True or False
When a judge enters a judgment, the penalty is the fine and costs and in some cases, other sanctions.
True.
True or False
Municipal courts may not require restitution.
False.
True or False
Statutes do not establish limits on the amount of maximum possible penalties that municipalities may create in their ordinances.
False.
True or False
If a judge believes that the maximum fine is not high enough, the judge may assess a higher fine.
False.
True or False
Fine penalties for violations of state law offenses vary.
True.
True or False
The maximum possible fine for a Class C Penal Code offense is $500.
True.
True or False
Offenses outside of the Penal Code that are fine-only, regardless of the amount of the fine, are Class C misdemeanors.
True.
True or False
When a municipal court orders restitution upon convictions, it may be in an amount up to the amount of the fine assessed, except for the offense of issuance of bad check.
False (there is no cap on restitution, except on the offense of issuance of bad check, when ordered as part of the sentence upon conviction; when ordered as a condition of deferred, restitution can be in an amount up to the fine that could have been assessed).
True or False
The maximum restitution that municipal courts may require for the issuance of a bad check is $5,000.
True.
True or False
Clerks should keep records of restitution payments and coordinate payments to victims.
True.
True or False
Judges who know that a defendant has had a prior conviction can impose a higher fine regardless of how the offense was charged by the officer or prosecutor.
False.
What are judges required to do when a defendant is arrested, placed in jail, and later convicted?
The court is required to give the defendant credit on his or her sentence for the time that the defendant spent in jail from the time of his or her arrest and confinement until his or her sentence by the trial court.
What constitutes a “period of time” for determining jail credit?
“Period of time” is defined as not less than eight hours or more than 24 hours as specified in the judgment of a case.
What is the clerk’s responsibility regarding records of defendants who have been in jail and later convicted?
As custodian of the records, clerks should properly record jail-time credit on a defendant’s case file and in the docket.
What amount may the processing fee not exceed?
The processing fee may not exceed five percent of the amount of the fee, fine, court costs, or other charge being paid.
If a service charge is assessed, at what amount may it be set?
The amount of the service charge is the same as the fee charged for the collection of a bounced check (a check drawn on an account with insufficient funds).
True or False
When a defendant fails to pay a previously assessed fine, the court may require a defendant to perform community service to discharge the fine.
True.
True or False
Judges must specify in a community service order the amount of hours to be worked.
True.
True or False
Community service may only be performed for a governmental entity or a non-religious organization.
False. The definition of community service is now broad. It may be a governmental entity, a nonprofit, or another organization that provides services to the general public that enhance social welfare and the well-being of the community. What qualifies is up to the judge.
True or False
If a judge determines that working more than 16 hours a week will not be a hardship, the court may order more time.
True.
True or False
A judge is not liable for damages arising from an act or failure to act in connection with manual labor if the failure to act was performed under a court order and not intentional, willfully, or wantonly negligent.
True.
True or False
When a judge determines that the defendant does not have sufficient resources to pay, and community service is an undue hardship, the court may waive payment of the fine and court costs.
True.
True or False
The time payment reimbursement fee is required to be paid by a defendant who pays any part of a fine, costs, or restitution on or after the 31st day after a judgment is rendered.
True.
True or False
Courts are required to report to the DPS all convictions for violations of laws regulating the operation of a vehicle on a highway.
True.
True or False
When a defendant posts a bond and fails to appear for traffic offenses, the court must report the bond forfeiture to the DPS when there is a final judgment on the forfeiture.
True.
True or False
If a court fails to properly report traffic convictions to the DPS, the judge or clerk may be removed for misconduct in office.
True.
True or False
Courts are required to report to the DPS within 30 days of the date of conviction.
False (must be reported not later than the seventh day).
What is a capias pro fine?
A capias pro fine is a writ issued after a hearing for failure to satisfy the judgment and sentence. The writ directs a peace officer to bring the person before the court immediately. See Article 43.015(2) and Article 45A.259 of the Code of Criminal Procedure.
