City of Beaumont, Texas

COURT APPEARANCES

The law requires that you appear in court on your case. If you were issued a citation, your appearance date is noted on the citation. If you have been released on bond, your appearance date is set on the bond. If you request a continuance (read the specific section on continuances), the court will notify you of your new appearance date. You or your attorney may appear in person in open court, by mail, or you may make an appearance in person at the court facility (Juveniles have a separate set of rules for their appearance. Please read the specific section on juveniles.)

Your first appearance is to determine your plea. If you waive a jury trial and plead guilty or nolo contendere (no contest), you may talk to the judge about extenuating circumstances that you want the judge to consider. Before pleading guilty or no contest you will want to read the section on pleas. If you plead not guilty, the court will schedule a jury trial unless you waive that right. If you do, the trial will be before the judge. When you make your appearance by mail, the court must receive your plea before your scheduled appearance date. If you plead guilty or no contest, you must include a waiver of jury trial. If you plead not guilty, the court will send you a notice setting the date of your trial.

PLEAS

Under our American system of justice, all persons are presumed to be innocent until proven guilty. On a plea of not guilty, a formal trial is held. As in all criminal trials, the State is required to prove the guilt of the defendant "beyond a reasonable doubt" of the offense charged in the complaint before a defendant can be found guilty by a judge or jury.

Your decision concerning which plea to enter is very important. Please consider each plea carefully before making a decision. If you plead guilty or nolo contendere in open court, you should be prepared to pay the fine and court costs. You should contact the court regarding how to make payment.

Plea of Guilty - By a plea of guilty, you admit that the act is prohibited by law, that you committed the act charged, and that you have no defense or excuse for your act. Before entering your plea of guilty, however, you should understand the following:

(1)

The State has the burden of proving that you violated the law (the law does not require that you prove you did not violate the law);

(2)

You have the right to hear the State's evidence and to require the State to prove you violated the law; and

(3)

A plea of guilty may be used against you later in a civil suit if there was a traffic accident (another party can say you were at fault or responsible for the accident because you pled guilty to the traffic charge).

Plea of Nolo Contendere (no contest) - A plea of nolo contendere means that you do not contest the State's charge against you. You will almost certainly be found guilty, unless you are eligible and successfully complete a driving safety course and/or court ordered probation. Also, a plea of nolo contendere cannot be used against you in a subsequent civil suit for damages.

Plea of Not Guilty - A plea of not guilty means that you are informing the Court that you deny guilt or that you have a defense in your case, and that the State must prove what it has charged against you. If you plead not guilty, you will need to decide whether to hire an attorney to represent you. If you represent yourself, the following section on The Trial will help you to understand trial procedure.

DRIVING SAFETY COURSES

If you are charged with a traffic offense under the Subtitle C. Tran. Code, you may ask the judge before the appearance date on the citation, either orally or in writing, to take a driving safety course for one charge. You may not take a driving safety course without first obtaining permission from the court. No extension will be given for defensive driving. If you were operating a motorcycle and request to take a driving safety course, you must take a motorcycle operator's training course. At the time of the request, you must do the following:

(1) Present a valid Texas drivers license;

(2) Present proof of financial responsibility (liability insurance); showing defendant's name, vehicle coverage, effective and expiration date;

(3) Plead guilty or nolo contendere; and

(4) Pay court costs and an administrative fee, if required.

Prosecution of the traffic offense will be postponed for 90 days to allow you time to complete the course. You are required to attend a driving safety course that has been approved by the Texas Education Agency or a motorcycle operator's course approved by the Department of Public Safety.

