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Municipal Court
FAQs
Court Procedures
(ADULTS)
Your Rights
Under
our American system of justice, all persons are presumed to be innocent
until proven guilty. The State must prove you guilty "beyond a
reasonable doubt" of the offense with which you are charged. Every
criminal defendant has the right to remain silent and refuse to testify
(without consequences). You have the right to retain an attorney and have
them try your case or answer your questions. Since offenses in this court
are punishable only by fine and not by incarceration, you do not have the
right to appointed counsel.
You have
the right to a jury trial. You may waive a jury trial and have a trial
before the judge, commonly called a "bench trial." If you elect
to represent yourself, no person other than an attorney can assist you during
a trial.
At trial you have many rights including:
- The right to have
notice of the complaint not later than the day before any
proceedings in the prosecution;
- The right to inspect
the complaint before trial, and have it read to you at the trial;
- The right to hear
all testimony introduced against you;
- The right to
cross-examine witnesses who testify against you;
- The right to testify
on your own behalf;
- The right not to
testify (Your refusal to do so may not be held against you in
determining your innocence or guilt.); and
- You may call
witnesses to testify on your behalf at the trial, and have the court
issue a subpoena (a court order) to any witnesses to ensure their
appearance at the trial.
Appearance
In
addition to your rights, you have some legal responsibilities. The law
requires you to make an appearance in your case. Your appearance date is
noted on your citation, bond, summons, or release papers. You or your
attorney may appear in person in open court, by mail, or you may deliver
your plea in person to the court. (Juveniles have a separate set of rules
for their appearance. Please read the Children pamphlet).
Your
first appearance is to determine your plea. If you waive a jury trial and
plead guilty or nolo contendere (no contest), you may present extenuating
circumstances for the judge to consider when determining the proper
punishment. However, the judge is not required to reduce your fine. If
you plead not guilty, the court will schedule a jury trial. You may waive
a jury trial and request a bench trial. When you make your appearance by
mail, your plea must be postmarked by your scheduled appearance date. If
you plead not guilty, the court will notify you of the date of your
trial.
If you
enter a plea of guilty or no contest, you must also waive your right to a
jury trial. You may request the amount of fine and appeal bond in writing
and mail or deliver it to the court before your appearance date. You then
have up to 31 days from the time you received a notice from the court to
pay the fine or file an appeal bond with the municipal court.
Pleas
Unless
you are entitled to a compliance dismissal, you must enter one of the
following three pleas:
Plea of
Not Guilty - A plea of not guilty means that you deny guilt and
require the State to prove the charge. A plea of not guilty does not
waive any of your rights. A plea of not guilty does not prevent a plea of
guilty or no contest at a later time.
Plea of Guilty- By a plea of guilty, you admit that you
committed the criminal offense charged.
Plea of Nolo Contendere (no contest) - A plea of nolo
contendere means that you do not contest the State's charge against you.
The
difference between a plea of guilty and nolo contendere is that the no
contest plea may not later be used against you in a civil suit for
damages. For example, in a civil suit arising from a traffic crash, a
guilty plea can be used as evidence of your responsibility or fault.
If you
plead guilty or nolo contendere, you will be found guilty and should be
prepared to pay the fine. A plea of guilty or nolo contendere waives all of the trial rights discussed earlier. If you are
unable to pay the entire fine and costs, you should be prepared to
document and explain your financial situation.
Fines, Costs, and
Fees
The
amount of the fine assessed by the court is determined by the facts and
circumstances of the case. Mitigating circumstances may lower the fine,
and aggravating circumstances may increase the fine.
Judge's Ability
to Dismiss
The
municipal judge is responsible for conducting a fair, impartial, and
public trial. The case against you is brought by the State of Texas
through the prosecutor, not the court. Therefore, the judge may not
dismiss a case without the prosecutor having the right to try the
case. There are several
exceptions to this rule, including deferred disposition, driving safety
courses, and compliance dismissals.
Trial Procedures
If you
need a continuance, you must put the request in writing with your reason
for your request and submit it to the court prior to trial. You may
request a continuance for the following reasons:
- A religious holy day
where the tenets of your religious organization prohibit members
from participating in secular activities such as court proceedings
(you must file an affidavit with the court stating this
information);
- You feel it is
necessary for justice in your case; or
- By agreement of the
parties (you and the prosecutor).
The
judge decides whether or not to grant the
continuance. Failure to submit the request in writing may cause your
request to be denied. If you
choose to have the case tried before a jury, you have the right to
question jurors about their qualifications to hear your case. If you
think that a juror will not be fair, impartial, or unbiased, you may ask
the judge to excuse the juror. You are also permitted to strike three
members of the jury panel for any reason you choose, except a strike
based solely upon race or gender.
