Frequently Asked Questions

Every criminal defendant has the right to remain silent and refuse to testify (without consequence). You have the right to retain an attorney and have them try your case or answer your questions. Since offenses in this court are punishable only by fine and not incarceration, you do not have the right to appointed counsel.

You have the right to a jury trial. You may also waive your right to a jury trial and request a trial before the judge, commonly called a bench trial.

At trial you have many rights, including:

• The right to have notice of the complaint not later than the day before any proceedings
• The right to inspect the complaint before trial, and have it read to you at trial
• The right to hear all testimony introduced against you
• The right to cross-examine witnesses who testify against you
• The right to testify on your own behalf
• The right not to testify; your refusal to do so may not be held against you in determining your innocence or guilt
• You may call witnesses to testify on your behalf at the trial, and have the court issue a subpoena to any witnesses to ensure their appearance

In addition to your rights, you also have legal responsibilities. The law requires you to make an appearance on your case. Your appearance date is noted on your citation, bond, summons, release paperwork, or mailed notice. You or your attorney may appear in person in open court, by mail, or you may deliver your plea in person to the court.

Your first appearance is to determine your plea. This is sometimes done at the clerk’s window or in front of the judge (if you request a first appearance court hearing). If you waive a jury trial and plead guilty or no contest, you may present extenuating circumstances for the judge to consider when setting your fine. If you plead not guilty, the court will schedule a pretrial to speak with the city prosecutor.

There are six options in disposing of your citation:

• You have the right to plea not guilty. If you feel like you should not have been charged with the offense and would like to enter a plea of not guilty and request a court date, you may do so either in person or in writing. For more information please visit the Trial Processes page
• You may enter a plea of guilty or no contest and pay the fine. This may be done either in writing or in person. In choosing this option, there will be a final judgment of guilt entered against you and a conviction notice will be sent to the Department of Public Safety. Therefore, the charge will appear on your driving record. Per the passage of HB 2048, the Driver Responsibility Program (DRP) will be repealed, and effective September 1, 2019, all DRP surcharge suspensions will end.  After September 1, 2019, all surcharge assessments will be waived and no future surcharges will be assessed after. You will still be responsible for any other suspensions, fines or fees on your driving record. Any person who receives surcharge until the program is repealed is still responsible for paying the surcharge or surcharge installment payments until September 1, 2019.  Any person who receives a new DRP-related surcharge before September 1, 2019, and fails to pay in the allotted time will be suspended and subject to surcharges.  In anticipation of the repeal of the program, all affected customers will receive a letter in August that explains that they are in 1 of 5 categories. This repeal only applies to surcharges and you are still responsible for all other obligations including non-surcharge related suspensions, fines or fees. For more information regarding this state program, please visit the Texas Surcharge Program webpage. To check the status of your driving privilege or pay reinstatement fees, visit texas.gov/driver. You will need your DL/ID number, date of birth, and the last four digits of your social security number. Please be aware driver records update on a daily basis. The information on this site reflects the status of your driver record as of today. Any additional convictions reported by a court after today could cause additional enforcement actions or fees on your record. We recommend you verify your status on September 1, 2019. 
• You may enter a plea of no contest or guilty and request deferred disposition to keep this charge from appearing on your driving record. This request may be presented in person or in writing. Please visit the Deferred Disposition website to see if you are eligible.
• You may enter a plea of no contest or guilty and request to complete a driver safety course to keep this charge off of your record. This request may be presented in person or in writing. Please visit the Driver Safety Course website to see if you are eligible and what is required.
• You may request a first appearance before the judge. This is not to determine your innocence. The judge has the ability to allow deferred payment with a payment plan, community service, or other variations to the above options.
• You may hire an attorney. By doing so, your attorney will become the contact for all court settings and notifications. Therefore, you will need to stay in contact with your attorney to ensure you receive all the necessary information regarding your case. Window clerks are not attorneys and will not give legal advice.

• The law is very specific in what we may and may not allow for those who hold a Commercial Driver’s License (CDL). Unfortunately, we are unable to offer any type of deferred disposition or the option to complete a driver safety course. This applies even if you were driving your personal vehicle.

• Deferred Disposition
• Driving Safety Course
• Compliance Dismissals

Some options may become unavailable if you miss your appearance date. We grant a 10-day grace period prior to warrant issuance to account for items that are mailed. Please be aware, if you have mailed in your plea and we receive it after the appearance date, you may receive a delinquency notice. These are automatically generated for each citation the day after the initial appearance date.

If you have chosen a bench or jury trial, you may represent yourself as a Pro Se defendant. However, you will be expected to follow all general rules of trial proceedings. Also, if a juvenile has requested a bench or jury trial, a parent cannot act as their attorney. They will be required to either retain a state-licensed attorney or represent themselves.

Failure to notify the court at least 24 hours in advance will result in a warrant being issued for your arrest. If an emergency occurs resulting in a missed court date, documentation of the emergency situation will be required in order to have the court date rescheduled. A Request for Continuance may be found here.

• Be a citizen of the United States and a resident of the City of Kennedale in order to serve as a juror for Municipal Court;
• Be at least 18 years of age;
• Reside in the county of jury service/
• Be able to read and write; and
• Be of sound mind

• You have been convicted of a felony or 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.