What should every case file have, at a minimum, post-conviction?
At a minimum, every case file should have a written, signed judgment post-conviction. Without this, the court cannot proceed to any of the enforcement mechanisms available under the law.
Who has the authority to issue a capias pro fine?
Only the judge.
If a defendant is indigent, what must the court do?
The court has a duty to inquire into the defendant’s ability to pay. There are alternative means through which the defendant can discharge the judgment; the judge may also determine that fine and costs should be completely waived.
What is the process called that may be used to sell a defendant’s property to satisfy a fine?
Execution.
A contract with DPS for denial of driver’s license renewal applies to what offenses?
Any fine-only offense.
When a city contracts with DPS, when is the $10 reimbursement fee required?
When a defendant perfects an appeal of the case for which the warrant of arrest was issued or judgment arose; when a defendant posts bond or gives other security to reinstate the charge for which the warrant was issued; when the defendant pays the fine and costs owed on the outstanding judgment or makes suitable arrangement to pay the fine and costs within the court’s discretion; when the case is dismissed.
What kind of city may contract with the county and the Department of Motor Vehicles for the denial of vehicle registration?
Current law allows any city type to contract.
Vehicle registration may be denied for what offenses?
Vehicle registration may be denied for certain traffic offenses that have a maximum possible penalty of $200.
What authority does the city have to contract with a vendor for collection of fines?
Article 103.0031 of the Code of Criminal Procedure provides authority for a city to contract with a private attorney or vendor to collect fines, fees, restitution, and other debts or costs.
Article 103.0031 of the Code of Criminal Procedure provides authority for a city to contract with a private attorney or vendor to collect fines, fees, restitution, and other debts or costs.
The debt or failure to appear must be owed on the 61st day after the defendant was ordered to pay or failed to appear.
What offenses are not eligible to be dismissed by completing a driving safety course?
The following offenses cannot be dismissed through a driving safety course:
•Speeding 25 mph or more over the speed limit;
• Driving 95 mph or more;
• Offense committed in a construction or maintenance zone when workers are present;
• Passing a school bus loading or unloading children;
• Leaving the scene of a collision after causing damage to a vehicle that is driven or attended;
• Leaving the scene of a collision and failing to give information and/or render aid;
• Serious traffic violation; and
• Offense committed by a person who held a commercial driver’s license at the time of the offense or holds a CDL at the time of the request for DSC, including when the person is driving his or her own vehicle
When must a defendant enter a plea to be eligible to take a driving safety course?
On or before the answer date on the citation.
True or False
The defendant must be allowed to take a driving safety course if he or she requests one after being found guilty at trial.
False (the defendant must enter a plea on or before his or her appearance date; after trial, it is within the judge’s discretion to grant).
True or False
A defendant who took a driving safety course four months earlier cannot take a driving safety course for ticket dismissal.
False (the judge can grant a DSC in his or her discretion).
True or False
A defendant must provide a valid Texas driver’s license (or be military) and proof of financial responsibility to be eligible for a DSC.
True.
True or False
Defendants completing a driving safety course do not have to pay court costs.
False.
A defendant who is not entitled to take a driving safety course must pay an administrative fee equal to the amount of the fine that could have been imposed.
False (defendants entitled to take a DSC may be required to pay an administrative fee of up to $10; those granted a DSC under the court’s discretionary power may be required to pay an administrative fee up to the amount of the fine that could have been imposed).
For what offenses must the court order a specialized safety belt course?
Violation of the child safety seat offense under Section 545.412 or failure to secure a child in a safety belt under Section 545.413 of the Transportation Code.
How long does a defendant have to take a driving safety course and present evidence of course completion to the court?
90 days.
What evidence must a defendant present the court before a court can dismiss a charge for which a driving safety course was granted?
Evidence of completing the course (uniform certificate); a certified copy of his or her driving record as maintained by the Department of Public Safety; and an affidavit. (Note: If the defendant is on active military duty, the court most likely will not have the defendant’s driving record from DPS.)
