Rights, Duties and Trials
You have many rights as a defendant in Municipal Court:
Your rights during trial:
At the Pre-Trial
- Both sides will have an opportunity to make opening and closing remarks, though this is not required. The State has the burden of proof and must call their witnesses first. Once their witnesses testify, you will be given the chance to question them. It is a best practice to formulate questions in the form of an actual question.
- Once the State completes their case, you may also call witnesses that have relevant information. Such witnesses may also be cross-examined at trial. You may choose to testify, but you are not required to do so. If you choose to testify, you may be cross-examined.
- For more information about presenting evidence or for the trial process, see the useful links section.
You may be sentenced by either a jury or the Judge. In either event, you will be assessed costs of court and may be assessed fines. Costs of court are established by State Law. Fines have a range and may be up to $200 for a traffic violation, up to $500 for a penal code violation, and up to $2000 for a municipal code violation.
- The Temple Municipal Court is not a court of record. In some cases, you may have the right to file a request for a new trial, called a Motion for a New Trial. This can sometimes be a requirement for an appeal.
- Generally, you may appeal decisions by this court within 10 days from the date of sentencing in court.