Frequently Asked Questions

Your Rights as a Defendant

• You are presumed innocent until proven guilty beyond a reasonable doubt (or plead guilty or no contest).
• You have the right to plead guilty, no contest, or not guilty. Sending in a payment for a charge assume you are pleading guilty.
• You have the right to remain silent and to refuse to testify without consequences.
• You may represent yourself (as a “pro se defendant” as most defendants do) or you may retain a lawyer
  • Representing yourself: While defendants in municipal court have the right to hire a lawyer, most accused of fine-only offenses appear in court pro se (pro se means “for oneself”). If you choose to represent yourself, no one else, including a parent, can represent you other than a licensed Texas attorney represent you. For more information about representing yourself, please visit: http:// www.txcourts.gov/programs-services/self-help/self-represented-litigants/
  • If you have questions about your rights or what to do about your case, you should contact a lawyer. The court clerk or judge cannot advise you about what to do in your case. Every person has the right to hire a lawyer to represent them in court. You will not be given a free, court-appointed lawyer because jail is not a possible sentence in municipal court. If you decide not to hire a lawyer, no one else can represent you. If you do hire a lawyer, all communications must come through and to your attorney).
• You have a right to receive a copy of the complaint before trial as well as other information the state has about your case.

Your Rights during a Trial

• You have a right to a jury trial or a trial before a judge (termed a “bench trial”).
• You have a right to hear all testimony introduced against you.
• You have the right to cross examine witnesses who testify against you.
• You have the right to testify on your own behalf or refuse without consequence.
• You have the right to subpoena and call witnesses to testify on your behalf.
• You have the right to appear within 20 days of any conviction.

Court Security, Interpreters

Members of the public entering the courthouse may not carry weapons and behave respectfully with self-control at all times. Cell phones are allowed in the building but must be turned off or silenced during court proceedings. If you need the services of an interpreter, please notify the Municipal Court Clerk prior to your appearance in court.

Expectations for your Court Appearance: Conduct and Attire

Pro se defendants (those representing themselves without an attorney) should be prepared to present their cases in a proper manner. The Court is not permitted to protect or represent you, or to instruct you on court procedure, evidence, rules, or how to present and prove your case. If you are unprepared, unaware, or uninformed of the means and methods of presenting your case, it may adversely affect your case. In order to promote fairness and respect of those having their case heard in Court, it is important to minimize noise and distractions, including the following:

• Be on time. The courtroom will open 15 minutes prior to docket call.
• Do not argue with the Court.
• Address the Court as “Judge” or “Your Honor.”
• Address opposing parties, counsel, witnesses, and Court Officers as “Mr.”, “Mrs.”, “Miss”, “Officer”, etc. Do not use first names, except with children 14 years of age or younger or unless otherwise instructed by the Court.
• Do not read newspapers, magazines, books, etc. in the courtroom during proceedings.
• Do not talk at the same time as the Court, counsels, witnesses, or other court personnel.
• Racist, sexist, obscene, or profane language or gestures are prohibited unless it is pertinent to a case and is elicited and quoted from facts in the case.
• Do not enter and depart the courtroom excessively.
• Do nothing to disturb or distract the court, counsels, witnesses, and other court personnel. Children must not create a disturbance or be kept out of the courtroom.
• Do not approach the Judge’s bench or Clerk’s desk without permission from the Court. Do not rest arms or hands on the bench.
• Leave all purses, bags, brief cases, etc. at your chair when you are called to the Judge’s bench.
• Have all paperwork and documents (i.e., Driver’s License, Insurance, evidence, etc.) ready when called to approach the Judge’s bench.
• Rise when the Judge enters the courtroom and remain standing until the Judge or Bailiff announces, “Be seated,” or until the Judge is seated. Rise when the Judge exits the courtroom.
• No food, drink, or tobacco products are allowed in the courtroom.
• No chewing gum while testifying or talking to the Court.
• Mute all phones and pagers while in the courtroom. No phone calls in the courtroom.
  
  
  

The following is unacceptable attire for any court appearance:

• Short-shorts and cut-offs
• Muscle shirts, clothing with offensive, vulgar, racist, sexist, obscene, or suggestive words, slogans, depictions, or pictures, including grotesque creatures
• Clothing that is dirty, torn, or ragged
• Visible tongue rings (e.g., flicking rings while talking or waiting to testify)
• Clothing that is immodest (e.g., too tight or too short)
• Hats and caps
• Note: All attorneys making an appearance in Court are expected to dress in appropriate business attire.