Trial Process
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:
- The right to inspect the complaint before trial, and have it read to you at the trial
- The right to have your case tried before a jury, if you so desire
- If you choose to have a jury, you have the right to question jurors about their qualifications to hear your case.
- 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 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
- The right to hear all testimony introduced against you;
- The right to cross-examine witnesses who testifies against you;
- The right to testify in your behalf;
- 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;
- 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 must be in writing.
If you are found guilty...
You may make an oral or written motion to the court for a new trial.
- The motion must be made within one day after a judgment of guilt has been rendered against you.
- The judge may grant a new trial if the judge is persuaded that justice has not been done in the trial of your case.
- Only one new trial may be granted for each offense.
If you are not satisfied with the judgment of the court, you have the right to appeal your case.
- You must file an appeal bond with the municipal court within 10 days of the judgment if you appeared in open court.
- If you pled guilty or nolo contendere, waived your right to a jury trial and requested the amount of fine and appeal bond, put the request in writing and mailed or delivered it to the court before your initial court appearance date, you have up to 31 days from the time you received a notice from the court to pay the fine or file an appeal bond with the municipal court.