Trial / Hearing
All trials in the Municipal Court are presided over by a fair and impartial Judge. Your first appearance in Court is to enter your plea. If you decide to waive your right to a jury trial and plead guilty or nolo contendere (no contest), you may request a hearing with the judge to discuss extenuating circumstances that you want the judge to consider. If you plead not guilty, you will need to decide whether you want a trial by jury or a trial before the judge.
Trials:
Upon your plea of not guilty, the court will set a pre-trial hearing with the City Prosecutor. At this time, the City Prosecutor will advise you of your rights. The prosecutor may offer you a plea agreement. You may accept this agreement or refuse the offer and proceed to trial. Any plea agreement is subject to approval of the Court. If you refuse the plea bargain, a trial date will be given to you at this time.
The following are some of the rights and duties protected and enforced by the Court.
- The right to inspect the complaint before trial and to have it read to you at the trial. You may waive the filing and reading of the complaint;
- The right to hear all testimony introduced against you;
- The right to cross-examine any witness that testifies against you;
- The right to testify in your own behalf;
- The right not to testify. If you chose not to testify, your refusal cannot be held against you; and
- You may call witnesses to testify in your behalf and have the court issue a subpoena (a court order) to any relevant witness to ensure their appearance at the trial. The request for a subpoena must be made in writing two weeks before the scheduled trial date.
- If you are convicted, you may be subject to a $3 jury cost fee, officer's overtime (if off duty) and $5 subpoena fee (if any were requested) and $35 fee to summons a minor's parent (if any were requested).
If you decide on a trial by jury, you have the right to participate in the jury selection. You may question the prospective jurors about their qualifications to hear your case. Refer to section Juror Info. If you think a juror will not be fair, impartial or unbiased, you may ask the judge to excuse the juror. The judge will decide whether to grant your request. You are also permitted to strike three (3) members of the jury panel for any reason you choose for any non-discriminatory reason.
Presenting the Case:
In criminal trials, the State will present its case first by calling witnesses to testify against you.
After each prosecution witness has finished testifying, you may ask the witness questions about his/her testimony or any other facts relating to the case. You cannot 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 defense. It is not required that a defendant present any defense at trial. You have the right to call any witness. The State has the right to cross-examine any witness that you call with information relevant to your case.
Once all testimony is concluded, both sides can make a closing statement. This is your opportunity to tell the court or jury 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 testimony presented during the trial.
Judgment / Verdict:
If the case is tried by a judge, the decision is called a judgment. If a jury tries the case, the jury's decision is called a verdict. The judge or jury can only consider the testimony of witnesses and any evidence properly admitted during the trial.
If you are found guilty by either judge or jury, the penalty will be announced at that time. If you are convicted, you must be prepared to pay the fine and court costs at this time. Refer to section entitled Payments.
New Trial:
If you are found guilty, you may make an oral or written motion to the court for a new trial. The judge may grant a new trial if the judge is persuaded that justice has not been done in the trial. The time limit on filing a Motion for New Trial is 24 hours from conviction.
Appeals:
If you are found guilty and are not satisfied with the judgment of the court, you have the right to appeal your case. First, you must file with the court a written motion to appeal or advise the court at the time of trial that you wish to appeal. The appeal process is complicated and it is recommended that you follow the steps outlined in Appeal Procedures available at the clerk's office. An appeal bond will be required by the court.
Rescheduling a Court Date (Continuance):
If you need to reschedule your trial, you must make the request in writing, state your reasons for the continuance and submit your request to the court two (2) weeks prior to your trial. Requests made less than two weeks of your Court date will not be granted absent special or emergency circumstances. The judge will make a decision whether or not to grant the request. 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);
- A witness is unable to testify in your case, after you have executed due diligence to secure the witness' presence at trial;
- You feel it is necessary in order to receive a fair trial; · Good cause; and
- Any other valid reason not otherwise intended solely to delay the proceedings.
The State of Texas has given us a pamphlet that gives you more information on "Your Rights in Municipal Court". This is attached for your convenience.