CITY OF SAN MARCOS, TEXAS

MUNICIPAL COURT

PROCEDURES

COURT APPEARANCES PLEAS THE TRIAL PRESENTING THE CASE JUDGMENT/VERDICT JUVENILES FINES COURT COSTS DRIVING SAFETY COURSES ROLE OF THE JUDGE ROLE OF THE CLERKS ROLE OF THE PROSECUTOR

(The following information has been provided for general information only. This does not constitute legal advice.  If you have questions concerning your legal rights or obligations you should consult an attorney.)

COURT APPEARANCES

The law requires you to appear in court on your case. A PHONE CALL IS NOT AN APPEARANCE.  If you were issued a citation, you have ten days from the date of the citation to contact the court.  Note: the court will not have your citation immediately after you receive it.  If you have been released on bond, your appearance date is set on the bond. If you request a continuance the court will notify you of your new appearance date (SEE CONTINUANCES BELEOW). You or your attorney may appear in person in open court, by mail, or you may deliver your plea in person to the court. (Juveniles have a separate set of rules for their appearance. See juveniles below).

Unless you request otherwise, your first appearance is to determine your plea (Plea Docket). If you waive a jury trial and plead guilty or nolo contendere (no contest), you may talk to the judge about extenuating circumstances that you want the judge to consider when setting your fine, but the judge is not required to reduce your fine. Before pleading guilty or no contest you will want to read the section on pleas. If you plead not guilty, the court will schedule a jury trial unless you waive that right. If you do, the trial will be before the judge. When you make your appearance by mail, the court must receive your plea before your scheduled appearance date. If you plead guilty or no contest, you must include a waiver of jury trial. If you plead not guilty, the court will notify you of the date of your trial.  The prosecutor is usually in attendance at the Plea Docket (SEE ROLE OF THE PROSECUTOR BELOW).

PLEAS

Under our American system of justice, all persons are presumed to be innocent until proven guilty. On a plea of not guilty, a trial is held. As in all criminal trials, the State must prove the guilt of a defendant "beyond a reasonable doubt" of the offense charged in the complaint before the defendant can be found guilty by a judge or jury.

Your decision concerning which plea to enter is very important. You should read the following explanation of all three types of pleas and think carefully before making your decision. If you plead guilty or nolo contendere, you should be prepared to pay the fine. You should contact the court regarding how to make payment.

Plea of Guilty ‑‑ By a plea of guilty, you admit that the act is prohibited by law and that you committed the act charged. Before entering your plea of guilty, however, you should understand the following:

(1) In a trial, the State has the burden of proving that you violated the law (the law does not require that you prove you did not violate the law);

(2) You have the right to a trial to hear the State's evidence and to require the State to prove you violated the law; and

(3) A plea of guilty may be used against you later in a civil suit if there was a traffic accident (another party can say you were at fault or responsible for the accident because you pled guilty to the traffic charge).

Plea of  Nolo Contendere (no contest) ‑‑ A plea of nolo contendere means that you do not contest the State's charge against you. You will almost certainly be found guilty, unless you are eligible and successfully complete a driving safety course and/or court ordered probation. Also, a plea of nolo contendere may not be used against you in a subsequent civil suit for damages.

Plea of Not Guilty ‑‑ A plea of not guilty means that you deny guilt, and that the State must prove the charge that it filed against you. If you plead not guilty, you need to decide whether to hire an attorney to represent you (SEE TRIAL BELOW).

THE TRIAL

A trial in municipal court is a fair, impartial and public trial as in any other court.  It will be conducted in accordance with the same rules of procedure and evidence as in any other court.  Under Texas law, you may be brought to trial only after a sworn complaint is filed against you. A complaint is a document that alleges the act you are supposed to have committed and that the act is unlawful. You may be tried only for what is alleged in the complaint. You have the following rights in court:

(1) The right to have notice of the complaint not later than the day before any proceedings;

(2) The right to inspect the complaint before trial, and have it read to you at the trial;

(3) The right to have your case tried before a jury, if you so desire;

(4) The right to hear all testimony introduced against you;

(5) The right to cross‑examine witnesses who testifies against you;

(6) The right to testify in your behalf,

 (7)   The right not to testify, if you so desire. If you choose not to testify, your refusal to do so may not be held against you in determining your innocence or guilt; and

 (8)   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 may be oral or in writing.

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 choose a trial by jury, you will be required to appear at a pre-trial hearing.  The pre-trial hearing is your opportunity to show the judge any exhibits, such as documents, you may want to enter into evidence at trial and determine if the item is admissible.  The judge will also take the opportunity to explain jury trial procedures in greater detail. 

PRESENTING THE CASE

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 may not, 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 that you call.

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 and evidence 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 may 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. Unless you plan to appeal your case, you should be prepared to pay the fine at this time.

