Meet Criminal Defense Attorney Andrew Herreth: From Texas Prosecutor to Defense Lawyer | Texas Criminal Defense Podcast Ep. 1
Meet Andrew Herreth: The Story Behind the Texas Criminal Defense Podcast
Every lawyer has a story.
Long before jury trials, late-night trial preparation, cross-examinations, and closing arguments, there was usually one defining moment that pointed them toward the law.
For some attorneys, it happens during college.
For others, it's a family member who practiced law.
Sometimes it's a particular case that inspires a future career.
For Andrew Herreth, it began much earlier—with public speaking, leadership, and a simple conversation with his father.
In this inaugural episode of the Texas Criminal Defense Podcast, co-host Andrew Decker interviews Andrew Herreth about the path that eventually led him from suburban Houston to Massachusetts, back to Texas, through a prosecutor's office, into corporate litigation, and finally into private criminal defense practice.
While future episodes of the podcast focus on criminal law, trial strategy, and constitutional issues, this first episode introduces listeners to the person behind the microphone.
It's a conversation about career decisions, professional growth, entrepreneurship, and why criminal defense remains one of the most meaningful areas of legal practice.
Growing Up in Texas
Andrew Herreth was raised in Missouri City, Texas, just southwest of Houston.
After graduating from high school, he attended Texas A&M University, earning his undergraduate degree before making an unexpected decision that would shape the next chapter of his life.
Rather than remaining in Texas for law school, he chose to attend law school in Massachusetts.
That decision wasn't driven by rankings or prestige.
Instead, it came from curiosity.
Growing up, Andrew had spent very little time outside Texas.
He wanted to experience another part of the country before beginning his legal career.
His thinking was straightforward:
Law school would last only three years.
If he enjoyed living elsewhere, great.
If not, Texas would always be home.
As it turned out, the experience confirmed something he already suspected.
Texas was exactly where he wanted to build his career.
Discovering Criminal Law
Many attorneys enter law school believing they already know exactly what type of law they'll practice.
Reality often has different plans.
Andrew entered law school without knowing he would ultimately become a criminal lawyer.
That changed during an internship with the Harris County District Attorney's Office.
Like many future prosecutors, he discovered that criminal law offered something few other legal fields could match:
People.
Stories.
Courtroom advocacy.
Immediate responsibility.
Unlike many civil practice areas, criminal law places attorneys in court almost immediately.
Every case involves real people facing life-changing consequences.
That combination proved impossible to ignore.
By the time law school ended, Andrew believed he had found his calling.
He intended to become a career prosecutor.
The 2008 Recession Changed Everything
Unfortunately, graduation coincided with one of the worst job markets in recent history.
The financial crisis dramatically affected government hiring.
Positions that might normally have been available simply disappeared.
Eventually, Andrew secured a position with the Fort Bend County District Attorney's Office, where he spent approximately three and a half years prosecuting criminal cases.
It proved to be an ideal training ground.
For young trial lawyers, few experiences accelerate courtroom development faster than handling a steady stream of criminal cases.
Every hearing provides another opportunity to improve.
Every trial teaches another lesson.
Every witness presents another challenge.
That constant repetition builds courtroom confidence impossible to obtain elsewhere.
Learning to Try Cases
During his time in Fort Bend County, Andrew handled primarily misdemeanor prosecutions but sought every opportunity to try felony cases whenever possible.
Rather than avoiding difficult assignments, he actively looked for additional courtroom experience.
By his estimate, he participated in roughly 70 jury trials during his three-and-a-half years as a prosecutor.
Most involved misdemeanor offenses such as:
Driving While Intoxicated (DWI)
Theft
Drug possession
Assault cases
He also handled felony matters, juvenile cases, probation revocations, and family violence prosecutions.
That trial experience became one of the defining features of his legal career.
Many attorneys spend years practicing without seeing the inside of a courtroom.
By comparison, prosecutors often develop extensive trial experience very early.
Andrew credits those years with providing the courtroom foundation that continues to influence his criminal defense practice today.
Why He Became a Lawyer
One of the most interesting moments in the interview has nothing to do with criminal law.
Instead, it goes back to middle school.
Growing up, Andrew participated heavily in a Catholic youth leadership organization associated with the Knights of Columbus.
Those leadership positions required frequent public speaking.
As a young teenager, he discovered he genuinely enjoyed speaking before audiences.
Eventually he asked his father an important question:
How can I do this for a living?
His father's answer was remarkably simple.
"Be a lawyer."
That advice permanently changed the direction of his life.
From that point forward, Andrew knew he wanted to become an attorney—even though he had no idea what type of law he would eventually practice.
The Influence of Family
Throughout the interview, Andrew repeatedly credits his father for developing the skills that would later become essential in the courtroom.
Public speaking.
Speech writing.
Voice control.
Presentation.
Those lessons began long before law school.
Long before opening statements.
Long before closing arguments.
They started at home.
It's an important reminder that many courtroom skills develop years before lawyers ever enter a courtroom.
Communication is learned through repetition.
Confidence develops through experience.
The ability to connect with people rarely appears overnight.
Instead, it grows through countless conversations, presentations, successes, and failures over many years.
