Andrew & Andrew on Texas Criminal Defense

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 statement and posted it on lawyers4theruleoflaw.comWe 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 and you will be joining attorneys from all points on the political spectrum. This small act of solidarity sends a message the rule of law in this country must be respected. Support the Constitution, honor your oaths, sign the statement.

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 yourself here. Would you like to contact Ian for more information? Do so here

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 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 squared away. Mundial Law

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.

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The Andrews sit down with Lance Evans, Dean of the Tim Evans Trial College. Named after his father, legendary trial lawyer Tim Evans, the Trial College is a week long trial skills workshop that is a must attend event for lawyers of all skill level. Lance, a fantastic trial lawyer in his own right, talks to us about the week long CLE and how he finds it helps lawyers. Sign up here

The Andrews discuss the different, important age related issues in criminal law in Texas.

The Innocence Project of Texas (which is a separate entity from the Innocence Project based in New York), was founded in 2006 by defenders Mike Ware and Jeff Blackburn. Since that time, IPTX has grown to be one of the leading innocence organizations in the country having exonerated or freed 35 people. The Andrews talk with IPTX staff attorney Caitlin Gilbert; someone who has long been devoted to fighting for the wrongfully convicted. This highly successful office runs like a well oiled machine with staff attorneys evaluating over 1,000 cases per year. Click here to contact the IPTX offices.

The Andrews interview Julie Balovich and Shane O'Neal who just pulled off a huge win in Alpine, TX. Convicted of murder, their client was initially sentenced to 37 years in prison before Julie signed on and filed a Motion for New Trial. Many defenders will know how difficult it is to get a hearing set on this motion let alone having it granted by the trial court. Thats exactly what Julie did. Not satisfied with a half victory, Julie continued fighting for her client and brought on Shane O'Neal to help try the case. Listen in for their story along with pro tips on dealing with injustice in your own backyard.

The Andrews discuss one of the newest penal code sections in todays episode and its a bit od a doozy. Chapter 76 of the Penal Code is where you'll find the new Terrorism statute. This ain't your grandpa's terroristic threat charge either; this is all new and is being filed in Texas (we know from personal experience). So put on your thinking caps and your defender's pants and settle in for some learnin'.

The Andrews have a fascinating conversation with Sesenu Woldemariam from the Bexar County MAC. He walks us through a more in depth analysis of juvenile law, what to look out for when handling a juvenile case, and some tricks of the trade he has picked up throughout his career. Sesenu is probably the smartest guest we've had on the show as he has two degrees from Yale University. This is a great interview that is sure to give you all tons of great information. If you have questions about juvenile law, contact him here.

The Andrews take a deeper dive into Padilla, removal proceedings, bars to naturalization and, most importantly, what you Defenders can do to assist your clients going through possibly one of the scariest moments of their lives. Justin Tullius is an attorney with the Managed Assigned Counsel office of Bexar County, Texas. This man knows what he's talking about as he's been in the immigration law field since being licensed in 2007. Listen in as he shares with you some of the work-arounds contained within the immigration laws. Justin loves the Texas Tornados, hence the title of this episode coming from one of their albums.He recommends you read Bad Mexicans: Race, Empire and Revolution in the Borderlands by Kelly Lytle Hernandez.

The Andrews have a conversation with Anne Burnham on todays episode. Anne is an Assistant Public Defender with the Harris County Public Defender's Office in the appellate division. She talks with us today about relationships with our clients and our duties towards them. Click here for templates Anne discussedClick here for the Texas Rules of Professional ConductClick here for the Man in the Arena speechClick here for TechBytesClick here for JusticeText

The Andrews have a conversation with Anne Burnham on todays episode. Anne is an Assistant Public Defender with the Harris County Public Defender's Office in the appellate division. She talks with us today about relationships with our clients and our duties towards them. Click here for templates Anne discussedClick here for the Texas Rules of Professional ConductClick here for the Man in the Arena speechClick here for TechBytesClick here for JusticeText

The Andrews have faces made for audio-only podcasts. We are not models. The ABA, though, loves their models; namely the Model Rules of Professional Conduct. Today we discuss a new opinion just handed down regarding case or fact pattern discussion and disclosure on listservs. You can find Formal Opinion 511 here.

