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Municipal Court

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1. What are my rights in Municipal Court?

Under our American system of justice, all persons are presumed to be innocent until proven guilty. The state must prove you guilty of the offense with which you are charged beyond a reasonable doubt.

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.

2. If I’ve received a citation, what are my options?

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.

3. How do I keep this violation from appearing on my driving record?

If eligible, you may request deferred disposition or to take a driving safety course. There is also a list of common offenses that allow for dismissal upon remedy. For more information regarding any of these options please click the corresponding link below:

• Deferred Disposition
  
• Driving Safety Course
  
• Compliance Dismissals

4. How long do I have to take care of my citation?

You will have twenty-five (25) days from the date of issuance to decide how you would like to dispose of your citation. Your decision must be in writing and presented in person to a clerk at City Hall.

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.

5. There is an appearance date on my citation. Does this mean I am scheduled to see the judge?

No. The appearance date listed is the date by which you need to decide how you will dispose of your citation. If you would like to request a court date, you may do so in person at City Hall or in writing. Upon your request, you will be scheduled and notified in writing when to appear.

6. What if I was given a citation by a DPS officer or the Tarrant County Sheriff’s Office?

If you were given a citation by any officer other than a Kennedale Police officer, it will not be filed in the Kennedale Municipal Court. Sometimes, DPS officers and Kennedale Police officers share jurisdiction. Refer to your citation to verify in which court you need to appear. Both Department of Public Safety (DPS) and Tarrant County Sheriff's Office (TCSO) will have you report to a Justice of the Peace (JP) Court, not a Municipal Court.

7. What is acceptable attire for a court appearance?

Business casual attire is preferred, but not required. The bailiff will refuse entry into the courtroom if you appear in a swimsuit or clothing that is too revealing. The bailiff will require that you remove your hat or sunglasses upon entry, as well.

8. Who may represent me in court?

Only an attorney who is currently licensed by the Texas State Bar may represent you in court.

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.

9. What if I cannot make my scheduled court date?

If you are unable to appear for your scheduled court date, you must notify the clerk’s office in writing no later than 24 hours prior to your scheduled appearance. You may either appear in person at City Hall or fax, mail, or email your request for a continuance.

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.

10. 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 form the foundation of our judicial system. Both the United States and Texas Constitutions guarantee all people, regardless of race, religion, sex, national origin, or economic status, the right to trial by an impartial jury.

11. How was I selected as a juror?

You were selected at random from a list of all registered voters and drivers in Tarrant County.

12. Am I eligible to be a juror?

Jurors must:

• 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 cannot serve on a jury if:

• 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.

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 judge in writing prior to your scheduled juror appearance. If we have not received anything in writing, you will be required to appear in person to personally notify the judge as to why you feel you are ineligible.

13. Who can be excused from jury service?

You are entitled to be excused as a juror if you:

• Are over seventy (70) years of age;
  
• Have legal custody of a child under 12 years of age and jury service would leave the child unsupervised;
  
• Are a student currently enrolled in class;
  
• Are the caretaker of a person who is unable to care for themselves (an invalid); or
  
• Can show physical or mental impairment or an inability to comprehend or to communicate in English.

14. What is the difference between criminal and civil cases?

A criminal case results when a person is accused of committing a crime. Jurors must decide whether the person charged is guilty or not guilty. The accused (defendant) is presumed innocent, and the burden is on the State, represented by the City Prosecutor (or District or County Attorney), to prove the guilt of the accused beyond a reasonable doubt.

A civil case results from a disagreement or dispute between two or more parties (including family cases). In a civil case, you, as a juror, must answer questions or disputed facts based upon the testimony and evidence admitted by the judge. The answers to these questions are called the verdict. Municipal courts do not hear civil cases.

15. Will I be paid for being a juror?

No. Municipal Courts have the option to choose whether or not to pay jurors. Jury service in Kennedale is infrequent, as cases very rarely go to trial, and the city has elected not to pay jurors for their service.

16. Must my employer pay me while I am on jury duty?

Your employer is not required to pay you while on jury duty. However, employers are prohibited by law from firing an employee for serving as a juror. Upon completion of the trial, the Kennedale Municipal Court will issue excuse letters for anyone who may need to provide proof to their employer of jury duty.

17. Are there rules about jury conduct?

Yes. The Texas Supreme Court has established rules regarding juror conduct, which will be given to you both verbally by the judge and in writing on the first day of service.