MUNICIPAL
COURT PROCEDURES
COURT
APPEARANCES
The
law requires you to appear in court on your case. If you were issued
a citation, your appearance date is noted on the citation. If you have
been released on bond, your appearance date is set on the bond. If you
request a continuance, the court will notify you of your new appearance
date. You or your attorney may appear in person in open court, by mail,
or you may deliver your plea in person to the court.
Your
first appearance is to determine your plea. If you waive a jury trial
and plead guilty or nolo contendere (no contest), you may talk to the
judge about extenuating circumstances that you want the judge to consider
when setting your find, but the judge is not required to reduce your
fine. Before pleading guilty or no contest, you will want to read the
section on pleas. If you plead not guilty, the court will schedule a
jury trial unless you waive that right. If you do, the trial will be
before the judge. When you make your appearance by mail, the court must
receive your plea before your scheduled appearance date. If you plead
guilty or no contest, you must include a waiver of jury trial. If you
pleased not guilty, the court will notify you of the date of your trial.
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PLEAS
Under
our American system of justice, all persons are presumed to be innocent
until proven guilty. ON a pleas of not guilty, a trial is held. As in
all criminal trials, the State must prove the guilt of a defendant "beyond
a reasonable doubt" of the offense charged in the complaint before
the defendant can be found guilty by a judge or jury.
Your
decision concerning which pleas to enter is very important. You should
read the following explanation of all three types of please and think
carefully before making your decision. If you plead guilty or nolo contendere,
you should be prepared to pay the fine. You should contact the court
regarding how to make payment.
Plea
of Guilty- By a plea of guilty, you admit that the act
is prohibited by law and that you committed the act charged. Before
entering your plea of guilty, however, you should understand the following:
-
The
state has the burden of proving that you violated the law (the law
does not require that you prove you did not violate the law).
-
You
have the right to hear the State's evidence and to require the State
to prove you violated the law; and
-
A
plea of guilty may be used against you later in a civil suit if
there was a traffic accident (another party can say your were at
fault or responsible for the accident because you pled guilty to
the traffic charge).
Plea
of Nolo Contendere (no contest) - A plea of nolo contendere
means that you do not contest the State's charge against you. You will
almost certainly be found guilty, unless you are eligible and successfully
complete a driving safety course and/or court ordered probation. Also,
a plea of nolo contendere may not be used against you in a subsequent
civil suit for damages.
Plea
of Not Guilty- A plea of not guilty means that you deny
guilt, and that the State must prove the charge that it filed against
you. If you plead not guilty, you need to decide whether to hire an
attorney to represent you. If you represent yourself, the following
section on The Trial may help you to understand your rights and trial
procedure.
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DRIVING
SAFETY COURSE
At
the time of the request you must do the following: (1) Present proof
of financial responsibility (liability insurance) (2) Plead guilty or
nolo Contendere; and at the time of the request you must do the following:
(1) Present proof of financial responsibility (liability insurance)
(2) Plead guilty or nolo Contendere; and
The case will be
postponed for 90 days to allow you time to complete the course. You
must attend a driving safety course that has been approved by the Texas
Education Agency or a motorcycle operator's course approved by the Department
of Public Safety.
You are eligible
to request this course if you:
(1) Have not requested and taken a driving safety course or motorcycle
operator course for a traffic offense within the last 12 months;
(2) Are not currently taking the course for another traffic violation,
(3) Do not hold a Commercial Drivers License;
(4) Have not committed one of the following offenses:
(A) Failure to Give Information at Accident Scene;
(B) Leaving scene of accident;
(C) Fleeing or attempting to elude police officer;
(D) Reckless driving;
(E) Passing a school bus;
(F) A serious traffic violation;
(G) An offense in a construction maintenance zone when workers are present;
(H) Speeding 25 mph or more over limit.
On or before 90
days from the appearance date you will be required to present to the
Court the following:
(1) A certified
copy of your driving Record as maintained by DPS;
(2) A certificate of completion of the Driving Safety Course;
(3) $112.00 in Court fees.
If you do not take
the course in the time required and/or fail to present the Court with
a certificate of completion, a copy of the driving record and the Court
Fees~ the court will notify you to return to court and explain why you
failed to do these things. If you have a good reason why you were unable
to present your proof with the time required, the judge may, but is
not required to, grant you an extension. Your failure to be present
at that hearing will result in a warrant for your arrest being issued.
An additional charge may also be filed.
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THE
TRIAL
A
trial in municipal court is a fair, impartial and public trial as in
any other court Under Texas law, you may be brought to trial only after
a sworn complaint is filed against you. A complaint is a document that
alleges the act you are supposed to have committed and that the art
is unlawful. You may be tried only for what is alleged in the complaint.
You have the following rights in court:
(1) The right to have notice of the complaint not later than the day
before any proceedings;
(1) The right to inspect the complaint before trial, and have it read
to you at the trial;
(2) The right to have your case tried before a jury, if you so desire;
(3) The right to hear all testimony introduced against you;
(4) The right to cross?examine witnesses who testifies against you;
(5) The right to testify in your behalf?,
(6) The right not to testify, if you so desire. If you choose not to
testify, your refusal to do so may not be hold against you in determining
your innocence or guilt; and You may call witnesses to testify in 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. The request
for a subpoena may be oral or in writing.
