Trial Process
The following is a brief description of the Municipal Court trial procedures.
Pre-Trial
If you receive a ticket, you have been charged with a criminal offense. You have the right to a trial, either before a Judge or a Jury. If you want a trial, you must plea not guilty and request a trial setting. This can be done either at the court clerk's office within 20 business days from the date you receive the ticket, or the first time you are scheduled to appear in open court.
As in any criminal offense, your first appearance in open court is to enter a plea. Only you or your attorney, fully licensed by the State Bar of Texas, can appear in court on your behalf. If you are 16 years of age or younger, you must appear with a parent or legal guardian, or with proof of your marriage.
Three different pleas are available to you:
1. Plea of GUILTY - You admit you committed the illegal act charged. You have no defense or excuse for that act. The Judge will accept your plea and assess the penalty. You may request a Driver's Safety Course or Deferred Disposition (probation). If you don't want to talk to the Judge, you may pay the standard fine at the clerk's office between 8 a.m. and 5 p.m., Monday through Friday, or you may pay by mail.
2. Plea of NO CONTEST - You are not admitting or denying that you committed the violation. You simply do not wish to contest it. You will almost certainly be found guilty, but you may be eligible for a driver's safety course and/or court ordered probation.
3. Plea of NOT GUILTY - You deny that you committed the offense with which you are charged or you have a valid defense. Your plea of not guilty will result in a trial at which the state must prove the charges against you.
It is unethical for the Judge to speak with you about your case before your trial. For this reason, the Judge may hear an explanation about the charges against you only after a plea of guilty or no contest has been entered, or at trial.
Failure to appear at the time of your trial—or to timely pay the required fine—can have serious consequences: a warrant issued for your arrest; an additional charge of criminal failure to appear could be issued, with an additional standard fine of $150.00; and/or forfeiture of any bond money already paid.
Trial
Under Texas law, you can be brought to trial only after a sworn complaint is filed against you. You can only be tried for what is alleged in the complaint.
You have the following rights in court:
- The right to inspect the complaint before trial and the right to have it read aloud and into the record at trial
- The right to have your case tried before a jury (if you don't request a Jury, the trial will be before the Judge)
- The right to hear all testimony introduced against you
- The right to cross-examine any witness who testifies against you
- The right to testify in your own behalf
- The right not to testify. If you choose not to testify, your refusal to do so cannot be held against you
- You may call witnesses to testify in your behalf at trial
Continuances
If you need more time before your trial, you must submit a written request for continuance to the court at least 10 business days prior to the trial. Grounds for the Judge to grant a continuance include: (1) a religious holy day or (2) a continuance is necessary for justice in your case.
Presenting the Case
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. The Judge will decide whether or not to grant your request. In each Jury trial, you are also permitted to strike three members of the Jury panel for any reason you choose, except an illegal reason (such as strike based upon a person's race or sex).
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 witness questions about their testimony or any other facts relevant to the case. You cannot, however, argue with the witness. Your cross-examination of the witness must be in the form of questions and answers. 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 finishes 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 want, you may testify in your own behalf, but as the defendant, you cannot be forced 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 may 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 can be based only on the evidence admitted during the trial.
Judgment
After hearing the evidence, the Jury or the Judge will decide your guilt or innocence. In determining the defendant's guilt or innocence, the Judge or the Jury can consider only the testimony of witnesses and any evidence admitted during the trial.
If you are found guilty, the penalty will be announced. Unless you plan to appeal your case, you should be prepared to pay the fine at that time.
Southlake, Texas 76092
817-748-8188