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Municipal Court
The Municipal Court hears alleged
traffic infractions, ordinance violations, and Class C
misdemeanors that occur inside the City Limits of Hill Country
Village. Court meets once a month. To see court dates, view the
City Master Calendar.
General Information
IF YOU HAVE BEEN ISSUED A SUMMONS FOR TRAFFIC OR OTHER MUNICIPAL
VIOLATIONS, THE FOLLOWING INFORMATION MAY BE OF BENEFIT. PLEASE
CONTACT CITY HALL AT 494-3671 IF YOU HAVE ADDITIONAL QUESTIONS.
COURT APPEARANCES
Texas law requires that you appear in court or pay the fine on
or before your court date. If you were issued a citation, your
appearance is noted on the citation. If you have been released
on bond, your appearance date is set on the bond. You and your
attorney may appear in person in open court or by mail.
Your first appearance is to determine your plea. If you waive a
jury trial and plead guilty or nolo contendere (no contest), you
may talk to the judge about extenuating circumstances that you
want the judge to consider when setting your fine. If you plead
not guilty, the court will schedule a jury trial unless you
waive that right. If you do so, the trial will be before the
judge. When you make your appearance by mail, the court must
receive your plea before your scheduled date. If you plead
guilty or no contest, you must include a wavier of jury trial.
You will be given or mailed a notification of your trial date.
PLEAS
On a plea of not guilty, a formal trial is held. As in all
criminal trials, the State is required to prove the guilt of the
defendant "beyond a reasonable doubt". Your decision concerning
which plea to enter is very important. You should read the
following explanation of the three types of pleas and think
carefully before making your decision. If you plead guilty or
nolo contendere in open court, you should be prepared to pay the
fine.
PLEA OF GUILTY
By entering a plea of guilty you admit that the act is
prohibited by law, that you committed the act charged, and that
you have no defense or excuse for your act. Before entering you
plea of guilty, however, you should understand the following:
(1) The State had the burden of proving you violated the law.
(2) You have the right to hear the State's evidence and require
the State to prove you violated the law; and
A plea of guilty may be used against you in a civil suit if
there was a traffic accident.
PLEA OF NOLO CONTENDERE (NO CONTEST)
A plea of not guilty means that you are informing the Court that
you deny guilt or that you have a good defense for your case. If
you plead not guilty, you will need to decide whether to hire an
attorney to represent you. If you represent yourself, the
following sections will help you to understand your rights and
trial procedure.
DRIVING SAFETY COURSE
If you are charged with a traffic offense under Subtitle C,
Transportation Code, you may request to take a driving safety
course. Your oral or written request must be received by the
court before the scheduled appearance date. At the time of the
request, you must do the following:
Present proof of financial responsibility (liability insurance)
Plea guilty or nolo contendere; and
Pay court costs and an administration fee.
Prosecution of the traffic offense will be postponed for 90 days
to allow you time to complete the course and an additional 30
days to return to the court, proof of completion. You are
required to attend a course which has been approved by the Texas
Education Agency.
You are eligible to request this course if you:
Have not requested and taken a driving safety course for a
traffic offense within the last 12 months.
are not currently taking the course for another traffic
violation; and
have not committed the offense of speeding 25 mph over the speed
limit.
Prior to the end of the 120-day period, you must present to the
court a certified copy of you driving record from the Department
of Public Safety and a certificate from the driving school
showing proof of course completion. If you do not, the court
will send you a notice requiring you to return to court and
explain why you failed to show proof of completion.
DEFERRED ADJUDICATION
If you are charged with a Class "C" Misdemeanor, you may request
deferred adjudication. Your request must be made to the judge on
the scheduled appearance date and time. At the time of the
request you must do the following:
Plea guilty or nolo contendere;
Pay court costs and an administrative fee; and
Complete the probation period.
THE TRIAL
A trial in municipal court is a fair, impartial and public trial
as in any other court. Under Texas law, you can be brought to
trial only after a sworn complaint is filed against you.
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 the juror. You are
also permitted to strike three members of the jury panel for any
reason you choose, except an illegal reason. If you need a
continuance for you trial, you must put the request in writing
and submit it to the court with your reasons prior to trial.
As in all criminal trials, the State will present its case first
be 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 facts
relevant to the case. Your cross-examination of the witness must
be in form of questions only.
After the prosecution has presented its case, you may present
your case. You have the right to call any witness who knows
anything 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 cannot be compelled to testify. The State has the
right to cross-examine you should you choose to testify.
Once all testimony is concluded, both sides can make a closing
argument. The closing argument can be based on the testimony
presented during the trial.
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