The Andrews review jury selection again and how you can be prepared when the State or Judge push against your voir dire. Click here for Fuller and SanchezLook out online for our new podcast videos

The Andrews have a conversation with Justin Crane on today's episode. Justin is one of Herreth's former clients who has taken everything he's learned from his experiences in the criminal justice system and totally changed his life. Listen in as he talks about those changes, his experience as a Defendant, and how he can help you transform whats holding you back in your life. Herreth is now a current client of Justin's and seeing wonderful results. Contact and follow Justin through his instagram account here.

The Andrews discuss the growing affect social media has on our jury trials. Its mostly not great for defenders. Listen in to hear about the latest ridiculous-ness that maybe you've experienced as well.

The Andrews discuss the new laws regarding fentanyl possession and/or distribution with Courtney Miller. Courtney has been busy lately and will be back on the show to discuss more success she's had in trial. Today, though, Courtney discusses her work defending those accused of possessing or selling the new drug thats everywhere in the news these days. Fentanyl is indeed a scary substance to be around and that is no different for our clients and defenders. Contact Courtney Miller by email here or by phone here. Courtney's favorite band is Pearl Jame.Courtney's favorite book is The Ghost Map by Steven Johnson.Courtney's best piece of advice is “Can't Never Could Until You Tried”

The Andrews promise this is not a filler episode….even though it may sound like it. Ever wonder what to do when you're not getting the deal you want? Are you being yelled at from all sides on your case? We have the solution for you! Just set that headache for trial. You never know what will shake out as you approach the big day: a prosecutor may realize they don't have as good a case as they thought, your client may realize what is really at stake and finally listen to you, or the jury/judge will be the final arbiters on the issues. This is why we have jury trials, to decide what is what when the parties can't. Have no fear! The outcome of a trial is not a reflection of who you are as a person or as an attorney! Just set that stuff for trial!

The Andrews talk about something we Defenders deal with almost daily: the dreaded probation revocation. Listen in as we go over the basics of probation violations and some general things to remember when defending your first or next one.

The Andrews talk with up-and-coming trial attorney, James Martin, about how no matter how much you prep a trial, something will always come up you just cant prep for. Even though he's one of the younger attorneys we've interviewed, his war stories today will shed some light on the profound skill he possesses. Listen in as he discusses a wacky case where his client began with 7 felonies and ended up on deferred after 3 not guilty verdicts. Pay particular attention to the Motion to Quash on Double Jeopardy grounds; this is surely to be something we Defenders need to have in our quiver and use as appopriate. Contact James Martin at 682-703-0658 or click here.

The Andrews host Professor Stephanie Stevens from St. Mary's University School of Law. Professor Stevens is a Clinical Professor of Law and Director of the Summer Skills Enhancement Program at the School of Law. She will highlight for us the benefits of experiential learning in law schools. We learn all about what students in her clinic are learning and how that particular education is different than in regular classrooms. Her students are well served by her decades on the front lines defending those who need it most. Listen in as we take you back to school!To contact Professor stevens, please visit the School of Law's website.

The Andrews discuss a fan question on this episode. Sometimes it can be hard to determine if your client should elect the judge or jury to assess punishment. We cover some things to consider on this episode. Keep those fan questions coming! we love to share our combined decades of trial experience with you all. Send us your Ideas here

The Andrews are here to wish you Happy Holidays! Please take some time this season to be grateful for those around you; we promise it'll make you a better servant to your clients and staff.

Enhancing a State Jail felony can be confusing, as you'll hear in today's episode. It also doesn't help that the hosts are complete idiots. Please, if you know these like the back of your hand, reach out to us so we can get all this straightened out.

The Andrews discuss those cases where contractors get in trouble. Listen in as we explain misapplication of trust fund cases and what you can do to help your clients out.

The Andrews have discussed THC before, from the growing and sale of it to its testing. This time, though, we talk about issues with cases as their going through the court system. Listen is and grab some gems from our experiences with these cases!

The Andrews discuss the troubling dynamics when an estranged family member returns and creates chaos in families. This may be a less substantive podcast in terms of caselaw or code sections but still contains som good nuggets for you defenders out there.

If there is one word to describe Porscha Brown, its advocate. She is a felony deputy-chief in the Harris County Public Defender's Office overseeing eight other attorneys. She has a full docket that includes murder, sex assault and aggravated offenses. This would be almost too much work for any other attorney to handle but not Porscha: she also is on the board for the Managed Assigned Counsel in Harris County and is heavily involved in LGBTQ advocacy. The Andrews are honored and humbled to have such a passionate defender on the show. To contact Porscha, click here.

