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Trials

If you wish to plead Not Guilty and request a trial before a judge or jury, you may request a Pre-Trial hearing (See Printable Forms - Not Guilty-Trial Request) with the Prosecutor to discuss the available options and to discuss the exact merits of the case that will be disputed in trial.  If you have any witnesses that need to be subpoenaed, you will need to bring the names and current addresses to your Pre-Trial hearing or to the Court as soon as possible.

You may represent yourself in the trial or you may hire an attorney. If you choose to represent yourself you will be held to the same standards and knowledge as a licensed attorney in the State of Texas.

A trial in municipal court is a fair, impartial and public trial as in any other court. Under Texas law, your can be brought to trial only after a sworn complaint is filed against you. A complaint is a document, which alleges the act, or conduct you are supposed to have committed. You can only be tried for what is alleged in the complaint. As in all criminal trials, the State is required to prove the guilt of the Defendant "beyond a reasonable doubt" of the offense charged in the complaint before a Defendant can be found guilty by a judge or jury.

You have the following rights in court:

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

The right to have your case tried before a judge, or a jury, if you so desire;

The right to hear all testimony introduced against you;

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

The right to testify on your own behalf;

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; and

The right to call witnesses to testify on your behalf at the trial, and have the court issue subpoenas (a court order) to any witness to ensure their appearance at the trial.

As in all criminal trials, the State will present its case first by calling witnesses to testify against you.

After the prosecution witnesses have finished testifying, you have the right to cross-examine. You may ask the witnesses questions about their testimony or any other facts relevant to the case. You may not argue with the witnesses or ask them to agree to statements that you make. Your cross-examination of the witness must be in question form 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 desire, you may testify on your own behalf, but as a Defendant, you cannot be compelled to testify. It is your own 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 has been heard, both sides may 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 first and last arguments. The closing argument can be based only on the testimony presented during trial.