Leaving the District Attorney's Office
Eventually, Andrew reached a crossroads familiar to many prosecutors.
At some point, nearly every government attorney asks the same question:
Do I stay and make this my career?
Or do I gain experience somewhere else?
For Andrew, the answer was the latter.
After roughly three and a half years, he decided it was time to broaden his experience.
That decision wasn't driven by dissatisfaction with prosecution.
Quite the opposite.
He speaks highly of the Fort Bend County District Attorney's Office and the lawyers who mentored him there.
Instead, he believed experiencing another area of law would ultimately make him a better attorney.
He also recognized the practical realities of supporting a family and pursuing long-term professional growth.
Those considerations led him into an entirely different legal world.
From Criminal Court to Corporate Litigation
Leaving criminal law meant entering an environment that looked completely different.
Andrew accepted a position handling corporate civil litigation for a large company.
Instead of jury trials and criminal hearings, the practice became heavily focused on motions, briefs, and civil procedure.
The work required a different skill set.
Research became more extensive.
Written advocacy became more frequent.
Motion practice became central to daily work.
Although he ultimately concluded civil litigation was not the career he wanted, Andrew emphasizes how valuable those two years became.
The experience fundamentally strengthened his legal writing.
Today, he believes his criminal defense motions and appellate-style briefing are significantly stronger because of the techniques he learned in civil practice.
Sometimes the most valuable career experiences come from jobs we eventually decide not to keep.
Money Versus Liberty
One observation from this portion of the interview stands out.
Andrew notes that, in his experience, civil litigation often felt more combative than criminal litigation.
That surprised him.
Intuitively, one might expect cases involving liberty to generate the greatest conflict.
Instead, he observed that disputes over money frequently produced more adversarial behavior than criminal prosecutions involving a person's freedom.
It's a striking perspective.
Whether listeners agree or disagree, it reflects the kind of practical insight that only comes from practicing in multiple areas of law.
Experiencing both civil litigation and criminal prosecution gave Andrew a unique vantage point.
Rather than seeing the legal profession through only one lens, he experienced two very different courtroom cultures.
That broader perspective continues to influence how he approaches criminal defense today.
Missing Criminal Law
Despite the valuable experience, something was missing.
Stories.
Courtroom advocacy.
Working directly with people.
The daily rhythm of criminal court.
Andrew explains that he missed the collegial nature of criminal practice.
While outsiders often imagine criminal court as constant conflict, experienced attorneys know something different.
Most prosecutors and defense lawyers work together repeatedly over many years.
Professional relationships matter.
Mutual respect matters.
Even when disagreeing about a case, attorneys often maintain strong professional relationships.
That environment appealed to him far more than corporate litigation.
Eventually, it became clear.
He wanted to return to criminal law—not as a prosecutor, but as a defense attorney.
Building Something of His Own
Returning to criminal law also presented another opportunity.
Entrepreneurship.
Instead of joining another firm, Andrew decided to build one himself.
Owning a law practice requires skills that law school rarely teaches.
Finding office space.
Hiring staff.
Marketing.
Managing finances.
Developing systems.
Building a website.
Understanding advertising regulations.
Serving clients while simultaneously operating a business.
Those responsibilities can be overwhelming for new solo practitioners.
Yet they also provide complete independence.
Every business decision becomes your own.
Every success—and every mistake—belongs to you.
For Andrew, that challenge became part of the appeal.
Building a criminal defense practice wasn't simply about trying cases.
It was about creating something lasting.
Something built according to his own values and vision.
Opening a Law Practice in Parker County
Starting a solo law practice is equal parts exciting and intimidating.
When Andrew decided to leave the corporate world and return to criminal law, he also decided to build something entirely his own.
That meant opening Herreth Law.
Initially, his office was located in Fort Worth, with a smaller satellite office in Weatherford.
Interestingly, that arrangement quickly reversed itself.
Within the first year, Weatherford became the primary office while Fort Worth became the satellite location.
That change wasn't accidental.
Andrew explains that he fell in love with the legal community in Parker County.
For lawyers, where you practice matters.
Every courthouse develops its own culture.
Every county has its own personalities.
Every judge has different courtroom expectations.
Knowing those local customs can make an enormous difference in representing clients effectively.
Rather than simply practicing law somewhere, Andrew wanted to become part of a legal community.
That sense of community continues to shape his practice today.
Why Smaller Communities Appeal to Trial Lawyers
Many attorneys assume success means practicing exclusively in the largest metropolitan areas.
The reality is often more nuanced.
Smaller counties frequently provide opportunities to build stronger professional relationships with judges, prosecutors, court staff, and fellow defense attorneys.
Andrew explains that Weatherford offered exactly that type of environment.
Instead of feeling like one attorney among thousands, he became part of a close-knit legal community where professional reputation carries tremendous value.
That doesn't mean the work is easier.
In fact, smaller counties often require attorneys to travel extensively because there simply aren't enough criminal cases in one jurisdiction to support a highly specialized practice.
As a result, Andrew's work expanded into surrounding counties including:
Parker County
Tarrant County
Palo Pinto County
Wise County
Hood County
Johnson County
Like many solo practitioners, he goes where clients need representation.
