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.com
Facebook: Andrew & Andrew on Texas Criminal Defense

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