Trials & Jury Trials
Your Right to a Fair Trial
In municipal court a trial is fair, impartial and public 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 you with an offense that you are alleged to have committed. You may be tried only for what is alleged in the complaint.
You have the following rights in court:
- Be notified of the complaint not later than the day before any proceedings
- Inspect the complaint before trial, and have it read to you at trial
- Have your case tried before a jury, if you so desire
- Hear all testimony introduced against you
- Cross-examine witnesses who testify against you
- Testify on your behalf
- Decide 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)
Call witnesses to testify in your behalf at trial, and have the court issue a subpoena (a court order) to any witness to ensure his or her appearance at trial - The request for a subpoena must be in writing and delivered to clerk of the court. Request for subpoenas for jury trial are due in the clerk's office at the pre-trial hearing. Request for subpoenas for bench trials are to be delivered at least three weeks prior to a bench trial date. You must give the name, current address, and telephone number of each witness that you want subpoenaed.
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 for a challenge for cause to excuse the juror. The judge will decide whether to grant your request.
In a 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 based solely upon a person's race or gender). This is referred to as a peremptory strike and each side has three peremptory strikes. In municipal court a jury is composed of six jurors.