| 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 alleged to have committed and that the act 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 testify 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 held against you in determining your innocence or guilt. 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. |
