THE TRIAL
A trial in Municipal Court is a fair, impartial and public trial as in any other court. Under Texas law, you may be brought to trial only after a sworn complaint is filed against you. A complaint is a document that charges the commission of an offense.
You may be tried only for what is alleged in the complaint, and you have the following rights in court:
(1) The right to have notice of the complaint not later than the day before any proceedings;
(2) The right to inspect the complaint before trial, and have it read to you at the trial;
(3) The right to have your case tried before a jury, if you so desire;
(4) The right to hear all testimony introduced against you;
(5) The right to cross-examine witnesses who testify against you;
(6) The right to testify in your behalf;
(7) 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; and
(8) You may call witnesses to testify in your behalf at the trial, and have the Court issue a subpoena (a court order) to any witnesses to ensure their appearance at the trial. The request for a subpoena may be orally or in writing.
If you choose to have the case tried before a jury, you have the right to question jurors about their qualifications to hear your case. If you think that a juror will not be fair, impartial or unbiased, you may ask the judge to excuse that juror. The Judge will decide whether or not to grant your request. In each jury trial, you are also permitted to strike three members of the jury panel for any reason you choose, except an illegal reason (such as a strike based solely upon a person?s race or gender).
CONTINUANCES
If you need a continuance for your trial, you must make the request in writing and submit it to the Court with your reasons at least 72 hours prior to your trial date. The Judge will make a decision whether or not to grant the continuance. You may request a continuance for the following reasons:
(1) A religious holy day where the tenets of your religious organization prohibit members from participating in secular activities such as court proceedings (you must file an affidavit with the court stating this information); or
(2) That you feel it is necessary for justice in your case.
PRESENTING THE CASE
As in all criminal trials, the State will present its case first by calling witnesses to testify against you. After prosecution witnesses have finished testifying, you have the right to cross-examine. In other words, you may ask the witnesses questions about their testimony or any other fact relevant to the case. You may not, however, argue with the witness. Your cross-examination of the witness must be in the form of questions only. You may not tell your version of the incident at this time as you will have an opportunity to do so later in the trial.
After the prosecution has presented its case, you may present your case. You have the right to call any witness who has knowledge about the incident. The State has the right to cross-examine any witness that you call.
If you so desire, you may testify in your own behalf, but as a defendant, you may not be compelled to testify. It is your choice, and your silence cannot be used against you. If you do testify, the State has the right to cross-examine you.
After all testimony is concluded, both sides can make a closing argument. This is your opportunity to tell the court why you think that you are not guilty of the offense charged. The State has the right to present the first and last arguments. The closing argument may be based only on the testimony presented during the trial.
JUDGMENT/VERDICT
If the case is tried by the judge, the decision is called a judgment. If the case is tried by a jury, the decision is called a verdict. In determining the defendant?s guilt or innocence, the judge or jury may consider only the testimony of witnesses and any evidence admitted during the trial.
If you are found guilty by either the judge or jury, the penalty will be announced at that time. Unless you plan to appeal your case, you should be prepared to pay the fine at this time.
FINES
The amount of fine the court assesses is determined only by the facts and circumstances of the case. Mitigating circumstances may lower the fine, even if you are found guilty. On the other hand, aggravating circumstances may increase the fine. The maximum fine for most municipal court traffic violations is $200; for Penal Code violations, Health and Safety Code violations and Alcohol Beverage Code violations, $500; and $2,000 for certain city ordinance violations.
COURT COSTS
In addition to a fine, court costs mandated by state law will be charged. The costs are different for various offenses. If you request a trial, you may be required to pay the costs of overtime paid to a peace officer spent testifying in the trial. If you request a jury trial, an additional jury fee is assessed. If a warrant was served or processed by a peace officer, an additional $50 fee is also assessed.
Court costs are assessed if you are found guilty at trial, if you plead guilty or no contest, if your case is deferred for a Driving Safety Course, or if your case is deferred and you are placed on probation. If you are found not guilty, court costs cannot be assessed.
APPEAL
If you are found guilty, and are not satisfied with the judgment of the court, you have the right to appeal your case. To appeal, you must file an appeal bond with the Municipal Court within ten (10) days of the judgment if you appeared in open court. If you pled guilty or no contest, waived your right to a jury trial and requested the amount of the fine and appeal bond, put the request in writing and mailed or delivered it to the Court before your initial court appearance date, you have up to 31 days from the time you received a certified notice from the Court to pay the fine or file an appeal bond. Defendants in courts of record should check with the court for rules regarding appeals.
JURY SERVICE
Cases heard by the Farmersville Municipal Court are Class C misdemeanor violations that are punishable by fine only. Jurors are selected from a random list of voter registrations and/or city utility registers. Jury service is normally for one day, and jurors are paid $6.00 per day.
Why is Jury Service Important?
The United States Constitution and the Texas Constitution guarantee all people, regardless of race, religion, sex, national origin, or economic status, the right to trial by an impartial jury. Justice ultimately depends to a large measure upon the quality of the jurors who serve in our courts.
What Is My Duty As A Juror?
As a juror, you must be fair and impartial. Your actions and decisions must be free of any bias or prejudice. Your actions and decisions are the foundation of our judicial system.
How Was I Selected?
You were selected at random from a list of voter registrations, a list of driver registrations, or a utility register from the city or county in which you live.
Am I Eligible?
Jurors must:
? be a citizen of the United States and of this State;
? be at least 18 years of age;
? beside in the county of jury service;
? be able to read, write and communicate in English; and
? be of sound mind.
