This page explains how cases move through the Fredville Municipal Court. It covers:
- Court appearances
- Pleas
- Pretrial
- The trial
- Presenting your case
- Judgment or verdict
- Fines
- Court costs and fees
- Your right to appeal
- Motion for new trial
- Juveniles
Court Appearances
By law, no later than your court date you must either pay the fine or make an appearance, whether in person or by mail. If you received a citation, your appearance date is printed on it. If you were released on bond, you must appear within 10 days of your release, not counting weekends and holidays. You may appear yourself or through your attorney, either in open court or by mail.
At your first appearance you will enter a plea. If you give up your right to a jury and plead guilty or no contest (nolo contendere), you may explain any extenuating circumstances to the judge. A plea sent by mail counts as filed on time if it is mailed first class through the U.S. Postal Service, with postage paid and correctly addressed to the court clerk, no later than your appearance date. A plea of not guilty leads to a pretrial hearing. If no plea agreement is reached at pretrial, the case is set for trial, and you may ask for either a jury trial or a trial before the judge.
Check-in for the open adult appearance dockets is at 8 a.m. or noon on Mondays, and at noon only on Tuesdays. Each docket can hold only a limited number of people, so plan to arrive early.
Pleas
Choosing a plea is an important decision. Read the descriptions of the three plea options below and think them through before you decide.
Guilty
A guilty plea means you admit that the act is against the law, that you did what you are charged with and that you have no legal defense or excuse. Before pleading guilty, make sure you understand that:
- The State carries the burden of proving that you broke the law;
- You are entitled to hear the State's evidence and to make the State prove its case; and
- If someone suffered damages because of your actions, a guilty plea can be used against you in a civil lawsuit.
No Contest (Nolo Contendere)
Pleading no contest means you are not disputing the State's charge. Unlike a guilty plea, a no contest plea cannot be used against you in a later civil lawsuit for damages.
Not Guilty
A not guilty plea tells the court that you deny the charge or that you have a valid defense. A formal trial follows. As in every criminal case, the State must prove the defendant's guilt "beyond a reasonable doubt." You may choose a jury trial or a trial before the judge; if you want the judge to decide, you will need to sign a jury waiver form.
After a not guilty plea, you will also need to decide whether to hire a lawyer for the trial. You may handle your own defense, but no one except an attorney may speak for you in court.
If you represent yourself, keep in mind that this is a court of record and that every hearing is governed by the formal rules of evidence and criminal procedure. Come prepared. Court staff, the bailiff, the prosecutor and the judge cannot serve as your lawyer, give you legal advice or help you present your case.
Pretrial
The pretrial setting lets you learn exactly what you are charged with and weigh your options. You will meet with the prosecutor to go over the case. Depending on the facts, you may be offered deferred adjudication, a driving safety course or a reduced fine or fee. If you cannot reach an agreement, the case will be scheduled for trial.
The Trial
Under Texas law, no trial can take place until a formal complaint is on file. That complaint, rather than the citation, is the official charging document and states the specific offense you are accused of.
- You may review the complaint before trial and have it read aloud at trial.
- You may ask to have your case decided by a judge or by a jury.
- You are entitled to hear all of the testimony offered against you.
- You may cross-examine every witness who testifies against you.
- You may testify for yourself, and you also have a constitutional right to remain silent. Choosing not to testify cannot and will not be held against you when guilt is decided. If you do take the stand, however, the prosecutor may cross-examine you.
- You may call your own witnesses and ask the court to issue subpoenas to make sure they appear. To allow time to locate and serve them, give the court each witness's name, address and phone number at least 72 hours before trial.
Trials follow the Texas Code of Criminal Procedure and the Texas Rules of Evidence. The docket schedules for Courtroom 1 and Courtroom 2 show which days and times each type of docket is held, such as jury trials, bench trials and juvenile dockets.
Presenting Your Case
As in any criminal trial, the State goes first and calls its witnesses to testify against you.
When each prosecution witness finishes, you may cross-examine that witness. Ask questions only; do not argue with the witness or start telling your side of the story yet. You will get your turn later in the trial.
Once the prosecution rests, you may present your defense by calling witnesses, offering physical evidence and testifying yourself if you choose.
Judgment or Verdict
A decision by the judge is called a judgment, and a decision by a jury is called a verdict. Either way, only sworn witness testimony and evidence admitted at trial may be considered. If you are found guilty, the penalty is announced at that time, and the judge will allow 10 days for you to either pay the fine or ask for a new trial by written motion.
Fines
The fine in each case is based solely on its facts and circumstances. Under state law, the maximum fine is $200 for most traffic offenses heard in municipal court, $500 for penal offenses, $2,000 for certain city ordinance violations and $500 for other ordinance violations. Fines can be paid by cash, check, money order, or Visa or MasterCard credit or debit card. A drop box outside the court building is available 24 hours a day; anything left in it is stamped "received" on the next business day. To see the fine schedule, use the citation and warrant search.
Court Costs and Fees
A guilty finding adds state-mandated court costs to the total you owe, and the amount varies by offense. Court costs also apply when a case is resolved through defensive driving, deferred adjudication or probation.
Your Right to Appeal
If you are found guilty and disagree with the court's judgment, you may appeal. Since Fredville's municipal court is a court of record, appeals must follow the process in the Texas Government Code, including the state law governing municipal courts of record and the provisions that apply specifically to Fredville. An appeal reviews legal errors only; it is not a new trial of the facts.
Motion for New Trial
After a guilty finding, you may ask in writing for a new trial. A new trial may be granted when the judge is convinced that justice was not done at your trial. The motion must state the legal grounds for your request. If the motion is denied, you must post an appeal bond, file a notice of appeal and provide a transcript of the proceedings.
Juveniles
The municipal court hears Class C misdemeanor cases against juveniles ages 10 through 16, except public intoxication charges. Juveniles must appear in open court for every proceeding in their case, and a parent must come to court with the child each time. See the juvenile cases page for more.
A juvenile who fails to appear or does not complete a sentence will be reported to the Texas Department of Public Safety, which may suspend the juvenile's driver's license or keep the juvenile from getting one.
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