The Trial

A trial in municipal court is a fair, impartial and public trial as in any other court. Under Texas law, you can be brought to trial only after a sworn complaint is filed against you. A complaint is the document which alleges what act you are supposed to have committed. You can be tried only for what is alleged in the complaint.

You have the following rights in court:

1. The right to inspect the complaint before trial and have it read to you at the trial.
2. The right to choose either a jury trial or a non-jury (bench) trial.
3. The right to hear all testimony and see all evidence introduced against you.
4. The right to cross-examine any witness who testifies against you.
5. The right to testify on your behalf.
6. The right not to testify, if you so desire. If you choose not to testify, your refusal to do so cannot be held against you in determining your innocence or guilt.
7. You may call witnesses to testify in your behalf at the trial and have the court issue a subpoena (court order) to any witnesses to ensure their appearance at the trial. The request for a subpoena must be in writing and submitted to the prosecutor at least 10 days before trial.

If you are found guilty or failed to appear, you may be assessed the cost of overtime for a Police Officer's appearance at court. If you request a trial by jury and fail to appear, you may be assessed the cost of impaneling a jury.

Continuances

If you need to delay and/or reschedule your pre-trial or trial , you must put the request in writing and state the reason for your request. Except in an emergency, your request must be received by the court at least five (5) days prior to trial. The judge will make a decision whether or not to grant the continuance. You may contact the Judges' office (361-886-2520) to learn of the judge's decision.

If your motion for a continuance is denied and you fail to appear a warrant for your arrest will be issued.

Presenting the Case

You have the right to hire an attorney to represent you or you may retain the right to represent yourself. The City will NOT provide you an attorney. Whether you have an attorney or represent yourself, the rules of procedure and evidence will apply.

 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 judgewill 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 to strike based solely upon a person's race or gender).

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 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 only. You may not tell your version 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 your case and to offer into evidence pictures, documents, or other evidence. The State has the right to cross-examine any witness that you call. If you so desire, you may testify in your own behalf, but as a defendant, 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 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 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 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. You should be prepared to pay the fine at this time.