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Municipal Court
Hours of Operation:
8:00 AM to 5:00 PM, Monday - Friday
Judge Availability: Walk In Times
8:00 AM to 10:30 AM Monday
- Friday
1:00 PM to 3:30 PM Monday
3:00 PM to 5:00 PM Wednesday
1:00 PM to 3:00 PM Friday
Juvenile Court Times :
Regular Juvenile Docket - 1:00 PM to finish Tuesday
Failure to Attend School - 1:00 PM to finish Thursday
Judge Craig Lively, Chief Magistrate
Judge James McNicholas, City Magistrate
Judge JD Hamm, City Magistrate
Judge Terrence Holmes, City Magistrate
Deanna Davis, Court Administrator
The municipal court is the judicial branch of city government. In addition, the
municipal court is part of the state judicial system. The municipal court
processes and adjudicates all Class "C" misdemeanor violations of state law and
city ordinances which occur within the corporate limits of the city. All traffic
violations issued by the city are processed by the court. Punishment of
these offenses is by fine only. The Court maintains records of all
traffic and misdemeanor complaints and convictions, processes payments of fines,
prepares documents and schedules trials, notifies witnesses and attorneys of
court dates, processes overdue notices of outstanding fines and collects data
for reporting purposes. The office also processes warrants issued for
non-payment of outstanding fines.
Nothing contained herein is intended to be nor should be
construed as legal advice and should not be relied upon as such.
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 were issued a summons, the appearance date is indicated in the summons.
If you have been released on bond, your appearance date is set on the bond. If
you request and are granted a reset or continuance by the judge, the court will
notify you of your new appearance date by mail. (Please refer to the section
entitled “continuances”). 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 refer to the section entitled “juveniles”). With respect to any alcohol
related charges, anyone from 17-20 years of age must appear in court in person.
Your first appearance is to determine your plea (“Not Guilty”, “Guilty” or “No
Contest”). (Please refer to the section entitled “pleas”). 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. If
you plead not guilty, the court will schedule a jury trial unless you waive that
right. If you waive your right to a jury trial, 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. Juveniles
(16 years old or younger) and persons under the age of 21 charged with alcohol
offenses must appear in court in person and cannot enter a plea by mail.
COURTROOM DECORUM
All electronic devices including cell phones and pagers
must be turned off before entering the Courtroom unless you have received
express prior approval from the Court. Failure to comply will result in the
person's removal from the Courtroom. Absolutely no weapons of any sort
shall be allowed in the Courtroom except those on the person of commissioned
peace officers. Any persons entering the Courthouse are subject to search.
No food, chewing gum, candy or drinks of any type shall be consumed in or
brought into the Courtroom.
DRESS CODE
To be permitted in the Courtroom, you must be dressed appropriately so as to
maintain the dignity, decorum and
professional atmosphere of the Court and the administration of justice.
No one will be permitted in the Courtroom in
shorts or in any immodest or revealing wear such as halter tops or tube tops.
Any clothing with offensive, vulgar, racist, sexist, obscene, or suggestive
words, slogans, depictions, or pictures will not be allowed in the courtroom.
Pants are to be worn at the waist. No exposed undergarments are permitted.
Pants that are tattered, shredded or that exposes skin are not permitted.
No hats, caps, head coverings or sunglasses may be worn in the Courtroom, except
with prior permission of the Court. Any person not dressed in appropriate
Courtroom attire is subject to removal from the Courtroom.
Printable copy of
Court Dress Code
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 Guilty
form (Send to Court)
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 deferred disposition (probation). Also, a plea of
nolo contendere cannot be used against you in a subsequent civil suit for
damages.Plea
of no contest
form (Send to Court)
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.
