When a new case landed on Brian Foley's desk as a Harris County Felony Chief, the first thing he looked at was not the offense report. It was the name of the defense lawyer. In this video he explains why — and what it means for you.
Prosecutors triage by lawyer
A felony prosecutor in Harris County carries hundreds of open cases. They cannot prepare all of them for trial, so they make a judgment about which ones will actually be tried. A lawyer who pleads every case teaches the office that the offer does not need to be good. A lawyer who sets cases for trial — and wins some — teaches the office that a weak case will be exposed in front of a jury.
What changes
- The offer. Reductions, pretrial diversion, and dismissals come faster when the alternative is a trial the State may lose.
- The discovery. Body-camera footage, lab data, and witness statements get produced more completely when the prosecutor expects them to be used in cross-examination.
- The attention. Weaknesses that would be ignored in a plea negotiation — a bad stop, a shaky identification, a missing witness — get evaluated honestly when a trial date is real.
Trial experience from both sides
Brian Foley tried cases as a Felony Chief in the Harris County District Attorney's Office; Luis Baez tried them as a Montgomery County prosecutor. Both served on the Vehicular Crimes Team. They now bring that courtroom experience to the defense table, and the prosecutors across from them know it.
If you want to know how your case would be evaluated by the people prosecuting it, ask the people who used to do the prosecuting. Call or text (713) 703-1718 for a free consultation.