Who has authority to grant deferred disposition?
Only the judge.
List offenses for which a judge has no authority to grant deferred disposition.
The following offenses are not eligible for deferred disposition:
• Offenses committed in a construction work zone when workers are present.
• A minor charged with the offense of consuming an alcoholic beverage if the minor has been previously convicted twice or more of this offense.
• A minor charged with the offense of driving under the influence of an alcoholic beverage if the minor has been previously convicted twice or more of this offense.
• A minor who is not a child (under age 17) and who has been previously convicted at least twice of an offense to which Section 106.071 of the Alcoholic Beverage Code applies.
• A defendant charged with a traffic offense that has a commercial driver’s license or had one at the time the traffic offense was committed.
How may a court require a defendant to pay court costs when granting a defendant deferred disposition?
The judge can require the defendant to pay court costs before granting deferred disposition, or allow the defendant to pay in installments; by performing community service; or by both installments and community service during the probation.
What is the maximum amount of time that a judge may place a defendant on probation under deferred disposition?
180 days.
True or False
The judge may require a defendant who successfully completes his or her deferred to pay the potential fine assessed in the case.
False, generally fines as punishment for the offense are only imposed upon conviction. It is worth noting here, however, that defendant could have been ordered to pay a deferred fine (formerly called a special expense fee) as a condition of the probation. If the defendant is unsuccessful, then the potential fine possible in the case, as provided for in the fine range for the specific offense and set by the judge, could be assessed. Any money paid for the deferred fine would be applied to that amount.
True or False
A judge may order a deferred fine when granting deferred.
True.
True or False
When the judge grants deferred disposition for a defendant charged with an Alcoholic Beverage Code offense, the judge must require attendance at an alcohol awareness program.
True.
True or False
When a defendant under the age of 25 charged with a moving violation is granted deferred, the judge must make the defendant take a driving safety course as a term of the deferred disposition.
True.
True or False
When a defendant with a provisional driver’s license charged with a moving violation is granted deferred, the only mandatory requirement is to take a driving safety course.
False (the defendant must be examined by the Department of Public Safety).
List the information a clerk should document in the docket when a judge grants a defendant deferred disposition.
The following information should be entered in the docket when a judge grants deferred disposition: (1) the date the judge ordered the sentence to be suspended and the disposition deferred; (2) the deferral period; (3) the court costs paid; (4) the fine assessed; (5) whether there was a plea of guilty or nolo contendere, or whether there was a finding of guilt after a trial.
When a defendant complies with all the terms of deferred disposition, what is the judge required to do?
Dismiss the case.
What information should be entered in the docket when a defendant completes the terms of deferred disposition?
The clerk should note in the docket that the complaint is dismissed (after the judge signs the dismissal judgment).
When deferred disposition is granted, when may the court impose the deferred fine (formerly called special expense fee)?
The court may assess a special expense fee to be paid before the end of the deferral period.
What is the amount of the deferred fine (formerly called the special expense fee)?
The special expense fee may not exceed the amount of the fine that could be imposed.
What must a judge do if a defendant fails to present evidence of completion of the terms of deferred disposition?
When a defendant fails to present satisfactory evidence of compliance of the terms of the deferral within the deferral period, the court shall notify the defendant in writing mailed to the address on file with the court to appear to show cause why the order of deferral should not be revoked.
When is a judge required to submit to the Department of Public Safety a report of a conviction in a traffic case if deferred disposition has been granted?
The court does not submit to DPS a record of a traffic case where deferred disposition has been granted unless the defendant fails to complete the terms of deferred disposition and the judge enters a final judgment of guilty. Then the judge reports a conviction to DPS.
For what offenses is the court required to report an order of deferred disposition?
The court is required to report an order of deferred disposition for all minor Alcoholic Beverage Code offenses.
When a defendant is placed on deferred disposition for an alcohol-related offense by a minor under Chapter 106 of the Texas Alcoholic Beverage Code, how many hours of community service are required for a first offense?