Plea of not guilty form(send to Court)
In limited circumstances, if you are entering a plea of guilty or no
contest, you may be eligible for a deferred
disposition (probation) of your citation if your request is made on our
before your answer date. To be considered
for deferred disposition, you must meet all of the eligibility
requirements. Failure to meet all eligibility requirements or to fully
complete the application process will result in the denial of your
request and may result in the entry of a judgment against you. Deferred
disposition is not a right but is a privilege offered at the sole
discretion of the Court. Applying for a deferred disposition of your
case does
not guarantee that deferred disposition will be granted. The court will
review each application on a case by case basis. You are responsible
for following up on your request for deferred disposition and making
sure your charges are timely answered. If deferred disposition is
granted and you comply with all terms of the deferred disposition order,
the charges will be dismissed at the end of the deferral period and no
final conviction will be entered against you on that charge. The
deferral period can be up to 180 days.
Application for Deferred Disposition
form
(Send to Court)
You are eligible to request this course if you:
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. You must also have paid all required court costs
and administrative fees. 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 or pay the costs and fees required. Your failure to be present at
that hearing will result in a final conviction on the charge and the issuance of
warrant for your arrest.
Application for Driving Record
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. You must also pay the appropriate court costs
and administrative fee. 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.
(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
149246, Austin, TX 78714-9246)
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).
Trial
Information Brochure
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 (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
Warning - Obligation
for Payment of Fines and Costs
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 have entered a plea of guilty
or nolo contendere before your scheduled court appearance date, waived your
right to a jury trial and have requested in writing the amount of fine and
appeal bond, you have 31 days from the time you received a notice from the court
sent to you by certified mail to pay the fine or file an appeal bond with the
municipal court.
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 charges may result in additional charges against the parent and the child. In addition, such failure may result in the juvenile having his/her drivers license suspended or prevent the juvenile from obtaining a driver’s license from the Texas Department of Public Safety.
Address Notification - You and your parent or guardian are required by law to provide the Court, in writing, your current address and residence. If your place of residence changes, you have 7 days to notify the Court, in writing, of your new address and residence. Failure to keep the Court informed of your new residence may result in Failure to Appear and Failure to Notify charges filed against both you and your parent or guardian. The obligation of keeping the Court informed of your current address and residence is required until your case is finalized/terminated.
All juveniles must comply with the court’s dress code when appearing for court.
TEEN COURT
The Beaumont Municipal Court actively participates in the Evelyn M. Lord Teen
Court Program. Teen Court is a volunteer program for non-traffic criminal
offenses which allows first time misdemeanor juvenile offenders an alternative
to the adult criminal justice system. To participate, a first time offender must
first make an initial appearance in open court with their parent or guardian and
enter a plea of guilty or no contest to the charge.
The juvenile must then pay a onetime $20 fee. Thereafter, the juvenile
offender then appears at a Teen Court session before a jury of the teen’s peers
and is offered an opportunity to make restitution for the offense through
community service, Teen Court participation, and other appropriate punishments
ordered by the teen jury. After successfully completing the sanctions
ordered by the teen jury, the charge against the juvenile is dismissed
and no conviction of guilt is entered on the juvenile’s permanent criminal
record.
For more information regarding juvenile offenders or Teen Court, contact the
Juvenile Coordinator at (409) 980-7200.
DISMISSALS
If you received a citation for Expired Drivers License,
Expired License Plates, or 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 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
Expect to pay your fine in full at the time judgment is entered.
We accept payments in person or through the internet at
www.cityofbeaumont.com
.
You may also mail payments to Beaumont Municipal Court, PO Box 3827, Beaumont,
Texas 77701
. We will accept payments by cash, personal checks, money orders,
cashier’s checks, and credit cards (MasterCard and Visa). Personal checks will
not be accepted for payments on cases that have ever been in warrant status.
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.
If you are financially unable to pay your fine in full, you must qualify for any
additional time to pay if you have an income. You are required to complete a
lengthy financial application and you must be interviewed by a Collection
Specialist. Be aware that this process will include verification of your current
address, phone number(s), source of income, and place of employment.
Any other arrangements to satisfy fines and court costs must be made by the
defendant's personal appearance.
Pay plan application
form (Send to Courts)
Financial statement
form (Send to Courts)
COMMUNITY SERVICE
The Community Service Program provides an alternative payment method to
defendants who may have a difficult time paying the fine and court costs
assessed by the Beaumont Municipal Court.