That flexibility is one of the defining characteristics of small-firm criminal defense practice.
Wearing Two Hats: Lawyer and Business Owner
Law school teaches future attorneys how to read cases.
It teaches legal writing.
It teaches constitutional law.
It teaches evidence.
What it generally does not teach is how to run a business.
Andrew speaks candidly about the challenges of becoming both a lawyer and an entrepreneur.
Running a law firm requires decisions about:
office space;
staffing;
technology;
bookkeeping;
website design;
marketing;
advertising compliance;
budgeting;
client communication;
long-term business planning.
Every one of those decisions affects the quality of client representation.
Many young lawyers underestimate how much time they'll spend managing a business rather than practicing law.
Owning a firm means doing both.
For Andrew, that challenge became one of the most rewarding parts of returning to criminal defense.
Marketing Lawyers Is Different
One particularly interesting portion of the interview concerns attorney advertising.
Unlike most businesses, lawyers operate under extensive ethical rules governing how they market their services.
Andrew and Andrew discuss how even seemingly minor details—such as photographs used on a website—can draw scrutiny from state bar regulators.
The broader point is significant.
Attorneys surrender a degree of marketing freedom in exchange for the privilege of practicing law.
Every advertisement.
Every website.
Every social media profile.
Every television commercial.
Every podcast.
All must comply with professional responsibility rules.
For lawyers thinking about opening their own firms, marketing isn't simply about attracting clients.
It's about doing so ethically.
If He Weren't a Lawyer...
Every interview needs at least one fun question.
Andrew Decker asks Andrew what he would do if he weren't practicing law.
The answer surprises no one who knows him today.
He'd probably become a writer.
More specifically, he'd like to write while traveling the country in an RV with his wife.
The appeal isn't simply writing.
It's the freedom to explore new places while continuing to create meaningful work.
That answer reflects something listeners hear repeatedly throughout the interview.
Curiosity.
Whether attending law school outside Texas, exploring different legal careers, or dreaming about writing books from the road, Andrew consistently demonstrates a willingness to pursue new experiences.
That curiosity ultimately made him a better lawyer.
It also explains why the podcast exists.
The best lawyers never stop learning.
Criminal Law Is About Stories
One of the reasons Andrew says he returned to criminal law is simple:
Stories.
Every criminal case tells one.
Some are tragic.
Some are frustrating.
Some are unbelievable.
Many are all three.
Unlike transactional practice, criminal defense places attorneys in the middle of intensely personal moments in people's lives.
Every client has a background.
Every witness has motivations.
Every police investigation has a narrative.
Every jury trial ultimately asks twelve citizens to determine which version of the story deserves belief.
For lawyers who enjoy people, courtroom advocacy, and storytelling, criminal law offers something few practice areas can match.
The Waterburger Story
Naturally, the interview eventually shifts toward memorable cases.
Andrew shares a classic Texas DWI story.
A driver.
Two o'clock in the morning.
A Waterburger drive-through.
Anyone who has practiced criminal law for very long knows that late-night fast-food restaurants frequently become the setting for unusual arrests.
He also describes defending a possession case where the central argument was one every criminal lawyer has heard countless times:
"Those weren't my shorts."
While attorneys often joke about recurring defenses, Andrew explains that this particular case actually required presenting that argument to a jury.
Moments like these highlight one of criminal law's enduring truths:
Reality is frequently stranger than fiction.
Advice That Changed His Career
Perhaps the most valuable portion of the interview concerns professional advice.
Andrew recalls mentors from his internship at the Harris County District Attorney's Office who repeatedly emphasized one principle:
Never waive opening statement.
That advice has remained with him throughout his career.
Whether serving as a prosecutor or a criminal defense attorney, he believes opening statements provide the first opportunity to explain the case to jurors.
They establish expectations.
They frame the evidence.
They give jurors a roadmap for what they're about to hear.
Most importantly, they allow lawyers to begin building credibility immediately.
Andrew even expands the lesson beyond the courtroom.
He views opening statements as a broader life principle.
Don't miss opportunities to introduce yourself.
Don't assume people already understand your goals.
Don't "waive opening" in relationships, business, or professional networking.
First impressions matter.
Advice for Future Lawyers
Toward the end of the interview, Andrew offers thoughtful advice for students considering law school.
His first recommendation is practical:
Know why you're going.
Too many students attend law school simply because it seems like the next logical step.
Unfortunately, legal education is expensive.
Student loans can shape financial decisions for decades.
Andrew encourages prospective law students to define their goals before committing to three years of legal education.
He also encourages patience.
Not everyone needs to attend law school immediately after college.
Taking time to mature, gain work experience, save money, or simply better understand one's interests may ultimately lead to better career decisions.
Perhaps the most encouraging aspect of his advice is the acknowledgment that interests evolve.
Andrew entered law school expecting to practice real estate law.
Instead, he discovered criminal law.
Many attorneys experience similar changes.
Law school opens doors.
It rarely dictates exactly which one you'll ultimately choose.
Why This Episode Matters
On the surface, this episode appears to be a simple introduction.
In reality, it establishes many of the themes that continue throughout the Texas Criminal Defense Podcast.