Defenders across the State have been winning some very important cases lately. The Andrews discuss some of those wins and how they potentially change the Criminal Justice System as a whole. Great work Defenders!

Lawyers have it tough. Society and Pop Culture like to portray us as impenetrable fortresses but thats far from the truth. We have a terribly tough job (even though it can be immensely rewarding). If you are struggling at this moment, please seek help. The National Suicide and Crisis lifeline can be reached at 988. Texas Lawyers' Assistance Program, or TLAP, is here to help. Join us as we discuss how TLAP can help with what stresses you with Michelle Fontenot, Director of TLAP. Want free CLE and at the same time become a better friend/colleague? of course you do. This is the course that Michelle mentions in the interview. Contact TLAP at 1-800-343-8527 (call or text). tlaphelps.org

The Andrews sit down today and speak with Jake Greenberg. Jake, at one time, represented Defendants who were already incarcerated. Many Defenders don't know what happens to their clients after they plea. Often, those Defendants in prison go on to commit offenses while incarcerated. Its important to note that Texas aggressively prosecutes these cases. If any of our listeners have dealt with the Special Prosecution Unit, they know they can be some of the most difficult prosecutors to deal with but as we'll learn in this episode, thats pretty much because its codified in the Codes. Jake did the Lord's work in the Counsel for Offenders Office. Listen in as he gives us his insights and he'll share some law for you. You can contact Jake on TikTok: @BetterTakeJake or by email at bettertakejake@gmail.com

The Andrews discuss DWI investigations and defense with Lisa Martin from TexasDWIExpert.com. She is renowned across the state as an expert in the investigation of DWIs and administration of the SFSTs. Lisa is a former police officer who spent her career enforcing DWI laws; now she is still helping police officers become better by consistently pointing out where they're wrong in their cases. Listen in as she explains what you need to be looking for in your cases and how she can help you get the best deal for your client.

The Andrews are extremely blessed to speak with a nationally renowned trial lawyer. Leon Haley, Jr. has been practicing for 40 years in the Tarrant County (Fort Worth) area. Listen in as he discusses his approach to trial strategy, finding your story, and how to pick a jury. This episode is chock full of great information every one of us can incoporate into our trial practices. Contact Leon by calling 817-923-3209

The Andrews discuss the Sex Offender Registry and some of the collateral consequences of registration (or failure to do so). If you're playing along at home, the registration requirements are located in CCP Section 62.

Its just the Andrews on this episode discussing what we've learned when taking on new clients or how to discuss cases during the initial consultation. Listen in and let us know what your tips are on any of our socials or through our website texascrimdefense.com

The Andrews have the high privilege of speaking with two of the best trial lawyers in the State on this episode. Veronica Veyhl and Phillip Hall walk us through a quick primer on what psychodrama is and why you should use it on every trial case you have. Also, we'll discuss the many different trial training schools available across the country. Links below will direct you to the schools these great attorneys attended and how to contact them should you have questions, need representation, and/or need a mitigation expert. Veronica Veyhl Phillip HallTrial Lawyers College

The Andrews discuss how great deals for your clients can sometimes come back to haunt them in the future. Decker has a case where a client got a fantastic deal in the past but because of Tanner v. State, 335 S.W.3d 784 (Tex. App. 2011), that fantastic deal is being used to turn an otherwise misdemeanor case to a 25-to-life habitual felony. Listen in as we discuss this case and its ramifications. Defenders out there should remember this case and advise your clients accordingly.

The Andrews discuss a sensitive topic in today's episode. Gun laws are rapidly changing the legal landscape, let alone everyday life in this country. We try to keep our personal opinions out of this and just report the facts but we're also human (regardless of what prosecutors say) and feel deeply for the health and safety of our families and clients. With all the changes, one law in particular is in the “crosshairs” of the appeals courts: the bond conditions restricting access to firearms on assault family violence cases. Also, Unlawful Carrying of a Weapon has seen significant changes from its previous form. All good information for you Defenders out there to know.

After taking an episode off, the Andrews are back for another show filled with great information for our defenders. Today we discuss Openings and Closings and how you should be developing the theory and theme of your case. Listen in to some great pointers from Decker and, as always, feel free to contact us with topic/guest ideas.

The Andrews brave the winter storm by discussing the parole considerations of 3(g), which is now 42A.054. This can be tricky for defenders to advise their clients about, so please pay attention and adjust your advice accordingly (if needed).