Del Rio TX
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Rights of Defendants
You have many rights as a defendant at Municipal Court
- Under our American system of justice, all persons are presumed to be innocent until proven guilty.
- The State must prove you guilty “beyond a reasonable doubt” of the offense with which you are charged.
- Every defendant has the right to remain silent and refuse to testify (without consequences), however you may waive this right and discuss your case with a city prosecutor in an effort to dispose of your case without a trial. If you elect to represent yourself, no person other than an attorney can assist you during a trial.
- You have the right to represent yourself or 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 by incarceration, you do not have the right to appointed counsel.
- You have the right to a jury trial. You may waive a jury trial and have 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 in the prosecution.
- The right to inspect the complaint before trial, and have it read to you at the 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 (a court order) to any witnesses to ensure their appearance at the trial.
Tools for Self-Representation
The public has access to helpful tools for self-representation, as directed under Texas Senate Bill 1911, effective Sept. 1, 2017.
Texas Lawyers for Texas Veterans
Texas Indigent Defense Commission
The Municipal Court clerks are not allowed to give legal advice. We urge defendants to review the applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions.
Disclaimer: The law is constantly changing and there may be times when this information will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.