Curiosity.
Professional growth.
Trial advocacy.
Public service.
Entrepreneurship.
Lifelong learning.
Respect for the legal profession.
Rather than beginning with statutes or appellate opinions, the podcast begins with people.
That's fitting.
Criminal defense has always been about people.
Clients.
Victims.
Jurors.
Lawyers.
Judges.
Families.
Communities.
Understanding those people ultimately makes attorneys more effective advocates.
Conclusion
Every successful lawyer's career follows a unique path.
For Andrew Herreth, that path included Texas A&M, law school in Massachusetts, prosecution in Fort Bend County, corporate litigation, entrepreneurship, and ultimately criminal defense.
Each stage contributed something valuable.
The courtroom confidence developed as a prosecutor.
The writing skills strengthened through civil litigation.
The business lessons learned while building a solo practice.
Together, those experiences shaped the lawyer listeners hear throughout the Texas Criminal Defense Podcast.
This episode serves as more than an introduction.
It provides context.
Future discussions about trial strategy, constitutional law, ethics, jury selection, and criminal procedure become more meaningful once listeners understand the experiences that shaped the perspectives behind the microphone.
For aspiring lawyers, it's also an encouraging reminder that careers rarely unfold exactly as planned.
The unexpected detours often become the experiences that matter most.
Key Takeaways
Andrew Herreth discovered his passion for public speaking long before attending law school.
An internship with the Harris County District Attorney's Office sparked his interest in criminal law.
Approximately 70 jury trials as a prosecutor provided the courtroom experience that continues to influence his defense practice.
Experience in corporate civil litigation strengthened his legal writing and motion practice.
Building a solo practice requires mastering both law and business.
Criminal defense is fundamentally about helping people during some of the most difficult moments of their lives.
One of the most valuable pieces of trial advice is simple: Never waive opening statement.
Prospective law students should clearly define their career goals before committing to law school because interests, opportunities, and financial realities all shape a legal career.
Andrew Decker 0:07
Hello, I'm Andrew Decker, and this is Andrew and Andrew on Texas Criminal Defense. This is episode one. That's what we're calling this episode. Last time was our pilot. We said we're amateurs. We literally thought we were doing the first one twice, but this is episode one, and welcome. And we'll get right to it. Yeah. Good afternoon. I'm Andrew Decker here in the office with Andrew Herreth.
Andrew Herreth 0:34
Afternoon, everybody. We
Andrew Decker 0:35
are putting together a podcast called Texas. Well, Andrew and Andrew on Texas criminal defense, and this is our first episode. We decided to start with something simple, and that is an introduction, an interview with the brainchild of this development, Andrew Herreth. So I'm going to ask him some questions. Some of these he kind of knows. Some of these he does not know are coming, but hopefully it'll be fun and get you to know a little bit about him, and then in our next episode he'll interview me before we actually get into the actual podcast series itself. So let's just start with something simple. Andrew, where did you come from?
Andrew Herreth 1:15
Well, that that is somewhat simple, I guess. Although I'm still nervous, and I don't know why. I was raised in Missouri City, Texas, just southwest of Houston. Went to Texas A&M University, graduated there in 2000, and then went up to Massachusetts for law school.
Andrew Decker 1:35
Why would you want to go to Massachusetts for law school?
Andrew Herreth 1:37
I know, and leave the great state of Texas. Well, thing is, growing up, I never traveled outside the state of Texas, and I always felt like I had lost something in my youth without having that experience, and really wanted to see what life was like somewhere else. I figured it's only three years; it's temporary. If I don't like it, I can come back, and that's exactly what I did. I came screaming back to Texas because I missed it so much.
Andrew Decker 2:03
Well, welcome home.
Andrew Herreth 2:04
Yeah, thanks. It is good to be home. There's no place like Texas. I guarantee that. While I was in law school, I interned in the Harris County DA's office in Houston, and really fell in love with criminal law. Thought I was going to be a career prosecutor. When I graduated in 2008 there was a big what recession. I don't know if you remember that. It was really hard to get jobs, especially in the government field. Eventually, I did though manage to secure a job as a prosecutor in Fort Bend County, which is my home county, and I stayed there for three and a half years. And
Andrew Decker 2:40
Fort Bend is, as you said, just southwest of Harris County.
Andrew Herreth 2:44
That's right, that's right. I always want
Andrew Decker 2:47
to put Fort Bend out near Big Bend, and it's exactly the opposite in here. It is,
Andrew Herreth 2:53
yeah, on the eastern side of the state, just southwest of Houston, in county seats Richmond, Texas, and they've got a great DA's office over there, and and really a really great bar association. Defense bar is really strong in that county, and I learned a lot during my time there.
Andrew Decker 3:11
Excellent, excellent.
Andrew Herreth 3:12
Yeah.
Andrew Decker 3:14
So, how long were you in the prosecutor's office in Fort Bend?
