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Inside the Harris County DA Race: A Criminal Defense Attorney’s Perspective on Dan Simons’ Vision
On a recent episode of the Attorney 9-1-1 podcast, host Ralph Manginello sat down with a unique voice in the Harris County District Attorney race: Dan Simons. As a former prosecutor, current criminal defense attorney, and a candidate running on a platform of practical reform, Simons offered a rare, insider’s view into the challenges facing our justice system. At Attorney911, we see firsthand how the policies and culture of the District Attorney’s office directly impact every Houstonian—whether you’re a victim seeking justice, a citizen concerned about public safety, or an individual wrongfully accused. This conversation wasn’t just political commentary; it was a masterclass in the intersection of law, leadership, and the human cost of bureaucratic failure. With over 25 years of experience in Texas courtrooms, including federal litigation in the Southern District of Texas and complex cases like the BP explosion litigation, Ralph Manginello brings a seasoned perspective to this critical discussion for our community.
Dan Simons’ story is not one of political privilege. He grew up homeless and in foster care, becoming the first in his family to graduate high school. After joining the Air Force to become a police officer—driven by his own experience as a child victim—he sacrificed his military career to care for his disabled father. He built a successful business, then pursued law school at Thurgood Marshall School of Law, graduating magna cum laude and passing the bar on his first try. He served over three years as a Harris County prosecutor, trying more than 70 cases, and has spent years since as a criminal defense attorney. This life journey—from victim, to military police, to prosecutor, to defense attorney—informs his entire platform. It’s a perspective that resonates with us at Attorney911, where our founding attorney, Ralph Manginello, built his practice on a deep commitment to personal advocacy, whether defending the accused in criminal court or fighting for injured victims against powerful insurance companies.
The Two Triggers: From Personal Struggle to Legal Advocate
Simons shared that two personal events catalyzed his journey to law school: a difficult child custody battle and a business deal gone wrong based on a handshake agreement. “I never want to go through this again,” he said. “I want to protect others from that situation.” This visceral understanding of how the legal system can fail ordinary people is at the heart of authentic legal practice. In our personal injury and criminal defense practice at Attorney911, we see this daily. Clients come to us after an insurance company has denied a valid claim or after an arrest where the evidence is thin. They feel powerless against a complex system. Simons’ drive to gain knowledge to protect himself and others mirrors our firm’s philosophy: knowledge is power, and expert legal counsel is the ultimate shield against injustice.
In Texas, child custody disputes are governed by the Texas Family Code, which emphasizes the child’s best interest. Without proper legal guidance, parents can easily forfeit critical rights. Similarly, business disputes without written contracts often devolve into costly “he-said, she-said” litigation under Texas business law. Simons’ experience underscores a universal truth: proactive legal counsel is invaluable. At Attorney911, while we focus on personal injury and criminal defense, we understand how interconnected legal issues are. A car accident case (a personal injury matter) often involves concurrent criminal charges like DWI, requiring a firm like ours with experience in both civil and criminal courts. Our multi-faceted experience allows us to navigate the entire legal landscape for our clients.
A Prosecutor Who Sees People, Not Just Defendants
Perhaps the most compelling part of Simons’ narrative is his description of walking into the DA’s office with a different lens. “I walk into that office with 12 years of business experience, four years of military experience. And a lifetime of adversity and hardship… when I looked across the crowd, I didn’t see defendants. I saw people.” This human-centered approach is shockingly absent in many high-volume legal offices, including some plaintiff’s firms that operate as settlement mills. At Attorney911, seeing the person behind the case is our non-negotiable standard. Whether it’s a client facing a DWI charge that could ruin their career or a family grieving a wrongful death, we know we are dealing with human beings in crisis, not case files.
Simons’ prosecutorial experience—trying over 70 cases in three and a half years—gives him operational credibility. He knows what it takes to prepare a case for trial. This is a critical differentiator in the legal world. Many lawyers, on both the plaintiff and defense side, lack real trial experience. They settle cases cheaply because they are afraid to go to court. At Attorney911, our trial record is a point of pride. We prepare every case as if it’s going to trial because, as Simons noted, that’s how you force fair settlements. Insurance companies and prosecutors can sense when a lawyer is not prepared to go the distance. Our readiness to try cases, backed by Ralph Manginello’s 25+ years of courtroom experience and Lupe Peña’s insider knowledge from years at a national insurance defense firm, gives our clients a decisive advantage.