As in
all criminal trials, the trial begins with each party given an opportunity
to make an opening argument. Then the State presents its case first by
calling witnesses to testify against you. You then have the right to
cross-examine the State's witnesses. You may not, however, argue with the
witnesses. Cross-examination must be in the form of questions.
After
the prosecution has rested, you may present your case. You have the right
to call witnesses who know anything about the incident. The State has the
right to cross-examine the witnesses that you call. If you so desire, you
may testify on your own behalf, but as a defendant, you may not be
compelled to testify. It is your choice, and
your silence cannot be used against you. If you do testify, the State has
the right to cross-examine you.
After
all testimony is concluded, both sides can make a closing argument. This
is your opportunity to summarize the evidence, present your theory of the
case, argue why the State has failed to meet its burden of proof, and
make other arguments allowed by law. The State has the right to present
the first and last arguments.
In
determining the defendant's guilt or innocence, the judge or jury may
consider only the testimony of witnesses and evidence admitted during the
trial. The judge or jury must find the defendant guilty "beyond a
reasonable doubt." You may elect the jury to assess the fine if you
are convicted. If you do not file an election before the trial begins,
the judge will assess the fine. You should be prepared to pay the fine
and costs or post an appeal bond if you are convicted.
Driving Safety
Course
If you
are charged with a traffic offense, you may be eligible to ask the judge
to take a driving safety course to dismiss the charge. The request must
be made on or before the appearance date on the citation. It must be made
in person, by counsel, or by certified mail. (If you are under age 17,
you must appear in open court with a parent or guardian to make the
request.) If you were operating a motorcycle, you may be required to take
a motorcycle operator's training course. If you are charged with allowing
a child to ride unsecured in a safety belt or a child passenger safety
seat system, you must take a special driving safety course that has four
hours training on child passenger safety seat systems.
At the
time of the request, you must do the following:
- Plead guilty or no
contest;
- Pay court costs;
- Pay a $10
administrative fee, if required;
- Present proof of financial responsibility (insurance); and
- Present a valid
Texas driver's license or permit. (Active military and spouses or dependent
children of active military may present a valid driver's license
from any state.)
To be
eligible, you:
- Cannot have taken a
driving safety course or motorcycle operator's course for a traffic
offense within the last 12 months from the date of the current
offense;
- Cannot currently be
taking the course for another traffic violation;
- Cannot be the holder
of a commercial driver's license (CDL) or have held a CDL at the
time of the offense; and
- Have not committed
one of the following offenses:
- Failure to Give
Information at Accident Scene;
- Leaving Scene of
Accident;
- Passing a School
Bus;
- A serious traffic
violation, which applies to commercial motor vehicle operators;
- An offense in a
construction or maintenance work zone when workers are present;
- Speeding 25 mph or
more over limit; or
- Speeding 95 mph or
more.
The case
will be deferred for 90 days.
During
that time you must:
- Complete a driving
safety course approved by the Texas Education Agency or a motorcycle
operator's course approved by the Department of Public Safety and
present the completion certificate to the court;
- Present a certified
copy of your driving record from the Department of Public Safety
that shows that you have not had a driving safety course within the
preceding 12 months from the date of the current offense; and
- Swear to an
affidavit that you were not taking a driving safety course at the
time of the request for the current offense and that you have not
taken one that is not shown on your driving record.
If you
do not present the required documents in time, the court will notify you
to return to court and explain why you failed. The judge may, but is not
required to, allow you to file the proper papers for an extension at that
time. Your failure to be present at that hearing will result in a
conviction, a fine being assessed, and a capias pro fine for your arrest
being issued.
Deferred
Disposition
The
judge may, in the judge's sole discretion, defer disposition on most
cases. The holder of a commercial driver's license (CDL) is not eligible
for deferred disposition on moving traffic violations. Costs must generally
be paid when the court grants deferred. If you complete the required
terms, the case is dismissed, and the court may impose a special expense
fee not to exceed the maximum fine amount authorized by state law. The
deferred period cannot exceed 180 days.
New Trial and
Appeal
If you
are found guilty, you may make an oral or written motion to the court for
a new trial. The motion must be made within one day after the court's
rendering a judgment of guilt. The judge may grant a new trial if
persuaded that justice has not been done in your case. Only one new trial
may be granted. Defendants in courts of record should check with the
court for rules regarding new trials. If you are found guilty, you have
the right to appeal your case. To appeal you must file an appeal bond
with the municipal court within 10 days of the judgment. The court must
set the appeal bond amount for at least twice the amount of the fine and
costs. For an appearance by mail, look at the section Appearance for the
special rules for appealing pleas made by mail. Defendants in courts of
record should check with the court for rules regarding appeals.
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