You cannot serve on a jury if:
? you have been convicted of a felony or of any type of theft (unless rights have been restored);
? you are now on probation or deferred adjudication for a felony or for any type of theft; or
? you are now under indictment for a felony or are now under criminal charges for any type of theft.
If you are in doubt, or think you may not be qualified to serve on a jury for one of the above or any other reasons, please notify the clerk or bailiff.
Who Can Be Excused From Jury Service?
You are entitled to be excused as a juror if you:
? are over 70 years of age;
? have legal custody of a child under 10 years of age and jury service would leave the child unsupervised;
? are a student in class;
? are a member of the United States military forces serving on active duty and deployed to a location away from your
home station and out of your county of residence;
? are the caretaker of a person who is unable to care for themselves (an invalid); or
? can show a physical or mental impairment or an inability to comprehend or to communicate in English.
What Are The Different Types Of Cases?
There are two basic types of cases, criminal and civil (including family cases).
Criminal Cases
A criminal case results when a person is accused of committing a crime. You, as a juror, must decide whether the person charged is guilty or not guilty. The accused person is presumed innocent, and the State, represented by the District or County Attorney, must prove guilt ?beyond a reasonable doubt.?
Civil Cases
A civil case results from a disagreement or dispute between two or more parties. In a civil case, you, as a juror, must answer questions of disputed facts based upon the testimony and evidence admitted by the Judge. The answers to these questions are called the verdict.
Will I Be Paid For Being A Juror?
Yes, you will be paid not less than $6 for the first day or fraction of the first day served and not less than $40 for each day or fraction of each day served after the first day.
Must My Employer Pay Me While I Am On Jury Duty?
Your employer is not required to pay you while on a jury; however, employers are prohibited by law from firing an employee for serving as a juror.
Who Can Have A Jury Trial?
Any person charged with a criminal offense or any party to a civil case has a right to a jury trial. All parties are equal before the law and each is entitled to the same fair treatment.
Are There Rules About Jury Conduct?
Yes. The Texas Supreme Court has rules to assist you in your conduct as a juror, which will be given to you by the Judge.
What If I Fail To Respond To A Jury Summons Or Give Incorrect Information To Get Out Of Service?
The consequences of not appearing for jury service or falsely claiming an exemption can involve a fine, contempt of court and/or criminal penalties.
How Is A Juror Selected For A Particular Case?
Cases will usually be heard by juries of 6 or 12 jurors. A larger group, called a panel, will be sent to the trial court (courtroom) where the jurors will be questioned under the supervision of the Judge. A juror may be excused from the panel if it is shown that the juror cannot act impartially concerning the case to be heard. In addition, each side is allowed to remove a given number of jurors from the panel without having to show any reason. However, a juror may not be removed because of his or her race or gender. The trial jury will be the first 6 or 12 of the remaining jurors on the panel.
What Is Voir Dire Or Questioning Of The Jury Panel?
It is a way for the parties to select a fair and impartial jury. Under the justice system, you may be questioned by each of the lawyers before they decide to remove a certain number of jurors from the jury panel. For example, the lawyer may ask you questions to see if you are connected to the trial or if you have any prejudice or bias toward anyone in the trial. These questions are not intended to embarrass you, but rather to help the lawyers in the jury selection process. You may ask the Judge to allow you to answer some questions away from the other jurors.
What If I Have A Special Need Or Emergency?
After you have been selected as a juror on a trial panel, if you have a special need or emergency, tell the bailiff.
May I Discuss The Case After It Is Over?
After you are discharged from jury service, you are released from the obligation of secrecy. You will then be free to discuss the case and your deliberations with anyone. However, you are also free to decline to discuss the case and your deliberations if you wish.
ORDER OF EVENTS AT THE TRIAL
Opening Statements
The lawyers for each side may explain the case, the evidence they will present, and the issues for you to decide.
Presentation Of Evidence
The evidence consists of the testimony of witnesses and the exhibits allowed by the Judge. Exhibits admitted into evidence will be available to the jury for examination during deliberations. You have a right to ask for them. You will be asked to make decisions regarding disputed facts; therefore, your attention at all times is critically important. Juror note-taking or the submission of questions by jurors to witnesses will be determined by the Judge.
Rulings By The Judge
The Judge may be asked to decide questions of law during the trial. Occasionally, the Judge may ask jurors to leave the courtroom while the lawyers make their legal arguments. The jurors should understand that such interruptions are needed to make sure that their verdict is based upon proper evidence, as determined by the Judge under the Rules of Evidence. You may give the evidence whatever weight you consider appropriate.
Instructions To The Jury
At the close of all the evidence, the Judge may submit to the jury the Charge of the Court. This will include legal instructions on this particular case and the questions that the jury is to answer from the evidence admitted.
Closing Arguments
After the Charge of the Court, the lawyers have the opportunity to summarize the evidence in their closing arguments and to try to persuade the jury to accept their client?s view of the case.
Deliberations and Verdict of the Jury
Following closing arguments, the jury is sent to deliberate. When the jury has answered the questions asked of them they shall return their verdict. The verdict must be based solely on the evidence presented by the parties, the Charge of the Court, and the rules of law provided by the Judge.
When In Doubt, Ask The Judge
You have the right to communicate with the Judge regarding any matters affecting your deliberations, including but not limited to: 1) physical comfort; 2) special needs; 3) any questions regarding evidence; or, 4) the Charge of the Court. During deliberation, if it becomes necessary to communicate with the Judge, the bailiff or the officer of the court will deliver jurors? notes to the Judge. The information in this document is not intended to take the place of the instructions given by the Judge in any case. In the event of conflict, the Judge?s instructions will prevail.
Note: Not all of these rules apply in Justice or Municipal Courts