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 JUVENILES

The municipal court has jurisdiction over juveniles (under age 17) charged with most Class C misdemeanor offenses except Sec. 49.02, P.C., public intoxication, and the following traffic offenses: Sec. 502.282, T.C., registration with amateur radio plates; Sec. 502.412, T.C., operating a vehicle at a weight greater than the registration application; Sec. 550.021, T.C., accident involving personal injury or death; Sec. 550.022, T.C., accident involving damage to vehicle; and Sec. 550.024, T.C., duty on striking unattended vehicle. All juveniles are required to appear in open court for all proceedings in their cases. The parent of a juvenile charged in municipal court must be present in court with their child. Juveniles who fail to appear in court may have an additional charge of failure to appear filed against them. Juveniles who fail to appear or who fail to pay their fine will be reported to the Department of Public Safety who will suspend or deny issuance of a driver's license.

FINES

The fine amount printed on the back of the citation or that you are given over the phone is the court’s suggested fine, and including court costs, for defendants who do not wish to appear in court.

The amount of fine assessed at trial, or after pleading guilty or nolo contendere and speaking to the judge, 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. The maximum fine for most municipal court traffic violations is $200; for municipal court penal violations‑‑$500; for certain city ordinance violations‑‑$2,000; and for other city ordinance violations‑‑$500.

COURT COSTS

In addition to a fine, 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 trial, you may have to also pay the costs of overtime paid to a peace officer spent testifying in the trial. If you request a jury trial, an additional $3 jury fee is assessed. If a warrant was served or processed by a peace officer, an additional $50 fee is also assessed.

Court costs are assessed if you are found guilty at trial, if you plead guilty or nolo contendere, if your case is deferred for a driving safety course, or if your case is deferred and you are placed on probation. If you are found not guilty, court costs cannot be assessed.

DRIVING SAFETY COURSES

If you are charged with a traffic offense, you may be eligible to take a driving safety course (DSC) to dismiss the charge. It may be made either orally or in writing (click here for FORM).  Information regarding the driving safety course and a form to request the course may be found on the back of your copy of the citation.  If you were operating a motorcycle, you must take a motorcycle operator's training course. If you were the driver charged with not wearing a safety belt or transporting a child not in a safety belt or child passenger safety seat system, you must take a driving safety course that has four hours of instruction about seat belts and child passenger safety seat systems.

At the time of the request, you must do the following:

(1) Present proof of financial responsi­bility (liability insurance);

(2) Plead guilty or nolo contendere; and

(3) Pay court costs and an administrative fee, if required.

The case will be postponed for 90 days to allow you time to complete the course. You must attend a driving safety course that has been approved by the Texas Education Agency or a motorcycle operator's course approved by the Department of Public Safety.

You are eligible to request this course if you:

(1)  Have a valid Texas Drivers License, or if part of an active millitary family with valid drivers license from another state.

(2) Have not requested and taken a driving safety course or motorcycle operator course for a traffic offense within the last 12 months;

(3) Are not currently taking the course for another traffic violation;

(4) Do not hold a Commerical Drivers License (CDL).

(5) Have not committed one of the following offenses:

     (a)     Failure to Give Information at Accident Scene;

     (b)     Leaving Scene of Accident;

          (c)     Fleeing or Attempting to Elude a Police Officer;

              (d)     Reckless Driving;

              (e)     Passing a School Bus;

              (f)     An offense in a construction maintenance zone when workers are present.

  (g)     Speeding 25 mph or more over limit

To show the court that you are eligible, you must:

(1) present a certified copy of your driving record from the Department of Public Safety that shows that you have not had a driving safety course within the preceding 12 months; and

(2) swear to an affidavit that you ate not currently taking a driving safety course and that you have not taken one that is not shown on your driving record.

If you do not take the course in the time required and/or fail to present the court with a certificate of completion, the court will notify you to return to court and show cause as to why you failed to show proof of completion. If you have a good reason why you were unable to present your proof within the time required, the judge may, but is not required to, grant you an extension. Your failure to be present at that hearing will result in a warrant for your arrest being issued. An additional charge may also be filed.

ROLE OF THE JUDGE

The judge insures that all persons before the court are treated fairly and equally.  The judge insures that the orders of the court are followed.  The judge presides over all trials and hearings on other matters.  The judge sets the terms and conditions of deferred dispositions and other sentences. 

ROLE OF THE CLERKS

The clerks are the administrators of the court.  They carry out the orders of the judge and the procedures and policies mandated by the state or other authority.  The clerks do not decide policies, procedures, laws or fines, so do not address your concerns to them if you do not like or feel inconvenienced by one of the above.  They may not change the court’s orders or make exceptions to the court’s rules for any individual.  They may not give you legal advice or interpret the law for you.  They may not tell you what they think the judge or the prosecutor will do in your case. They can answer factual questions regarding the information they have. 
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ROLE OF THE PROSECUTOR

The prosecutor is the attorney for the City and the State.  The prosecutor is not your attorney.  You have the right not to speak to the prosecutor.  If you choose to speak to the prosecutor be aware that any statement you make may be used against you should you choose to proceed to trial.