General Information on Municipal Court Procedures

1. The right to inspect the complaint before a trial and have it read to you at the trial;

2. The right to have your case tried before a jury;

3. The right to hear all testimony introduced against you;

4. The right to cross-examine any witness who testifies against you;

5. The right to testify in your behalf;

6. The right not to testify. If you choose not to testify your refusal cannot be held against you in determining your innocence or guilt; and

7. 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 should be in writing, at the time you enter your plea, and include all names and addresses.

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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 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 chose, except an illegal reason such as a person's race.

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 cannot, 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 you call.

If you desire, you may testify in your own behalf. As a Defendant, however, you cannot 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 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.

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Continuances: If you need a continuance for your trial you must put the request in writing and submit it to the Court with your reasons 7 days before a jury trial or 1 day before a bench trial. The Judge will make the 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 a member from participating in secular activities such as court proceedings (an affidavit stating this information must be filed with the Court); or

2. You feel it is necessary for justice in your case.

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Judgment/Verdict: If the case is tried by the Judge, the Judge's 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 can consider only the testimony of the 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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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.

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Court Costs: In addition to a fine, other 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 jury trial an additional jury fee may be assessed. If a warrant was served or processed by a peace officer an additional $50.00 fee is assessed.

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Appeal: If you are found guilty and are not satisfied with the judgment of the Court, you may have the right to appeal your case. To appeal, unless you are in a Court of record, you must file a two surety misdemeanor appeal bond with the Municipal Court with 10 days of the judgment.

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Juveniles: The Municipal court has jurisdiction over juveniles, 16 years or younger, charged with Class "C" misdemeanor offenses except public intoxication. All juveniles are required to appear in open court for all proceedings in their cases. The parent of any juvenile charged in Municipal Court is required to be present in court with their child. Juveniles who fail to appear or who fail to pay their fine will be reported to the Department of Public Safety. The Department of Public Safety will suspend their driver's license. If they do not have a driver's license they will not be able to obtain one until they appear in Court to dispose of their fine.

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Driving Safety Courses: If you are charged with a traffic offense under Subtitle C of the Transportation Code you may ask the Judge, within 10 days after receiving the citation, to take a Driving Safety Course. If you were operating a motorcycle and request to take a Driving Safety Course you may take a motorcycle operator's training course. At the time of the request you must do the following:

1. Present your driver's license;

2. Present proof of financial responsibility (liability insurance);

3. Plead guilty or no contest; and

4. Pay court costs and an administration fee, if required.

Prosecution of the traffic offense will be postponed for 90 days to allow you time to complete the course. You are required to attend 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 within 120 days.

You are eligible to request this course if you:

1. have not requested and taken a driving Safety Course for a traffic offense within the last 12 months.

2. Are not currently taking the course for another traffic violation;

3. Have not committed the offense of speeding 25mph, or more, over the speed limit; and

4. Have not committed one of the following offenses:

   1. Any Commercial Motor Vehicle Violation;
   2. Leaving the Scene of an Accident;

   3. Failing to Stop/Render Aid;

   4. Failure to Report an Accident;

   5. Reckless Driving;

   6. Overtaking and Passing a School Bus;

   7. Fleeing or Attempting to Flea a Peace Officer.

If you fail, within 120 days, to provide proof you have completed the Driving Safety Course, within 90 days, you will be required to appear for a Show Cause Hearing. Failure to be present at the hearing will result in a Failure to Appear charge being filed and warrant being issued for your arrest. 

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