2025 Legislative Update
11mo ago · 42:27
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.
The Andrew & Andrew Effect
1y ago · 48:33
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.
I Have Rights
1y ago · 48:51
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.
4 the Rule of Law
1y ago · 57:08
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 statement and posted it on lawyers4theruleoflaw.com We are encouraging everyone to visit the site, read the statement and attach your name to it. Its important to note that this is not a political statement
Justice Don't Come Cheap
1y ago · 1:06:48
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.
You Need a License for That
1y ago · 52:04
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 yourself here. Would you like to contact Ian for more information? Do so here
Huffin' on 39.14
1y ago · 57:27
A new bill has been introduced in Texas which waters down 39.14. Contact your local rep to voice your displeasure.
You've Been Disqualified
1y ago · 45:14
The Andrews discuss getting a DA’s office disqualified and everything that comes with it.
Oh, Canada
1y ago · 52:50
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 are a forgiving bunch. If you do have a conviction, there are a few different avenues available to you. Best advice is to just give Maggie a call when you want to travel and her team will get you squar
Ifs and Buts, Candy and Nuts...
1y ago · 55:36
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.
6th Annual Holiday Special
1y ago · 45:48
Register for Mindful Monday here

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716 episodes · 8d ago

Andrew & Andrew on Texas Criminal Defense

Episodes 155

Who Decides at Trial? 5 Choices Only a Texas Criminal Defendant Can Make

Entrapment Defense at Trial: How a Louisiana Lawyer Won a Not-Guilty Verdict in an Online Solicitation Case

Texas Criminal Defenses Explained: Self-Defense, Necessity, Entrapment & Statutory Defenses (Part 2)

Texas Statutory Defenses Explained: Jury Charges, Self-Defense & Trial Strategy Every Criminal Defense Lawyer Should Know

State v. Barber and the Limits of Warrantless DWI Arrests in Texas

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

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

A Funny Thing Happened On The Way To The Protest

7th Annual Holiday Special: Mental Health, Addiction, and Burnout in Criminal Defense

Training Prosecutors the Right Way

She's Habitual! Courtney Miller is Back!

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

It Doesn't Have to Be Testimonial To Be Damning

Objections and other things we lose in trial....

2025 Legislative Update

The Andrew & Andrew Effect

I Have Rights

4 the Rule of Law

Justice Don't Come Cheap

You Need a License for That

Huffin' on 39.14

You've Been Disqualified

Oh, Canada

Ifs and Buts, Candy and Nuts...

6th Annual Holiday Special

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Episodes 155

Who Decides at Trial? 5 Choices Only a Texas Criminal Defendant Can Make

Entrapment Defense at Trial: How a Louisiana Lawyer Won a Not-Guilty Verdict in an Online Solicitation Case

Texas Criminal Defenses Explained: Self-Defense, Necessity, Entrapment & Statutory Defenses (Part 2)

Texas Statutory Defenses Explained: Jury Charges, Self-Defense & Trial Strategy Every Criminal Defense Lawyer Should Know

State v. Barber and the Limits of Warrantless DWI Arrests in Texas

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

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

A Funny Thing Happened On The Way To The Protest

7th Annual Holiday Special: Mental Health, Addiction, and Burnout in Criminal Defense

Training Prosecutors the Right Way

She's Habitual! Courtney Miller is Back!

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

It Doesn't Have to Be Testimonial To Be Damning

Objections and other things we lose in trial....

2025 Legislative Update

The Andrew & Andrew Effect

I Have Rights

4 the Rule of Law

Justice Don't Come Cheap

You Need a License for That

Huffin' on 39.14

You've Been Disqualified

Oh, Canada

Ifs and Buts, Candy and Nuts...

6th Annual Holiday Special