Criminal Non Traffic Offenses

Rights of Defendants

If you are accused of an offense within the jurisdiction of the Justice Court, you have certain rights.

You have the right to see the complaint or citation that has been filed with the court.

You have the right to a trial by jury, but you may waive the right to a trial by jury and be tried by the court.

You have the right to be represented by an attorney of your choice. You are not required to be represented by an attorney. An attorney may make an appearance on your behalf.

You have the right to remain silent and not to give evidence against yourself. You may waive this right and discuss your case with a prosecutor in an effort to dispose of your case without trial.

To request a Pretrial/Trial: Request a Court Date Form

Assault

If you are convicted of “assault” by threatening another with imminent bodily injury, or “assault” by causing offensive or provocative physical contact with another, and the person assaulted is a member of your family or household, or against an individual with whom you have or had a dating relationship, you are notified that it is unlawful for you to possess or transfer a firearm or ammunition.

Offenses Involving Violence

If you are convicted of a misdemeanor offense involving violence where you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal law under 18 U.S.C. Section 922(g) (9) or Section 46.04(b), Texas Penal Code.  If you have any questions whether these laws make it illegal for you to possess or purchase a firearm, you should consult an attorney.

First Appearance in Court

At the time of your first appearance, you will be identified as the defendant, and you will be asked how you plead to the offense with which you are charged.

Pleas are “not guilty,” “guilty,” or “no contest.”

If you plead not guilty, your case will be set for trial. You may waive your right to a trial by jury and have the case heard by the court. At your request, the court will subpoena a witness on your behalf, but you must furnish the court with the name, address, and telephone number of each witness prior to trial. You may be required to attend a pre-trial conference.

If you refuse to enter a plea, the court will enter a plea of not guilty for you, and your case will be set for a jury trial unless you waive that right.

If you plead guilty or no contest, the court will find you guilty and assess a fine as punishment. A plea of no contest has the same result as a plea of guilty, but it may not be used against you in any civil proceeding that might arise from the incident leading to your arrest.

If you are pleading guilty or no contest, you may present any evidence or documents to the court in connection with the offense and you may explain any mitigating circumstances that may affect punishment.

If you are unsure about how to plead, do not hesitate to enter a plea of not guilty.

The court may be required to provide you certain notices, and it is your responsibility to notify the court of any change of address.

Discovery

You may request documents and evidence in your case from the State by following the discovery procedures set out in Art. 39.14 of the Texas Code of Criminal Procedure. (“Discovery” is the process by which the defendant may request evidence related to the case from the State.)