Andrew Herreth 3:19
I was there for three and a half years, mainly as a misdemeanor prosecutor, although you know as a misdemeanor prosecutor you just covet trials. So I tried to get as many felony trials as possible, and and really just tried to to to learn as much as I could while I was there. I also served in the juvenile division, picked up some assault family violence cases and some, you know, obviously some probation revocations and that sort of experience. Just really anything that I could jump onto, I tried to do. Excellent, excellent. And how many trials do you think you did in those three and a half years? Since you said you actually tried to get stuff to go to trial. In three and a half years, I've looked at my trial report, and it's it's anywhere from I think it's around 70 trials in three and a half years. I think that's right. Now most of those are going to be misdemeanor DWIs, thefts, possession cases. So I've got I think I had about 10 or so felony level cases. Some of those are juvenile, some of those are not. That I handled over my three and a half year career there.
Andrew Decker 4:27
So that's that makes a pretty hefty trial load. That's good.
Andrew Herreth 4:32
Yeah, and I think that's right. I'd have to go back and look at my my trial reports again. But every week, you try to be in trial, some contested hearing, some adverse type setting. That's really where you learn a lot through, you know, as a prosecutor.
Andrew Decker 4:52
Okay, cool. You will find later. I don't have that kind of experience, so good for you. What brought you? To the law, why why law school? Why the law?
Andrew Herreth 5:04
You know, I still ask myself that question. No, I. It's actually something that I've wanted to do since middle school. I was really heavily involved in a church organization. Grew up in the Catholic Church. My father was very involved in the Knights of Columbus, and they have a youth group called the Columbian Squires that I was heavily involved with. I was a state state officer, state chief squire. It's kind of like the president of the organization for the state, and we would travel around and give speeches. You know, public speaking was was a was a big part of these leadership roles, and I asked my dad one day. Said I, I really like doing this. How can I do this for a living when I grow up? And he said, just be a lawyer. And so I was like, okay. So ever since then, that moment, I've always wanted to be an attorney. I didn't know until law school that I wanted to be a prosecutor or in criminal law, but until that moment in middle school, I had it set that I was going to be a lawyer.
Andrew Decker 6:06
Well, way to go, Dad! Good advice.
Andrew Herreth 6:08
That's right. And he taught me everything I knew about, you know, public speaking: how to write a speech, how to how to raise my voice or inflect my tone, and really everything. My dad really taught me a lot about public speaking.
Andrew Decker 6:22
Way to go!
Speaker 1 6:22
Yeah,
Andrew Decker 6:22
way to go, Dad. That's it's always good to have have a positive male role model in a young man's life.
Andrew Herreth 6:29
It's the only thing he ever taught me.
Andrew Decker 6:31
No, yeah, no, I think I know better. So you decide to go to law school. You find that you want to do criminal work, and you prosecute for three and a half years. Why did you leave the prosecutor's office?
Andrew Herreth 6:46
I think it's only natural at some point in time. There comes a time in everybody's career if they're in a DA's office when it's either you know, am I going to buckle down and do this for the long haul, or do I need to go and have some other work experiences, and at that point in time, in the office that I was working in, I felt like I needed some other experience just to become a better lawyer to provide better standard of living for my family, and so I left the office and went to do some civil litigation, some in-house work with a big corporation, and while that was great experience, it's just not what I wanted to do for the rest of my life. So why did I leave the DA's office? I think three and a half years is probably a natural amount of time for for most prosecutors to stay at an office, and then you know if if they make the decision to stay longer, they're probably going to be career prosecutors, and at that point in time in my life, I just I wanted to try something different.
Andrew Decker 7:49
Okay, and then so so you end up doing some civil work in house, corporate civil work. That's right. Which to me sounds well like death.
Andrew Herreth 8:03
Yeah, yeah, it's like nails on a chalkboard, right?
Andrew Decker 8:06
And and did you find it to be, or or did you enjoy it? I don't know. We've never really talked about that.
Andrew Herreth 8:12
It was very litigious. So the office that I was in handled all the legal work for everybody in the for this company in the state of Texas, it was very motions-heavy type practice. Something I didn't really have experience in as a prosecutor, and I am grateful for the experience that I had there. Civil law is very different than criminal law, and I've always have commented on this before, but I find it kind of disheartening that people fight harder and they're more adversarial when you're dealing with money than than when you are dealing with somebody's liberty. It seems to me that individuals care more about money than they do their liberty, and I think that's just a really sad statement on on our society. But that's something I would not have learned if I hadn't had that experience, right? So I've been able to take that experience and transition it over into my criminal practice. I feel like my motions and my briefs are much stronger because I've had that experience. And so it's it's a it was not ideal for the long haul for me, not the right fit for me personally, but I do value the experience that I had and the relationships I had with the other attorneys that I worked with. They were some fantastic attorneys.
Andrew Decker 9:37
And was all that I would assume down in the Houston area?
Andrew Herreth 9:40
It was in Houston, and then my last year, I actually transferred up to their Dallas office, and my wife and I moved up to the North Texas office, which is where we met, you and I. So we moved up to the west side of Fort Worth, and I drove into their Dallas office just about every day.
Andrew Decker 9:57
Okay. Yeah, we end up meeting. In the in the Fort Worth area, in in our story that's yet to come and yet to come. We're still working to get there. So how long did you do the civil work?
Andrew Herreth 10:10
I was there for two years. So one year after I left the DA's office, I was a year in their Houston office, and then I transferred. My last year was in their Dallas office.