You are eligible to request this course if you:

(1) Were charged with a moving violation;

(2) Have not requested and taken a driving safety course for a traffic offense within the last 12 months;

(3) Are not currently taking the course for another traffic violation;

(4) Do not hold a commercial drivers license;

(5) Have not committed the offense of speeding 25 mph (or more) over the speed limit; and

(6) Have not been charged with one of the following sections of the Transportation Code:

(A) §472.022 - Construction zone when workers are present

(B) §545.066 - Passing a school bus

(C) §545.401 - Reckless driving

(D) §545.421 - Fleeing/Elude police officers

(E) §550.022 - Accident involving damage/Fleeing scene

(F) §550.023 - Duty to give information and render aid

(G) §522.003 - Serious traffic violations

Prior to the end of the 90-day period, you must present to the court a copy of your driving record from the Department of Public Safety. You are required to take the course within 90 days from the date of the request. You have an additional 30 days to show the court a completion certificate issued by the Texas Education Agency or the Texas Department of Public Safety. If you do not, the court will send you a notice requiring you to return to court and explain why you failed to show proof of completion. If you have a good reason why you were unable to present your proof within the 120 days. Your failure to be present at that hearing will result in a warrant for your arrest being issued.

THE TRIAL

A trial in municipal court is a fair, impartial and public trial as in any other court. Under Texas law, you can be brought to trial only after a sworn complaint is filed against you. A complaint is the document which alleges what act you are supposed to have committed and that the act is unlawful. You can be tried only for what is alleged in the complaint. You have the following rights in court:

(1) The right to inspect the complaint before trial and have it read to you at the trial;

(2) The right to have your case tried before a jury, if you so desire;

(3) The right to hear all testimony introduced against you;

(4) The right to cross-examine any witness who testifies against you;

(5) The right to testify in your behalf;

(6) The right not to testify; if you so desire. If you choose not to testify, your refusal to do so cannot be held against you in determining your innocence or guilt; and

(7) You may call witnesses to testify in 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. The request for a subpoena may be oral or in writing.

If you choose to have the case tried before a jury, you have the right to question jurors about their qualifications to hear your case. If you think that a juror will not be fair, impartial or unbiased, you may ask the judge to excuse the juror. The judge will decide whether or not to grant your request. You are also permitted to strike three members of the jury panel for any reason you choose, except an illegal reason (such as a strike based solely upon a person's race).

CONTINUANCES

If you need a continuance for your trial, you must put the request in writing and submit it to the court with your reasons prior to trial. The judge will make a decision whether or not to grant the continuance. You may request a continuance for the following reasons:

(1) A religious holy day where the tenets of your religious organization prohibit members from participating in secular activities such as court proceedings (you must file an affidavit with the court stating this information); or

(2) That you feel it is necessary for justice in your case.

PRESENTING THE CASE

As in all criminal trials, the State will present its case first by calling witnesses to testify against you.

After prosecution witnesses have finished testifying, you have the right to cross-examine. In other words, you may ask the witnesses questions about their testimony or any other facts relevant to the case. You cannot, however, argue with the witness. Your cross-examination of the witness must be in the form of questions only. You may not tell your version of the incident at this time - you will have an opportunity to do so later in the trial.

After the prosecution has presented its case, you may present your case. You have the right to call any witness who knows anything about the incident. The State has the right to cross-examine any witness that you call.

If you so desire, you may testify in your own behalf, but as a defendant, you cannot be compelled to testify. It is your choice, and your silence cannot be used against you. If you do testify, the State has the right to cross-examine you.

After all testimony is concluded, both sides can make a closing argument. This is your opportunity to tell the court why you think that you are not guilty of the offense charged. The State has the right to present the first and last arguments. The closing argument can be based only on the testimony presented during the trial.

CASE DECISIONS

If the case is tried by the judge, the judge's decision is called a judgment. If the case is tried by a jury, the jury's decision is called a verdict.

In determining the defendant's guilt or innocence, the judge or jury can consider only the testimony of witnesses and any evidence admitted during the trial.

If you are found guilty by either the judge or jury, the penalty will be announced at that time. Unless you plan to appeal your case, you should be prepared to pay the fine at this time.

COURT FEES

Fines
The amount of fine the court assesses is determined only by the facts and circumstances of the case. Mitigating circumstances may lower the fine, even if you are guilty. On the other hand, aggravating circumstances may increase the fine. The maximum fine for most municipal court traffic violations is $200; for municipal court penal violations - $500; for certain city ordinance violations - $2,000; and for other city ordinance violations - $500.