Blueprint for a Better DA’s Office: Trust, Training, and Communication
Simons outlined a three-part plan for his first days in office: (1) creating a positive work environment to attract seasoned prosecutors, (2) fixing the intake division with training and communication, and (3) bridging the gap with judges and law enforcement. Let’s break down why each matters to every citizen in Harris County.
1. Culture Over Chaos: Simons vowed to eliminate a culture of fear. “I hate people walking on eggshells… You don’t move up in my office by how many heads you step on. You move up by reaching your hand down and helping the person below you up.” A toxic work environment in the DA’s office leads to high turnover, inexperience, and bad decisions that affect public safety and individual rights. In our criminal defense practice, we’ve seen how demoralized prosecutors, afraid to make decisions, cause endless delays. This hurts everyone: victims wait years for closure, defendants’ lives are in limbo, and taxpayers foot the bill for a sluggish system. A functional, respected DA’s office is in everyone’s interest.
2. The Intake Crisis: This is a technical but vital issue. “Intake” is when a police officer calls the DA’s office from a crime scene to get charges approved. Simons explained that under-trained intake prosecutors and poor communication with police lead to weak cases being filed or strong cases being declined unnecessarily. He gave a DWI example: an officer finds a sleeping person in a parked car, smells alcohol, but the car is off and the keys aren’t in the ignition. The officer wants a DWI, but the element of “operation” is missing. A good intake prosecutor will explain this and suggest a proper charge (like public intoxication), training the officer for next time. A poor intake process results in a flawed DWI charge that a skilled Houston DWI defense attorney will get dismissed, wasting resources and eroding trust.
This mirrors the early stages of a personal injury claim. When an insurance adjuster initially evaluates a car accident claim, their training and company directives shape the outcome. Having a former insurance defense attorney like Lupe Peña on our team means we know exactly how they are trained to undervalue or deny claims. We anticipate their intake process and build an unassailable case from day one, often hiring accident reconstruction experts and obtaining surveillance footage before it’s deleted. Evidence preservation is critical; just as a DWI case needs proper blood test chain-of-custody, a personal injury case needs prompt accident scene investigation.
3. Bridging the Gap: Simons wants to restore functional relationships between the DA’s office, judges, and law enforcement. When these entities don’t communicate, the system fractures. For citizens, this can mean delayed justice, contradictory rulings, and a loss of faith in public safety. As defense attorneys, we support a system that is fair, efficient, and predictable. We’ve built strong professional relationships with prosecutors and judges across Harris County because, as Simons said, “It doesn’t always have to be adversarial.” Our goal is the best outcome for our client, which sometimes is a fair pretrial diversion or probation, not just a dismissal or trial. This practical approach is why our firm has earned a 4.9-star rating from over 251 Google reviews. Clients like Greg Garcia note, “They solved in a couple of months what others did nothing about in two years.”
The Bond Reform Pendulum: O’Donnell and Public Safety
Ralph Manginello raised a question we hear constantly from concerned Houston residents: “Why are these criminals getting out of jail and hurting people?” Simons pointed to the O’Donnell consent decree, a federal lawsuit settlement that required Harris County judges to adopt preset bond schedules for low-level offenses, effectively removing judicial discretion for many cases. The intent—to prevent poor defendants from being jailed solely because they couldn’t pay—was noble. But the effect, as Simons described, was a pendulum swing: “from, we’re going to hold everybody in… to way over here where we’re letting almost everybody out because we have to.”
He noted the original case involved someone jailed for driving with an invalid license—an offense that shouldn’t warrant incarceration. However, the blanket policy also allowed individuals with multiple violent charges or a dozen prior bonds to be released. Simons advocates challenging the decree to restore judicial discretion responsibly, trusting judges to make individualized decisions based on evidence and danger to the community. This is a nuanced position that acknowledges both the need for bail reform and the imperative of public safety.
For those accused of crimes, this has direct implications. A skilled criminal defense attorney must now be prepared to argue for reasonable bond in serious cases, presenting evidence of community ties, employment, and lack of flight risk. At Attorney911, our success in getting charges dismissed, like in DWI cases where breathalyzer maintenance logs were faulty or video evidence contradicted intoxication claims, often begins with securing our client’s release so they can actively participate in their defense. The bond decision is the first critical battle in a criminal case.