One option to satisfy community service requirements is through a work program
provided through the City of Beaumont Solid Waste Department’s litter abatement
program. This program is presently offered Monday through Saturday. Participants in this program will receive a credit of $12.50 per hour
toward their fines and costs for every hour worked.
Each participant will be required to read and sign the TERMS AND CONDITIONS OF
THE COMMUNITY SERVICE PROGRAM CONTRACT, as well as keep an accurate time log
(provided by the Court Clerk) to submit upon completion. The participant will
also be required to sign a waiver of liability.
You must first see the judge to request community service. If community service
is allowed, the judge will also set a deadline to complete the community
service. When an applicant is approved for community service, he or she has 72
hours to contact the assigned supervisor to schedule the work assignment.
ADDITIONAL RULES –
ADULT COMMUNITY SERVICE - BEAUMONT SOLID WASTE DEPARTMENT
WARRANTS
View Active Warrants List
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.br />
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
criminal misdemeanor violations that are punishable by fine only. Jurors
are randomly selected from voter registration lists. If selected, jury
service is normally for one day. Jury trials are held every
Tuesday. Jurors are paid at a rate of $6.00 per day.
JUROR'S RIGHTS AND RESPONSIBILITIES
Right to Reemployment:
A private employer may not terminate the employment of a permanent
employee because the employee serves as a juror. An employee whose
employment is terminated in violation of this section is entitled to
return
to the same employment that the employee held when summoned for jury
service if the employee, as soon as practical
after release from jury service, gives the employer actual notice that
the employee intends to return. (Civil Practice and Remedies Code,
Section 122.001). Terminating an employee for performing jury duty is
punishable by up to 180 days in
jail and/or a fine not to exceed $2,000 (Civil Practice & Remedies Code,
Sec. 122.002).
Failure to Answer Summons and Penalties
: Any person summoned who fails to attend or who fails to remain in
attendance until discharged by the Court may be fined an amount not to
exceed $100 for contempt (Code of Criminal Procedure, Article 45.027).
Additionally, a person shall be fined not less than $10 nor more than
$100 if the person:
(1) fails to attend court in obedience to the notice without reasonable
excuse; or (2) files a false claim of exemption from jury service
(Government Code, Section 62.111). Furthermore, if a person knowingly
provides false information in a request for an exemption to be excused
from jury service, the person is subject to a contempt action punishable
by a fine not less than $100 or more than $1,000 (Government Code,
Section 62.0140).
Proper Clothing Required
: All persons entering the courtroom must be dressed appropriately so as to maintain the
dignity, decorum and professional atmosphere of the Court and the administration
of justice. No one will be permitted in the Courtroom in shorts or in any
immodest or revealing wear such as halter tops or tube tops. Any clothing
with offensive, vulgar, racist, sexist, obscene, or suggestive words, slogans,
depictions, or pictures will not be allowed in the courtroom. Pants are to be
worn at the waist. No exposed undergarments are permitted. Pants
that
are tattered, shredded or that exposes skin are not permitted.
No hats, caps, head coverings or sunglasses may be worn in the Courtroom, except
with prior permission of the Court.
Exempt or Disqualified: You do not need to appear in person if you are exempt or not qualified for jury service. To claim an exemption or report your disqualification you must complete the jury service exemption form, sign it, and mail or hand deliver it to the Beaumont Municipal Court.
|
QUALIFICATIONS FOR JURY SERVICE |
EXEMPTIONS FROM JURY SERVICE* |
|
To serve as a juror you must meet the following qualifications: |
You may be excused from jury service if: |
Nothing contained herein is intended to be nor should be construed as legal advice and should not be relied upon as such.
Court Procedures
►Pay Tickets On-Line
►
View Active Warrants
►On-Line Forms
►Court Appearances
►Courtroom Decorum
►Dress Code
►Pleas
►Driving Safety Courses
►The Trial
►Continuances
►Presenting The Case
►Case Decisions
►Court Fees
►New Trial & Appeals
►Juveniles
►Teen Court
►Dismissals
►Warrants
►Jury Service
700 Orleans
PO Box 3827
Beaumont, TX 77701-3827
Phone: 409.980.7200
Fax: 409.980.7244