TRIALS

Trials conducted in the Burleson Municipal Court of Record are in accordance with the due process requirements of the United States Constitution, Texas Constitution, and Code of Criminal Procedure. Defendants may be represented by an attorney or may act "pro se" which is a Latin term meaning that the defendant represents himself or herself at trial.

Article 1.05 of the Texas Code of Criminal Procedure states that a defendant cannot be brought to trial until after being formally charged with the offense in a complaint. The complaint is a sworn document which alleges the offense you are alleged to have committed and that your conduct was unlawful. Only the offenses alleged in the complaint may be brought to trial.

Defendant's Rights

Each defendant is assured of the following rights in Court:

• the right to inspect the complaint before trial and have it read to you at trial the right to have your case tried before a jury
• the right to hear all testimony introduced against you
• the right to cross -examine any and all witnesses who testify against you
• the right to testify on your own behalf
• the right not to testify (the 5th Amendment of the United States Constitution ensures that your refusal to testify cannot be held against you in determining your guilt or innocence)
• the right to call witnesses to testify in your behalf at the trial and have the Court issue a subpoena to any witnesses to demand their appearance at the trial. A subpoena is a Court order notifying the witness that he must be in Court for the trial. If a witness does not appear after receiving a subpoena, he or she may be cited with contempt and a warrant for the witness' arrest may be issued. Request for subpoenas are due at least ten (10) days before the trial date and must be in writing to the clerks' office.

Types of Trials

Jury Trial (Trial by Jury)

Jurors from the Burleson community will be summoned to appear for service [see Juror Information]. The Municipal Court Prosecutor and defendant will have the opportunity to question the potential jurors to learn of any biases or prejudices present which could prevent a fair and impartial trial. The defendant and the prosecutor may each strike three (3) potential jurors from the voir dire. All cases tried in the Municipal Court will be heard by a petit jury which consists of six (6) persons. The jury will select a foreperson. The foreperson is responsible for polling the jury, signing the verdict form, and transmitting questions or requests to the Judge. The verdict of the jury must be unanimous. The jury panel will receive the charge of the Court before rendering a verdict. The charge sets forth the law applicable in the case, the range of fines allowed in the case, and directions on how the jurors must conduct themselves during deliberations to arrive at a fair and impartial verdict based on the evidence presented at trial. The jury will return a verdict of guilty or not guilty. When a not guilty verdict is returned, the case is dismissed and the defendant is acquitted of the offense cited. No fees, costs, or fines are owed by the defendant. If the verdict is guilty, the defendant is convicted of the offense and is responsible for the court costs and the fine assessed by the jury. The defendant may also be ordered to pay a jury fee as court costs.

Bench Trial (Trial by Court)

If a defendant elects trial by Court, which may also be known as a Bench Trial, the presiding Judge will hear and decide the case.

Trials before the Court or bench are heard during scheduled Court sessions. The defendant and prosecutor will present his or her evidence to the Judge. The Judge then applies the appropriate law, weighs the evidence presented, and renders a verdict of guilty or not guilty. The Judge will also assess the defendant's fine and order the costs and fees to be paid by the defendant when June 3, 2008nt is not guilty, the case is dismissed and no costs or fines are owed by the defendant.