Andrew Decker 10:19
And at some point, obviously, you transition to do something else. What what happened?
Andrew Herreth 10:24
Well, actually, I'm sure you can understand this. I really missed criminal law. I love the stories that we get to deal with. We do get great stories. We do. We get some fantastic stories, and I really missed the the collegial setting of a of a criminal courtroom, as as odd as that may sound, I find that we are able to really make a difference in people's lives, and it's not it's not like biting each other's heads off when we're in court with you know attorneys for the state. It could be quite collegial and and very I'm losing the word, but it's a pleasant work environment. So, and I also wanted the challenge of owning my owning my own business. You know, as a solo practitioner, I make all the decisions as far as the the business decisions go in my practice, and I really wanted that challenge, and it has been a big challenge trying to figure out the business side as opposed to the legal side of my of my practice.
Andrew Decker 11:32
Yeah, you end up wearing a lot of hats because you're figuring out how to determine what a case is worth.
Andrew Herreth 11:39
Yep,
Andrew Decker 11:40
if you're going to have an assistant, well, where you're going to have an office,
Andrew Herreth 11:44
yeah, all those expenses, and then you get, you know, there's there's marketing to think about. Who who are you going to hire to set up your website? Are you going to do it yourself? Who are you going to do your own advertising, and what are the rules for that? I mean, there it is a big challenge, that's for sure.
Andrew Decker 12:05
Yeah, I got in not in trouble, but I ended up having to change a picture on my website, for example, because the state bar saw obscure, blurred people in an office, and none of them were me or my staff, and they said you can't do that. Now, so yeah, it becomes a little bit hairy. Just you're like, there's you can't do who they are, but here we here we are, and
Andrew Herreth 12:29
no other business is monitored quite like that. Whenever you're setting up your own, you know, your own website, your own materials to get your name out there, but attorneys really sacrifice a lot of their First Amendment rights, I think, whenever they decide to go out on their own because they are watched pretty, you know, pretty heavily by the state bar.
Andrew Decker 12:51
Right, and and as long as we're all treated fairly and equally, I don't have a lot of problem with that. But it is it does make some some interesting kind of pieces, so you decide to set up your own shop, and you decide to set up shop in Parker County, correct?
Andrew Herreth 13:08
That's right. I opened my office in Parker County. My wife and I were living in Parker County, still do.
Andrew Decker 13:14
And for those of you don't know, Parker County, the county seats Weatherford, Texas. It's one one county west of Fort Worth, so we're as far from Fort Worth as Fort Worth is from Dallas into the rest of the world. You would think that's all one place,
Andrew Herreth 13:28
right? Yeah, and it is. It is not. But we are west of Fort Worth. We love the town of Weatherford. My office is in downtown Weatherford. It's a great community. It's a has treated us very well, and I initially made the decision to open my office in Fort Worth. My first office, actual physical location where I would go in every day, was in Fort Worth, close to the courthouse, and that within my first year flipped to well, and I had a satellite office in Weatherford that I rarely went to, and I within the first year flipped those. So I started going into Weatherford primarily, and then having my satellite office in Fort Worth, which is the way it is to this day.
Andrew Decker 14:17
And you really like the Fort the the Weatherford kind of feel. In fact, I think you've told me that eventually you hope to to not to close your Fort Worth practice, but to really have your focus in Parker County. Correct?
Andrew Herreth 14:33
Yeah, I I like I said, I love the community of Weatherford, but the legal community especially. I know the judges. I know the county attorneys and the district attorneys. I know the ins and outs of practicing there, and it's just a more comfortable place for me. One, it's very close to my home, and the just because I know. I feel like I'm more of an expert there than I am in in Fort Worth. So eventually, yes, I would like to focus. My focus primarily is in Weatherford, but I would like to focus 100 in Parker County alone, and not have to drive into the big city of Fort Worth every day. You know, the
Andrew Decker 15:17
big city now number 13. Fort Worth's now number 13 in the nation, it's
Andrew Herreth 15:21
growing.
Andrew Decker 15:22
It's growing, and so is Weatherford, so is Parker County, and something you know that not everybody, all of our listeners might know, is that per capita, Parker County has a lot fewer attorneys than Fort Worth, and so the community's smaller. We can know each other, and but it also makes it harder to have a defined practice of criminal defense. That's
Andrew Herreth 15:49
right,
Andrew Decker 15:50
because just by numbers,
Andrew Herreth 15:53
right,
Andrew Decker 15:55
there are fewer criminal cases.
Andrew Herreth 15:56
Yeah, and that that's changing also. So whenever you see an increase in population, you're going to see an increase in arrests and people being charged with crimes. But no, you're right. I mean, I have to travel out to even further west to Palipano. I take cases out there. I take cases in Wise County and Johnson and Hood. So really, you know, and that's not out of the ordinary for for a lot of solo practitioners. They will go wherever the work calls them to go, and wherever people need some help, I'm always willing to to travel to do that. So while the goal may be to stay solely in Parker County, reality is it's it never is going to work out like that. I may be able to close an office in Fort Worth, but I'll never leave Fort Worth. I'm always going to take cases there and and and anywhere else anybody needs help. If
Andrew Decker 16:51
you're willing to pay, I'm willing to travel, right? That may
Andrew Herreth 16:54
be. Yeah, that's right.