Court Costs
In addition to a fine, other court costs mandated by state law will be charged. The costs are different depending on the offense. You need to check with the court for the amount that will be assessed to the violation for which you are charged. If you request a trial, you may have to also pay the costs of overtime paid to a peace officer, spent testifying in the trial. If you request a jury trial, an additional $3 jury fee is assessed. If a warrant was served or processed by a peace officer, an additional $50 fee is also assessed, along with additional state of collection fees.

Court costs are assessed if you are found guilty at trial, if you plead nolo contendere, if your case is deferred for a driving safety course, or if your case is deferred and you are placed on probation. If you are found not guilty, court costs cannot be assessed.

NEW TRIAL & APPEALS

New Trials
If you are found guilty, you may make an oral or written motion to the court for a new trial. The motion must be made within one day after a judgment of guilt has been rendered against you. The judge may grant a new trial if the judge is persuaded that justice has not been done in the trial of your case. Only one new trial may be granted for each offense.

Appeals
If you are found guilty, and are not satisfied with the judgment of the court, you have the right to appeal your case. To appeal, unless you are in a court of record, you must file an appeal bond with the municipal court within 10 days of the judgment if you appeared in open court. If you pled guilty or nolo contendere, waived your right to a jury trial and requested the amount of fine and appeal bond, put the request in writing and mail or deliver it to the court before your initial court appearance date, you have 31 days from the time you received a certified notice from the court to pay the fine or file an appeal bond with the municipal court.

JUVENILES

§The municipal court has jurisdiction over juveniles (16 years or younger) charged with class c misdemeanor offenses except public intoxication. All juveniles are required to appear in open court for all proceedings with a parent or legal guardian. A letter will be mailed to the address on the citation with the date and time of the arraignment. Failure to comply with court requirements or failure to complete all terms regarding juvenile violation will result in the following:

Parent = charges filed for failure to appear with child;
Parent and Child = charges filed on each party for failure to keep the court updated with current residency;
Child = upon 17th birthday, a warrant will be issued for Continued Obligation to Appear (stays active until all prior juvenile cases are resolved);
Child = suspension and/or prevention of obtaining drivers license from the Texas Department of Public Safety.

TEEN COURT

The Beaumont Municipal Court actively participates in the Evelyn M. Lord Teen Court Program. Teen Court is a volunteer program which allows misdemeanor juvenile offenders an alternative to the adult criminal justice system. Through Teen Court, offenders are sentenced to service by a jury of their peers and are offered an opportunity to make restitution for their offense through community service, Teen Court participation, and other appropriate punishments, thus avoiding a permanent record of guilt.

For more information regarding juvenile offenders or Teen Court, contact the Juvenile Coordinator at (409) 833-0555.

TRAFFIC CITATIONS

Municipal Court staff is available to assist you in processing the citation you received. The citation should be yellow in color and given by a Beaumont Police Officer. Read the back of the citation carefully and you will obtain much of the information you need to process your case. The Court office is located at 700 Orleans, on the corner of Orleans and Forsythe, in downtown Beaumont. We are open five (5) days per week, from 8:00 a.m. until 5:00 p.m. and until 6:00 p.m. on Wednesday.

You have been given an appearance date on the lower left-hand side on the front of the citation. You must appear either in person, by mail, or through an attorney. A telephone call does not constitute an appearance. No extensions for time to pay the fine may be granted by telephone. Proper attire and shoes should be worn when you visit the court. Do not wear shorts, halter tops, muscle shirts, open shirts, or hats, if you plan to see the Judge when you come to court. If you fail to appear to answer to the charges as you promised, a charge will be filed against you for Violate Promise to Appear and additional fines and fees assessed, and a warrant for your arrest will be issued. Juveniles must appear in person with a parent or guardian. Juveniles may not handle cases by mail or internet.

When you appear, you will enter your plea of either no contest, guilty, or not guilty. If you enter a plea of not guilty, you will be given a date for a trial. You may have a trial by a jury or the judge, and you must specify which you prefer at the time you enter your plea.

If you received a citation for Expired Drivers License, Expired License Plates, and Expired MVI Sticker, and you get these items renewed before your due date, bring a receipt for each, and present these items to the Judge, then the Judge may dismiss these charges with a $10 fee on each.

