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Municipal Court Trial Procedures

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Municipal Court Trial Procedures Municipal Court 4) The right to cross-examine witnesses Trial Procedures admitted during the trial must remain as who testify against you; If you choose to have the case tried before part of the court’s file; therefore, Trial Procedures: 5) The right to testify on your own a jury, you have the right to question jurors documents or photographs contained on a behalf; about their qualifications to hear your case. flash drive, cell phone, tablet, laptop or Roanoke Municipal Court of Record other media may not be admissible. 6) The right not to testify (Your refusal If you think that a juror will not be fair, Purpose to do so may not be held against you impartial, or unbiased, you may ask the After all testimony is concluded, both sides judge to excuse the juror. You are also can make a closing argument. This is your This pamphlet is designed to provide in determining your innocence or permitted to strike three members of the opportunity to summarize the evidence, basic information about criminal guilt.); and jury panel for any reason you choose, present your theory of the case, argue why proceedings in the Northeast municipal 7) You may call witnesses to testify on court. It is not a substitute for legal advice except a strike based solely upon race or the State has failed to meet its burden of your behalf at the trial, and have the gender. proof, and make other arguments allowed from an attorney. You are encouraged to court issue a subpoena (a court order) seek legal advice if you have questions As in all criminal trials, the trial begins by law. You may not provide new facts to any witnesses to ensure their that have not been presented by witnesses about your charge or the consequences of appearance at the trial. with each party given an opportunity to a conviction. Neither the clerk, judge, nor make an opening statement. Then the State during the trial. The State has the right to present the first and last arguments. prosecutor can give you legal advice. Judge’s Ability to Dismiss presents its case first by calling witnesses The municipal judge is responsible for to testify against you. In determining the defendant’s guilt or Your Rights conducting a fair, impartial, and public You then have the right to cross-examine innocence, the judge or jury may consider Under our American system of justice, all trial. The case against you is brought by the State’s witnesses. You may not, only the testimony of witnesses and persons are presumed to be innocent until the State of Texas through the prosecutor, however, argue with the witnesses. Cross- evidence admitted during the trial. The proven guilty. The State must prove you not the court. Therefore, the judge may examination must be in the form of judge or jury must find the defendant guilty guilty “beyond a reasonable doubt” of the not dismiss a case without the prosecutor questions, not statements. “beyond a reasonable doubt.” offense with which you are charged. having the right to try the case. Courtroom Decorum Every criminal defendant has the right to After the prosecution has rested, you may remain silent and refuse to testify (without Pre-Trial Procedures present your case. You have the right to All parties must conduct themselves at all call witnesses who have first-hand facts times in a professional manner. Parties and consequences). You have the right to If you need a continuance, you must put about the incident. The State has the right witnesses should speak clearly and loudly retain an attorney and have them try your the request in writing with your reason for to cross-examine the witnesses that you enough to be heard in the courtroom. No case or answer your questions. Since your request and submit it to the court prior call. shouting, cursing, side comments or other offenses in this court are punishable only to trial. You should consult the Judge’s inappropriate conduct will be allowed by by fine and not by incarceration, you do standing orders or any pre-trial order for If you so desire, you may testify on your the court. Parties and participants shall be not have the right to appointed counsel. more specific details regarding the filing own behalf, but as a defendant, you may referred to by their proper names, such as and granting of motions. You may request not be compelled to testify. It is your If you plead not guilty, the court will “Mister” [last name], “Miss/Misses” [last a continuance for the following reasons: choice, and your silence cannot be used schedule a jury trial. You may waive a name], “Officer” [last name] “Your (1) A religious holy day where the tenets of against you. If you do testify, the State has jury trial and request and have a trial Honor” or “Judge”. Parties may not speak your religious organization prohibit the right to cross-examine you. before the judge, commonly called a over each other or interrupt the Judge when members from participating in secular Evidence “bench” or “non-jury” trial. If you elect he is speaking. Any outward display of activities such as court proceedings (you to represent yourself, no person other than There are numerous rules which govern the disagreement or agreement with a must file an affidavit with the court stating a licensed Texas attorney can assist you admissibility of evidence in a trial. You witnesses’ testimony or a ruling of the this information); (2) you feel it is during a trial. should review the Texas Rules of Evidence Judge is inappropriate and will not be necessary for justice in your case; or (3) by At trial you have many rights including: on how to admit and offer certain evidence, allowed. Any participant who fails to agreement of the parties (you and the 1) The right to have notice of the including photos, diagrams and documents. abide by the rules of decorum shall be prosecutor). The judge decides whether or You may also want to review objections complaint not later than the day subject to discipline by the court including, not to grant the continuance. Failure to regarding testimony and trial procedures. before any proceedings in the but not limited to, being held in contempt. submit a timely request in writing may Things such as out-of-court hearsay prosecution; cause your request to be denied. The Judge may set reasonable time testimony or items printed off the internet restrictions on all parts of the trial, 2) The right to inspect the complaint All Pre-Trial Motions, including motions are often not admissible under the rules of including voir dire, length of witnesses’ before trial, and have it read to you at to dismiss or jurisdictional arguments, evidence. The court cannot assist you in testimony and opening and closing the trial; must be filed prior to any Pre-Trial date set the trial of your case and evidence will statements. 3) The right to hear all testimony forth in a pre-trial order and movant must only be admitted if properly introduced introduced against you; request a hearing. according to the Tex.R.Evid., including laying a proper legal foundation for evidence to be admitted. All evidence .
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