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TRIAL
Innocent
Until Proven Guilty
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 and the State is required to prove what it
charges in the complaint "beyond a reasonable doubt"
before a Guilty verdict can be reached.
Under
Texas law, the Defendant can be brought to trial only after
a formal complaint is filed. The complaint is the document
that alleges what the Defendant is alleged to have done, and
the fact that such action is unlawful. The Defendant can be
tried only for what is alleged in the complaint. Trials are
conducted under the Code of Criminal Procedure as adopted
by the Texas Legislature. These
laws may be found in Chapter 45 of the Texas Code of Criminal
Procedure.
- The Defendant has the right to inspect the complaint before
trial and have it read to him at the trial itself.
- The Defendant is entitled to hear all testimony introduced
against him.
- The Defendant has a right to cross-examine any witness
who testifies against him.
- The Defendant has the right to testify in his own behalf.
The Defendant also has the right not to testify. If the
Defendant chooses not to testify, his refusal cannot be
considered in determining innocence or guilt of the charge.
- The Defendant may call witnesses to testify in his own
behalf at the trial.
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Presenting
the Case
As in all criminal trials, the State will present its case
first by calling witnesses to testify against the Defendant.
The Defendant will have the right to cross-examine each prosecution
witness. In other words, the Defendant can ask the witness
questions about their testimony. However, the Defendant cannot
argue with the witness. The Defendant's cross-examination
of the witness must be in the form of questions only. Do not
attempt to tell the Defendant's version of the incident at
this time. The Defendant will have an opportunity to do so
later if he testifies.
After the State has presented its case, the Defendant may
present his case. He has the right to call any witness who
knows anything about the incident, but the witnesses can testify
only about matters of which they have personal knowledge.
If the Defendant chooses, he may testify in his own behalf.
The Defendant cannot be compelled to testify and his silence
cannot be used against him. The State also has the right to
cross-examine all witnesses called by the Defendant. If the
Defendant testifies in his own behalf, the State may cross-examine.
After
testimony is concluded by both sides, the Defendant can make
a closing argument by telling the Court why he feels that
he is Not Guilty of the offense charged. But such statements
can only be based on the testimony heard during the trial.
Additional testimony is not admissible in the closing argument.
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The Verdict
The verdict will be based on the testimony and the facts presented
during the trial. In making the determination, the Judge or
Jury can only consider the testimony of the witnesses who
testify under oath. If found Not Guilty, the Defendant will
be acquitted of the charge(s). If the Defendant is found Guilty,
the Judge will announce the penalty at that time.
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Fines
The amount of fine assessed by the Court is affected only
by the facts and circumstances of the case. Mitigating circumstances
may lower the fine, even if the Defendant is Guilty, while
aggravating circumstances may increase the fine. In no case
may the fine exceed $200 for most traffic violations, $500
for certain penal code violations, and $1 to $2,000 for certain
Town ordinance violations. Please see Payment
Options for an explanation on how to submit payment to
the Court.
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Court
Costs
Court costs will be charged if the Defendant is found Guilty
and assessed a fine, regardless of the amount. Court costs
in the Municipal Court are set by the State, not by the Court.
Court costs must also be charged even if the fine is suspended
and final disposition of the case is dismissed under the Deferred
Disposition procedure. If a warrant is issued, a warrant fee
of $50 will be added to the fine and court costs.
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Appeals
The Trophy Club Municipal Court is a Court of Record. All
judgments may be appealed in certain circumstances in accordance
with procedures established by Subchapter VV, Chapter 30,
and Texas Government Code. Appeals are limited to a review
of errors present in the record of the trial court. The Defendant
will not be given a new trial in the appellate court; although
that court may order a new trial if the Defendant's appeal
is successful in certain particulars. A transcript and statement
of facts will be necessary if the Defendant chooses to appeal.
The Defendant will generally be responsible for paying for
the preparation of those items. Requests for the transcription
of the trial must be made in advance.
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Nothing contained herein is intended to be nor should be
construed as legal advice and should not be relied upon as
such.
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