If you received a citation for No Financial Responsibility, you must present a liability insurance policy or a certificate of insurance issued by the State that was effective on the date you were cited. The insurance card issued for carrying in the car is SUFFICIENT EVIDENCE. Your proof of insurance will be verified and your case dismissed, if the insurance is valid. Any attempts to pass a faulty or altered insurance card to get a case dismissed will result in a criminal charges filed against you at the Jefferson County District Attorney's Office. If you can not show valid proof of insurance, you must pay a fine in full which will result in a conviction on your driving record.

If you were charged with No Valid License, and you do indeed have a valid license, you will need to come to Municipal Court and show this evidence to the Judge to have the case dismissed.

PAYMENT OPTIONS

We accept payments in person or through the internet at www.ci.beaumont.tx.us. You may also mail payments to Beaumont Municipal Court, PO Box 3827, Beaumont, Texas 77704. We will accept payments by cash, personal checks, money orders, cashiers checks, and credit cards (MasterCard and Visa). Personal checks will not be accepted for payments on warrants. There is a night deposit box located on the Forsythe Street side, by the door, where you may also deposit payments and correspondence. We do not recommend and the City of Beaumont is not responsible for cash sent by mail or dropped into the night deposit box.

WARRANTS

If a warrant has been issued for your arrest, you may pay the fine in full by cash, money order, cashier’s check or credit card. No personal checks will be accepted for payments on warrants. Any partial payments received will be posted towards the warrant, but the warrant will remain active until paid in full.

If you have never appeared in court or failed to appear for a court date, you may speak to a judge regarding your case and you will not be arrested. If you have been before a judge and a judgment has been entered and a fine assessed, your only option is to pay the fine in full or risk the chance of arrest.

JURY SERVICE

Cases heard by the Beaumont Municipal Court are class c misdemeanor violations that are punishable by fine only. Jurors are randomly selected from voter registration lists. If selected, jury service is normally for two Tuesdays a month and jurors are paid at a rate of $6.00 per day.

To serve as a juror you must meet the following qualifications:

Citizen of the city of Beaumont, state of Texas;

Be able to read and write; and,

Not have been convicted of theft or any felony or be under indictment or other legal accusation of a theft or felony.

A person may claim exemption from jury duty if that person:

Is over 70 years of age;
Has legal custody of a child/children under 10 years of age and service would require leaving such child/children without adequate supervision;
Is a student of a public or private school, or a college or university;
Is the primary caretaker of a person who is an invalid unable to care for himself or herself (does not apply to care workers);
Has served as a juror in the county during the 24-month period prior to the date required to appear for this summons.

You are required by law to appear for jury duty unless you are not qualified to serve or have claimed a legal exemption. The exemptions are not mandatory. An individual who qualifies for some of these exemptions may still serve on a jury panel.

DIRECTIONS TO BEAUMONT MUNICIPAL COURT

Westbound from Rose City/Vidor or Eastbound on IH-10 towards Louisiana:
Take the exit marked “Downtown” on Willow. Continue straight (southbound) and this roadway turns into Park Street. Stay on Park until you reach Forsythe Street. Cross Forsythe and take an immediate left into our parking lot.

Interstate 10 to Hwy 90 (College Street):
Exit Hwy 90 (College Street). Turn right if you are eastbound, turn left if you are westbound (IH-10). Travel east on College Street (towards Neches River) and continue to Orleans Street. Turn left on Orleans Street and remain in the left lane of traffic. The roadway will fork to the right with one lane continuing on to Orleans Street. Pass the Goodwill building and turn into the parking lot on your left.

The parking lot is behind and adjacent to the municipal court building. The entrance is facing Orleans Street. The drop box for payment after hours is located on Forsythe Street at the side entrance to the municipal court.

Remember, the clerks in Municipal Court cannot make judgments on any of the cases we process. We are not attorneys who can give legal advice, nor can we dismiss cases; these are all duties of the Judge. We will assist you in any way possible to process the paperwork and give you information.

If this information has not answered all of your questions, you will need to come to the Court Office, or write to the Chief Magistrate. Our mailing address is P. O. Box 3827, Beaumont, TX 77704.