Some decisions in a criminal case belong to the lawyer — which motions to file, which witnesses to call, how to cross-examine. One does not: whether to plead guilty or go to trial. Brian Foley explains why in this video, and what a lawyer owes you before you make that call.
The rule
Under the Texas Disciplinary Rules of Professional Conduct, the decision whether to plead guilty, whether to waive a jury, and whether to testify belongs to the client. A lawyer who pressures a client into a plea — or into a trial — has crossed a line. The lawyer's job is to make sure the decision is informed.
What "informed" means
Before you decide, you should understand, in plain terms:
- The offer — the exact charge, the sentence, whether it is a conviction or deferred adjudication, and whether it can ever be sealed or expunged.
- The exposure — the full punishment range if you lose at trial, and whether the judge or jury would assess punishment.
- The odds — an honest assessment of the State's evidence, the defenses available, and how similar cases have gone in that court.
- The collateral consequences — immigration, professional licenses, firearm rights, driver's license, employment, and family court.
- The timeline and cost of each path.
An honest assessment
A lawyer who has tried cases can tell you what a jury is likely to do with your facts. A lawyer who has prosecuted can tell you how the State sees them. Brian Foley and Luis Baez have done both. They will tell you when an offer is worth taking, when it is not, and when the State's case is weaker than the offer suggests — and then the decision is yours.
Call or text (713) 703-1718 for a free consultation.