What This Means for Houston Victims and the Accused
The leadership of the District Attorney’s office sets the tone for justice in our community. An office that is well-run, staffed with experienced and empowered prosecutors, and committed to clear communication with law enforcement and the defense bar will produce better outcomes for everyone. For crime victims, it means cases are filed correctly and prosecuted competently, leading to swifter justice. For the accused, it means facing a professional adversary who will evaluate cases on their merits, offer fair pretrial diversions when appropriate, and take weak cases to trial rather than overcharging to force a plea.
At Attorney911, our practice is built on holding all parties accountable to the law. In personal injury cases, we hold negligent drivers and corporations accountable. In criminal cases, we hold the State to its burden of proof beyond a reasonable doubt. Our multi-million dollar results—like a significant settlement for a logging accident brain injury or a multi-million dollar resolution for a car accident leading to amputation—demonstrate our capacity to achieve justice against powerful opponents. Our involvement in the BP Texas City explosion litigation proves we are not intimidated by massive corporate defendants. Similarly, our criminal defense victories, including DWI dismissals based on flawed evidence and deferred adjudication for drug charges that avoided 5-99 year sentences, show we fight relentlessly for our clients’ rights.
The insights from Dan Simons’ interview reinforce core principles we live by every day at our Houston, Austin, and Beaumont offices: the system works best with experience, preparation, and a commitment to people over process. Whether you are dealing with the aftermath of a devastating accident or the shock of a criminal charge, you need a legal team with deep insider knowledge, a proven track record, and the trial-tested courage to fight for you. As Ralph Manginello stated on the podcast, supporting a candidate like Simons is about supporting a vision of a functional, fair legal system in Harris County. And when you need a legal emergency lawyer for your own crisis, you need a firm that embodies those same principles of excellence, integrity, and relentless advocacy.
Your Legal Emergency Team: Why Attorney911 Stands Apart
Listening to Dan Simons discuss fixing the DA’s office from within highlights the value of insider experience. At Attorney911, our advantage is similar but applied directly to your case. Lupe Peña didn’t just learn personal injury law; he learned it from the inside of insurance company defense firms. He knows how they value claims, which doctors they use for “independent” medical exams, and how they use delay tactics to pressure vulnerable victims. This isn’t theoretical; it’s firsthand knowledge that we deploy for our clients every day. As client Ambur Hamilton said, “I never felt like ‘just another case.'”
Our approach is comprehensive. From the moment you call our emergency line at 1-888-ATTY-911, we initiate a protocol to protect your rights. In criminal cases, this may mean immediately contacting the jail to arrange a bond hearing or filing a motion to preserve evidence. In personal injury cases, we send spoliation letters to secure dashcam footage, hire investigators to document the scene, and connect you with top medical specialists who understand how to document injuries for a legal claim. We handle the entire legal burden so you can focus on recovery.
Our credentials are your assurance. Ralph Manginello is admitted to the U.S. District Court for the Southern District of Texas and has been practicing for over a quarter-century. Our firm is currently litigating a $10 million lawsuit against the University of Houston and a fraternity, demonstrating our willingness to take on institutional defendants. We are “Legal Emergency Lawyers™” because true legal emergencies—a wrongful death, a catastrophic injury, a felony charge—demand an immediate, expert response. Don’t navigate this alone. The other side already has lawyers working against you. Level the playing field with a team that knows their playbook and has a history of winning. Visit attorney911.com or call 1-888-ATTY-911 for your free, no-obligation consultation. We serve Houston, Austin, Beaumont, and all of Texas. Hablamos Español.
Frequently Asked Questions: DA Elections, Bond, and Your Rights
What is the O’Donnell consent decree and how does it affect bail in Harris County?
The O’Donnell consent decree was a 2019 settlement of a federal lawsuit alleging Harris County’s bail system unfairly jailed poor people accused of misdemeanors because they couldn’t pay cash bonds. It required the county to implement a risk-based assessment and release most misdemeanor defendants on personal bonds without cash payment. While aimed at reform, many law enforcement officials argue it went too far, removing judicial discretion and leading to the release of some individuals who pose a public safety risk. The debate centers on finding a balance between the constitutional right to reasonable bail and protecting the community.
What is “intake” at the DA’s office and why does it matter?