For a first offense, the court must require not less than eight or more than 12 hours community service.
Up to how many days may a judge defer proceedings when a defendant is ordered to attend a teen court program?
A court may defer proceedings for up to 180 days as part of a teen court program for a defendant who is under age 18 or enrolled in a secondary school.
What is required in order for a judge to defer proceedings against a committed chemically dependent person for 90 days?
Proceedings against a committed chemically dependent person may be deferred for up to 90 days if the court finds (1) the offense resulted from or was related to defendant’s chemical dependency; and (2) an application for court ordered treatment of the defendant is filed in accordance with Chapter 462 of the Health and Safety Code.
Does someone charged with a city ordinance violation have the right to appeal his or her conviction?
Yes.
Does someone who fails to appear and is later arrested and convicted have a right to appeal his or her conviction?
Yes.
Which court typically has jurisdiction over municipal court appeals?
The county court.
When a defendant fails to file his or her bond with the municipal court timely, what happens to the appeal?
If the defendant fails to file an appeal bond within the required time limit, the municipal court sends the appeal to the county court. The county court has to make the decision whether or not to take jurisdiction of the case. If the county court decides that it does not have jurisdiction, it sends the case back to municipal court.
What happens when an appellate court determines that it does not have jurisdiction to hear a case?
The appellate court sends the case back to municipal court, which can then collect its judgment.
What happens to a case appealed from a non-record court?
The trial in the appellate court is de novo, a new trial as if the case had originally commenced in that court.
What is the appeal based upon from a record municipal court?
The appeal is based upon errors reflected in the record of the trial.
List types of appeal bonds.
The types of appeal bonds are: cash appeal bond, surety appeal bond, and personal appeal bond.
What must the amount of an appeal bond be?
An appeal bond may not be less than two times the amount of the fine and court costs, but it may be more. In no case can it be less than $50.
True or False
In a municipal court, a defendant can mail to the court a plea of guilty or nolo contendere and appeal his or her conviction without making a personal appearance in court.
True.
When a defendant appears in open court, how long does he or she have to file the appeal bond with the court?
If the defendant appears in open court, the defendant has 10 days after the judgment is entered to present the court with an appeal bond.
When calculating when a defendant is to file an appeal bond, does the court count the day judgment was entered?
No (the court counts the following day as day one).
When calculating time to present the court with an appeal bond, does the court count the 10th day?
Yes.
When calculating time to present the court with an appeal bond, does the court count the 10th day if it falls on a Saturday?
No.
Explain the mailbox rule.
The mailbox rule provides that a document may be filed with the court by mailing it in a first class postage prepaid envelope, properly addressed to the clerk, on or before the date the document is required to be filed. It is considered timely filed if the clerk receives it not later than the 10th day after the date that it is required to be filed. Hence, an appeal bond is timely filed if it is received timely under the mailbox rule.
When is a defendant’s appeal completed?
A defendant’s appeal is completed when the defendant presents the court with an appeal bond in the required time period.
What is the role of a clerk in the appellate process?
The clerk’s role is characterized as ministerial. When a clerk receives an appeal bond from a defendant, he or she should immediately date stamp it with the date it was filed with the court and then give it to the judge. The clerk has a mandatory ministerial duty to send the appeal to the appellate court.
If a clerk makes a mistake on the transcript, does this cause the appeal to be dismissed?
No.
When a case is appealed, what does a non-record municipal court send to the appellate court?
Along with the transcript, the court is required to send all the original documents in the case. The court keeps copies for its file.
What happens to municipal court proceedings when an appeal bond is filed with the court?
All proceedings in municipal court cease.
What happens to the fine assessed in the county court against a municipal court defendant who has appealed his or her case from a non-record municipal court?
If there is a conviction in the county court, the county keeps the fine money and reports the court costs to the State.
May a defendant withdraw an appeal and pay the fine in a non-record municipal court?
No, not without a writ of procedendo.
If an appeal is from a court of record, can a defendant withdraw an appeal?
Yes.