Your Rights in Municipal Court
The purpose of this information is to help you understand court proceedings and
to inform you of your rights and duties as a defendant so that you can be
assured a fair and impartial trial. Nothing contained herein is intended to
be construed as legal advice.
The Trial
Under Texas law, you can be brought to trial only after a sworn complaint is
filed against you. The complaint is a document that alleges what you are
accused of, and that your actions are unlawful.
- You have the right to inspect the complaint before trial, and to have it read to you at trial.
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You have the right to have your case tried before a jury if you
desire.
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You are entitled to hear all testimony introduced against you.
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You have the right to testify in your own behalf. You also have a
constitutional right not to testify. If you choose not to testify, your refusal
cannot and will not be used against you in determining your guilt or innocence.
However, if you do choose to testify, the prosecutor will have the right to
cross-examine you.
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You may call witnesses to testify on your behalf. You also have the
right to have the court subpoena witnesses to ensure their appearance at trial.
However, you must furnish in writing the names, addresses, and telephone
numbers of these witnesses to the Court as soon as possible so that the
witnesses may be located and subpoenas served.
A trial in Municipal Court is a fair, impartial and public trial as in any
other court. A complaint is a document that alleges the act you are accused of
committing and that the act is unlawful. You may be tried only for what is
alleged in the complaint.
If the judge tries the case, the judge's decision is called a judgment. If a
jury tries the case, 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 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 a strike
based solely upon a person's race or gender).
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.
Presenting the Case
As in all criminal trials, the State will present its case first by calling
witnesses to testify against you. After each prosecution witness has finished
his testimony, you will have the right to cross-examine the witness. Your
examination must be in the form of questions and you must not argue with the
witness. Do not attempt to tell your side of the story 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 has knowledge of the incident.
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. As stated previously, if you so desire, you may testify in
your own behalf, but cannot be compelled to do so. It is your own choice and
your silence will not and cannot be used against you.
The Verdict
If the judge tries the case, the judge's decision is called a judgment. If a
jury tries the case, 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 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.
Fines
The amount of fine the court assesses is determined only by the facts and
circumstances of the case. Mitigating circumstance may lower the fine even if
you are guilty. On the other hand, aggravating circumstances may increase the
fine. In no case may a fine exceed $200 for a speeding violation; $500 for
other Class C offenses; and $2,000 for certain city ordinance violations. Court
costs are assessed if you are found guilty of an offense, and must be paid
immediately. State law mandates the court costs. The court costs vary according
to the offense.
Right to Appeal
North Richland Hills Municipal Court is a court of record. A defendant has the
right to appeal, from a judgment of conviction, in a municipal court of record
as provided by Chapter 30, Texas Government Code, Subchapter V. To appeal you
must file an appeal bond with the municipal court within 10 days of the date of
the judgment.
Attorneys
The Municipal Court does not appoint attorneys or lawyers. You may hire an
attorney to represent you in court and have the attorney file a letter of
representation with the court. If you are a juvenile or a minor, and have an
attorney representing you in court, you and your parent must still appear in
Court with your attorney.