Intake is the process where police officers present evidence to an assistant district attorney to get formal criminal charges filed. A prosecutor reviews the facts to ensure they meet every legal element of the proposed crime. Effective intake acts as a quality control filter, ensuring strong cases proceed and weak cases are either rejected or sent back for further investigation. Poor intake leads to wrongful charges that waste resources and harm the accused, or it allows guilty individuals to escape charges due to technical errors in the initial filing. A well-run intake division is critical for a fair and efficient justice system.
If I’m injured in a crime, does the DA represent me?
No. The District Attorney represents the State of Texas in criminal proceedings, not individual victims. Their duty is to seek justice for the public, which includes considering the victim’s interests, but they are not your personal attorney. If you’ve suffered physical or financial harm due to a crime, you have a separate right to pursue civil justice for compensation (medical bills, lost wages, pain and suffering) against the perpetrator. This is a civil lawsuit, entirely separate from the criminal case. Our personal injury attorneys at Attorney911 can help you navigate this parallel path to recovery.
How can a District Attorney’s office be “apolitical”?
While the DA is an elected official, the core function of the office—seeking justice—should be guided by law and evidence, not political party agendas. An apolitical approach means charging decisions are based on the merits of the case, not the defendant’s or victim’s background, and policies are designed for long-term public safety and fairness, not short-term political gain. It involves hiring and promoting based on competence, not connections, and maintaining open communication with all stakeholders in the justice system, regardless of their political views.
What should I do if I believe I’ve been wrongfully charged with a crime in Harris County?
Do not speak to law enforcement or prosecutors without an attorney present. Immediately exercise your right to remain silent and call a criminal defense lawyer. At Attorney911, we can intervene immediately to protect your rights. We will investigate the charges, scrutinize the evidence (like breathalyzer calibration records or surveillance video), file motions to suppress illegally obtained evidence, and fight for a dismissal or reduction of charges. As seen in our case results, we’ve had DWI charges dismissed due to missing evidence and improper machine maintenance. Call 1-888-ATTY-911 the moment you are charged.
How does the DA’s office performance affect personal injury cases?
Indirectly, but significantly. A dysfunctional DA’s office that fails to promptly prosecute drunk drivers, for example, leaves dangerous individuals on the road, increasing the risk of accidents. Furthermore, a criminal conviction (like a DWI) for the at-fault driver in your accident can provide powerful evidence of negligence in your civil personal injury case, often leading to a more favorable settlement. Our attorneys at Attorney911 are skilled at coordinating between the parallel criminal and civil proceedings to maximize your recovery, leveraging our experience in both practice areas.
Frequently Asked Questions
What is the O’Donnell consent decree and how does it affect bail in Harris County?
The O’Donnell consent decree was a 2019 federal settlement that required Harris County to reform its bail system for misdemeanors, largely removing judicial discretion and leading to the release of most defendants on personal bonds without cash payment. It aimed to stop jailing the poor but is criticized for potentially compromising public safety by releasing individuals who may be dangerous.
What is ‘intake’ at the DA’s office and why does it matter?
Intake is the process where police present evidence to a prosecutor to formally file charges. It acts as a quality control. Effective intake ensures strong cases proceed and weak ones are corrected or rejected, preventing wrongful charges and ensuring public safety resources are used properly.
If I’m injured in a crime, does the DA represent me?
No. The DA represents the State of Texas, not individual victims. To recover compensation for medical bills, lost wages, and pain and suffering from a crime, you must file a separate civil lawsuit. Our personal injury attorneys at Attorney911 can help you pursue this civil justice.
How can a District Attorney’s office be ‘apolitical’?
An apolitical DA’s office focuses on justice based on law and evidence, not political agendas. It means making charging decisions on the merits, hiring based on competence, and communicating with all justice system stakeholders regardless of party, aiming for long-term fairness and public safety.
What should I do if I believe I’ve been wrongfully charged with a crime in Harris County?
Remain silent and immediately call a criminal defense lawyer. At Attorney911, we protect your rights, investigate charges, challenge evidence, and fight for dismissals. We’ve successfully had DWI charges dismissed due to faulty evidence and missing documentation. Call 1-888-ATTY-911 immediately.
How does the DA’s office performance affect personal injury cases?
A dysfunctional DA’s office can leave dangerous drivers on the road, increasing accident risk. Conversely, a criminal conviction (like DWI) for the at-fault driver strengthens your civil injury case. Our attorneys coordinate between criminal and civil proceedings to maximize your recovery.