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 juror will not be fair, impartial or unbiased, you may
ask the, judge to excuse the juror. The judge will decide whether or
not to grant your request. In each trial, you are also permitted to
strike three members of the jury panel for any reason you choose, except
an illegal reason (such as a strike based solely upon a person's race
or gender)
If
you need a continuance for your trial, you must put the request in writing
and submit it to the court with your reasons prior to trial.
The judge will make a decision whether or not to grant the continuance.
You may request a continuance for the following reasons:
(1)
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); or
(2) That you feel it is necessary for justice in your case.
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PRESENTING
THE CASE
As
in all criminal trials, the State will Present its case first by Calling
witnesses to testify against you.
After
Prosecution Witnesses have finished testifying, you have the right to
cross examine. In other words, you may ask the witnesses questions about
their testimony or any other facts relevant to the case. You may not,
however, argue with the witness. Your cross examination of the witness
must be in the form of questions only. You may not tell your version
of the incident at this time - you will have an opportunity to do so
later in the trial.
After
the Prosecution has presented its case, you may present your case. You
have the, right to call any witness who knows anything about the incident.
The State has the right to cross examine any witness that you call.
If
you so desire, you may testify in 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 tell the court why you think that you are
not guilty of the offense charged. The State has the right to present
the first and last arguments. The closing argument may be based only
on the testimony presented during the trial.
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JUDGMENT/VERDICT
If
the case is tried by the judge, the judge Is decision is called a judgment
If the case is tried by a jury, the jury's decision is called a verdict.
In
determining the defendant's guilt or innocence the judge or jury may
consider only the testimony of witnesses and any evidence admitted during
the trial. If You are found guilty by either the judge or jury, the
penalty will be announced at that time. Unless you plan to appeal your
case, you should be prepared to pay the fine at this time.
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COURT
COSTS
In addition to a
fine, court costs mandated by state law will be charged. The costs are
different depending on the offense. You need to check with the court
for the amount that will be assessed to the violation for which you
are charged. If you request a trial you may have to also pay the costs
of overtime paid to a peace officer spent testifying in the trial. If
you request a jury triaL an additional $3 jury fee is assessed. if a
warrant was served or processed by a peace officer, an additional $50
fee is also assessed.
Court costs are
assessed if you are found guilty at trial if you plead guilty or nolo
contendere, if your case is deferred for a driving safety course, or
if your case is deferred and you am placed an probation. If you are
not found guilty, court costs cannot be assessed.
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NEW
TRIAL
If you are found
guilty, you may make an oral or written motion to the court for a now
trial. The motion must be made within one day after a judgment of guilt
has been rendered if the judge is persuaded that justice has not been
done in the trial of your case. Only one new trial may be granted for
each offense.
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APPEALS
If
you are found guilty, and are not satisfied with the judgment of the
court, you have the right to appeal Your ease. To appeal, unless You
are in a court of record, you must file an appeal bond with the municipal
court within 10 days of the judgment if you appeared in Open court.
If you pled guilty or nolo contendere, waived your right to a jury trial
and requested the amount of fine and appeal bond, put the request in
writing and mailed or delivered it to the court before your initial
court appearance date, you have up to 31 days from the time you received
a certified notice from the Court to pay fine or file an appeal bond
with the municipal court Defendants in courts of record should check
with the court for rules regarding appeals.
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JUVENILES
The
municipal court has jurisdiction over juveniles (under age 17) charged
with most Class C misdemeanor offenses except Sec. 49.02, P.C., public
intoxication, and the following traffic offenses: Sec. 502.282, T.C.,
registration with amateur radio plates; Sec. 502.022, T.C. accident
involving damage to vehicle; and Sec. 550.024, T.C., duty on striking
unattended vehicle. All juveniles are required to appear in open court
for all proceedings in their cases. The parent of a juvenile charged
in municipal court must be present in court with their child. Juveniles
who fail to appear in court may have an additional charge of failure
to appear filed against them. Juveniles who fail to appear or fail to
apply their fine will be reported to the Department of Public Safety
who will suspend or deny issuance of a driver's license. If a juvenile
disobeys a court order, the court may order DPS to suspend or deny issuance
of a driver's license or find the child in contempt and assess a fine
not to exceed $500, or referred to juvenile court for contempt.
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NOTE:
A
child and parent required to appear before the court have an obligation
to provide the court in writing with the current address and residence
of the child. The obligation does not end when the child reaches age
17. On or before the seventh day after the date the child or parent
changes residence, the child or parent shall notify the court of the
current address in the manner directed by the court. A violation of
this requirement may result in arrest and is a Class C misdemeanor.
The obligation to provide notice terminates on discharge and satisfaction
of the judgment or final disposition not requiring a finding of guilt.
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FINES
The
amount of fine the court assesses is determined only by the facts and
circumstances of the case. Mitigating circumstances may lower the fine,
even if you are guilty. On the other hand, aggravating circumstances
may increase the fine. The maximum fine for most municipal court traffic
violations is $200; for municipal court penal violations -$500; for
certain city ordinance violations -$2,000; and for other city ordinance
violations -$500.