Andrew Decker 16:56
Nothing wrong with that. So, all you've done is legal work. If you could do anything else, if you could do your crazy hair-brained idea of a job
Andrew Herreth 17:11
and like make money at
Andrew Decker 17:13
it, well, maybe, maybe. I don't know if you're going to make money. I don't know how good you'd be at it. Yeah. But if you could do anything, what would you want to do?
Andrew Herreth 17:20
You know, I I have always had this interest in in writing. I've just I've just never sat down to to write a book. I think being a writer would be would be would be an interesting calling. I could do that, and if you're a writer, then you know you can do that from anywhere. And my wife and I would, I think, love to get an RV and just travel around the country. We are big outdoors people, so
Andrew Decker 17:50
an RV outdoor RV.
Andrew Herreth 17:53
Well, I mean, yeah, the RV is kind of glamping, but just to drive around and visit places we've never been before, okay, and find some way to make money while doing that. I think would be ideal. That would be great. Well,
Andrew Decker 18:03
wasn't Grisham an attorney?
Andrew Herreth 18:05
He, yeah, but and he. I don't think he travels around. I think he stays in his little mansion in Georgia and or Virginia, wherever he's at, and and writes there. But he is he is an attorney. I think he still has his license actually.
Andrew Decker 18:19
So so you have a you have a mentor now.
Andrew Herreth 18:21
Sure,
Andrew Decker 18:22
you can start writing immediately and let me know when you get that RV so I can point and laugh. Yeah, that's okay though. What is in in your in what you've seen and what you've done? Maybe what's what's a crazy case or story that you've heard that just kind of go? I couldn't make this up without going into complete detail as to as to hurt confidentially out of a client. But
Andrew Herreth 18:49
well, I said earlier that we have the reason I love criminal law is that you just get nothing but great stories, and there's always no matter you know, I tell people it's recession-proof work. Like no matter what the economy is doing, people are going to be accused of things, or they're going to make some bad decisions, or get arrested. I mean, it's just never ending. When I was a prosecutor, you know, I tried a ton of DWIs. One of my cases took place. You know, it's like the stereotypical DWI case. Two a.m. in the drive-through of a Waterburger, and my guys pulled over for for my talking about my client. Yeah, yeah, yeah. And I'm sure, you know, I'm sure that's probably a common theme, you know, around the state and around the country. People are always found at like the worst time for for these cases, and then you know just some of the more interesting defenses I've had to use. One of my clients on a possession case recently, we made the argument to a jury that that the methamphetamine. That was found in the pocket of his shorts was not his because they were not his shorts, which is something I've heard from pretty consistently over the years. I've never actually used it in a jury trial until this past April, and that was a fun trial. That was that was a an interesting challenge for me as a as an attorney. So from both sides, I would just I would have to say the the Waterburger in the DWI parking lot is probably my favorite story.
Andrew Decker 20:35
Yeah, I've I've had a client who was arrested asleep in the Waterburger parking drive-through, they fell asleep while waiting for their order because they were hungry and got arrested for DWI. But that won't be my craziest story. That's yours. But I just want to make sure you weren't prosecuting my my client. Yeah, you'll have
Andrew Herreth 20:55
to find another one. I'll find a different one. Yeah, you've got plenty of stories.
Andrew Decker 20:58
It's what it's why we do this job. We love the stories. What is a piece of advice you've been given that you thought, "Wow, that really is something I need to hold on to, and you've taken to heart?
Andrew Herreth 21:13
So, as an attorney, actually, when I was an intern, I was in the in Harris County at the DA's office, and the chief prosecutor of the court I was assigned to, his name is George Weisfish. Probably one of the best prosecuting attorneys I've ever seen or worked with. And the number two at the time is a mentor of mine. His name is Dorian Cotler. Still practices on the defense side now down in in Harris County, Houston area, and Dorian and George both stressed to me the importance that I never waive opening, right? And that's they always said never waive opening, never wave opening, even as a
Andrew Decker 21:57
defense attorney.
Andrew Herreth 21:57
Yeah, and I still say that's very important as a defense attorney, one and it depends on the case. It depends on your skill level as an attorney, obviously. But that's something for me personally that I've always taken to heart. If I have the opportunity to make an opening, for instance, a lot of judges will, if the prosecution waives opening, they'll just turn to the defense and say, "Go ahead and make one if you want, which not supposed to do, but that's just what happens. And I will take that opportunity to make an opening statement to give the jury my roadmap for the case, to give the jury, you know, not to spoil any surprises or anything, but just to tell them where where I'm coming from, my state of the case. As a prosecutor, that's obviously very important. I would say, as a prosecutor, never waive opening. But as a defense attorney, I would think you must have a very solid trial strategy before you make the determination to actually waive your opening statement. And I'd say go ahead and set and give your opening before this. You know, right after the state gives theirs, that's the only time you get to talk last to a jury. So make sure that you're taking that opportunity to tell a jury exactly where you're coming from, so that they have that fresh in their mind when the prosecution makes or offers their first witness. So I think that's very important evidence. I'm sorry, very important advice that I've taken to heart is never waive opening, even when you know just in life in general. If I meet somebody for the first time, you know, first impressions are important, right? Clients when they come in, I never want to to you know I'm using air quotes. Wave opening with them. I never want to miss that opportunity to tell them what I'm all about, or maybe some projects that are important to me. I like to talk about those with other people. You never know what what opportunities will will come up if you're not sharing those opportunities with other people, so I think that's just very important advice.
