Trial in Municipal Court

A trial in Municipal Court is a fair and impartial.  Trials are open to the public. Under Texas law, a defendant may be brought to trial only after a sworn complaint is filed. A complaint is a document that states the act a defendant is alleged to have committed and the elements that classify the act as unlawful. A defendant may be tried only for what is alleged in the complaint. A defendant has the following rights in court:

• The right to inspect the complaint before trial, and have it read to you at the trial
• The right to have notice of the complaint not later than the day before any proceedings
• The right to have your case tried before a jury, if you so desire
• The right to hear all testimony introduced against you
• The right to cross-examine witnesses who testify against you
• The right to testify on your behalf
• The right not to testify, if you so desire. If you choose not to testify, your refusal to do so may not be held against you in determining your innocence or guilt
• You may call witnesses to testify on your behalf at your trial and have the court issue a subpoena (a court order) to any witnesses to ensure their appearance at the trial 

Bench Trial/Jury Trial

A judge does not have the authority to dismiss a criminal charge against a defendant without a trial unless expressly authorized under the law.

Upon a plea of Not Guilty, a defendant will be asked to decide between a Bench Trial or a Jury Trial.  A defendant that refuses to select between a Bench Trial and a Jury Trial will automatically be set for a Jury Trial.  All defendants pleading Not Guilty will be set for a Pretrial with the City Prosecutor.

Pretrial Hearing

A Pretrial Hearing is a court appearance in which the defendant and the prosecutor meet to discuss any motions that the defendant or his/her attorney wish to file prior to trial.  A Pretrial Hearing also provides the State and the defendant an opportunity to discuss possible plea agreements in an effort to resolve a case before proceeding to trial.  The judge is available during the Pretrial Hearing to consider any motions presented and/or plea agreements.  While a defendant's appearance at the Pretrial Hearing is a required court appearance, a defendant may decline to discuss the case with the prosecutor and simply request to proceed to trial.

Bench Trial

A bench Trial is a trial before a Judge. A defendant will present his/her case to the judge who then determines innocence or guilt. A defendant that selects a Bench Trial waives his/her right to a Jury Trial.

Jury Trial

In Municipal Court, the defendant having selected a Jury Trial will present his/her case to a panel of six (6) jurors. The selected jurors will determine innocence or guilt. A defendant that fails to appear at a Jury Trial may be assessed the cost of impaneling the jury.

Vior Dire

A juror has a duty to be fair, impartial, and unbiased. A defendant that requests a Jury Trial has the right to question jurors about their qualifications to hear the case. Jurors are selected or rejected based on whether they have any biases that would affect the outcome of a trial.  This process is called Vior Dire. A defendant may request that the judge dismiss a juror that he/she believes is unfair, partial, or biased. The judge will decide whether or not to grant this request. In each jury trial, a defendant is permitted to strike three (3) members of the jury panel for any reason, except an illegal reason (such as a strike based solely upon an individual's race or gender).