People walk into a courtroom expecting a search for the truth. What they find is a contest — and every other participant has a role that is not protecting them. Brian Foley explains in this video.
Everyone's job
- The officer closes the case. Once the arrest is made, the investigation is about supporting it.
- The prosecutor represents the State of Texas. Their ethical duty is to see that justice is done, but their daily work is measured in convictions and pleas. They are not your lawyer and cannot give you advice.
- The judge is a neutral referee who rules on what is presented. Judges do not investigate, do not look for evidence in your favor, and do not intervene when you make a mistake.
- The complainant and their advocates want an outcome.
- Your lawyer is the only person in the room whose sole obligation is to you.
Why this design is a good thing — if you have a lawyer
The adversarial system works because each side pushes hard and the truth emerges from the collision. It fails completely when one side is unrepresented. A defendant without a lawyer is a person in a contest who does not know the rules, facing an opponent who has done this thousands of times.
Why the lawyer's background matters
Understanding that the system is adversarial means understanding how the other side thinks: what a prosecutor needs to prove, what they are worried about, what makes them dismiss. Brian Foley was a Galveston County Felony Chief. Luis Baez was a Galveston County prosecutor. They know the other side's playbook because they wrote parts of it.
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