Andrew Decker 24:02
All right, excellent. A couple more questions. These are more on the fun side of life, a little lighter, lighthearted. Part of our brain trust has said that we're going to ask a few fun questions at the end of every interview. We haven't decided on what those officially are going to be, so Andrew is going to be caught completely off guard.
Andrew Herreth 24:21
Oh,
Andrew Decker 24:21
favorite book?
Andrew Herreth 24:24
My favorite book is Cash 22 by Joseph Heller.
Andrew Decker 24:27
Okay, favorite artist or band?
Andrew Herreth 24:32
Well, the changes over time. Right now, I really love the Avett Brothers. Also, Jason Isbell is one of my all-time favorites.
Andrew Decker 24:43
Okay, if you could live anywhere, where would it be?
Andrew Herreth 24:50
Probably Colorado. I really like the the mountains
Andrew Decker 24:55
and the looser laws.
Andrew Herreth 24:56
Well, not not so much. You know, I mean, it's great. It's great if if that's if that's what you like to do. That's not really what I'm into, but I just love the the outdoors aspect of it.
Andrew Decker 25:09
Okay, I I know you well enough to know that that it's more the outdoor question. It was just too easy to to kind of pick on you a little bit. And then finally, if you could tell what what you would say your best advice to someone else about entering law. What would
Andrew Herreth 25:30
it be? Yeah, I've I've kind of had this. I've been struggling with with giving advice to future lawyers in the past, and that's because you know I think you have to be very clear about what your goals are, your career goals are before you go to law school. Law school can be extremely expensive, and for a long time, I have felt handcuffed by the loans that I have to repay. So I think my advice would be one: you know you need to have your career goals written out and and clarified. Be very specific about those before you enter law school. Don't just do it willy nilly because it can be something that that really or the loans or the the financial part of it, can be something that really sets you back, you know, a couple decades in trying to pay back. Other than that, you know, once we get past that awkward conversation about, you know, can you afford law school talk, you know, interests change, right? I mean, I entered law school right after college, and I was a kid, and I didn't know what I wanted to do. Right, I didn't know that I wanted to be a criminal attorney. I I thought going in I'd be a real estate attorney, and I'm very glad I'm not a real estate attorney. But interests change, and so I would say there's absolutely nothing wrong in taking some time to yourself after college, maybe get a maybe go and find a different career, save up some money so you can afford it, and then if that's the you know the right decision for you after you take some time to to think about it to mature a little bit, by all means go to go to law school. There's nothing wrong with law school. I love being an attorney. I love my experience, my time in law school. You just need to be very clear about what your goals are.
Andrew Decker 27:28
Excellent.
Andrew Herreth 27:28
Yeah,
Andrew Decker 27:29
I think that's some good advice. Some good sound advice. Finally, before we sign off, you're Andrew Herreth. How would they find your your office? How would they find you if somebody listening to this podcast said, "That's my man. That's why I want to call who I want to contact.
Andrew Herreth 27:45
Yeah. So I need to be. I also have to be very clear about how to pronounce my last name. A lot of people assume that I have a lisp because my name ends in a th. So it's not Herreth, but it is Herreth. H e r r e t h. Easiest place to find me. Just go to my website, herrethlaw.com. Again, that's h-e-r-r-e-t-h-l-a-w.com. If you're in Weatherford, stop by. I'm close to the corner of North Main and Spring Street. It's a fantastic sandwich shop. It's real close to my to my office that I frequent. So come on by and say hello. Give us a call if we if you need help. If we can help you in any way, just reach out. I'm always available. All
Andrew Decker 28:24
right, so we're Andrew and Andrew on Texas Criminal Defense, and thanks for listening in. And we look forward to seeing you, or actually you hearing us next time.
Andrew Herreth 28:36
All right, so that wraps up episode number one of the Texas Criminal Defense Podcast. This is Andrew Herreth, and I just want to say, obviously, we're going to make some mistakes throughout this process. I graduated high school in 2000 not college. So if you're sticking around long enough to to be listening to this outro, sincere apologies to all my classmates. So, anyways, the next episode, episode number two, will be dropping on the first of the month, august 1. I, yours truly, Andrew Herreth, will be interviewing Andrew Decker. Same format as this episode, but just to get a little bit more information about the host of the Texas Criminal Defense Podcast. We'll see you then. Don't forget to share a review. Share it with your friends. Like us. Visit our website at TexasCrimDefense.com. Our contact information is there if you want to get a hold of us. Have any questions about the podcast or criminal defense? Please leave us a review. It really helps out, and Andrew likes to to read all of the nice things you have to say about him. Andrew Decker, that is. We'll see you next time. Bye, y'all.