Voir dire — the French phrase for jury selection, pronounced "vwar deer" in Harris County — is where most criminal trials are actually won or lost. Brian Foley, who selected juries as a Felony Chief before selecting them for the defense, explains what it is really for in this video.
How it works in Texas
A panel of prospective jurors — typically 30 to 65 people for a misdemeanor or felony — is brought into the courtroom. The judge, then the prosecutor, then the defense lawyer question the panel. Each side can strike an unlimited number of jurors "for cause" (bias, inability to follow the law) and a limited number of jurors peremptorily, for any non-discriminatory reason. The first six or twelve who remain are the jury.
It is not an interrogation
Lawyers who treat voir dire as a quiz — "Do you agree that the burden is on the State?" — get nods and learn nothing. The panel is nervous, unfamiliar with the courtroom, and inclined to say what the lawyer wants to hear. The lawyer who instead talks to jurors like people, asks open questions, and actually listens to the answers finds out who has a relative in law enforcement, who was the victim of a similar crime, who thinks "where there's smoke there's fire," and who is willing to hold the State to proof beyond a reasonable doubt.
Trust is the real goal
Jurors decide early whom they believe. A defense lawyer who is candid about the weaknesses of the human condition — that people misremember, that officers make mistakes, that being arrested is not evidence — earns credibility that carries through the trial. When that lawyer stands up for closing argument, the jury already trusts them.
Brian Foley and Luis Baez have selected juries from both sides of the courtroom. If your case may go to trial, that experience matters. Call or text (713) 703-1718 for a free consultation.