Upon maintaining a plea of Not Guilty, you will be set for either a Jury Trial or a Bench Trial. At that time, it is the State’s burden to prove “beyond a reasonable doubt” the charges brought against you in a formal complaint. The complaint is a sworn document which alleges the offense you have allegedly committed and that the conduct was unlawful. Only the offenses alleged in the formal complaint may be brought to trial. Trials are conducted under the laws found in chapter 45 of the Texas Code of Criminal procedure as adopted by the Texas Legislature.
If you elect to proceed with a Jury Trial, you will be required to appear for a Motion Hearing prior to your actual Jury Trial date. Jurors from the Town of Trophy Club will be summoned to appear for service. Both you and the Prosecutor will have the opportunity to question the jury pool to determine any biases which could prevent a fair and impartial trial. Both sides may also strike up to three potential jurors during the voir dire process. From the remaining jury pool, six jurors will be selected to hear your case and determine guilt or innocence.
If you elect to proceed with a bench trial, the presiding Judge will hear all evidence presented for your case and determine guilt or innocence.
The Trophy Club Municipal Court is a Court of Record. Appeals will be limited to a review of errors present in the record of the trial. You will not be given a new trial in the appellate court unless the appeal is successful. A transcript and statement of facts will be necessary if you choose to appeal and you will be responsible for cost of the preparation of those items.