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A not guilty plea means that the defendant asserts that he/she did not commit the offense and he/she demands a trial. A guilty plea means that the defendant admits committing the offense. A plea of nolo contendere (no contest) means that while the defendant does not admit the allegations in the citation or complaint, he/she does not deny them either. The defendant does not contest the charge and he/she is subject to the same sanctions or penalty as he/she had pled guilty. A defendant does not make an admission of guilt when he/she pleads nolo contendere.
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The Court is located at:City Hall200 Rusk StreetPittsburg, TX 75686
Parking is extremely limited in front of City Hall, however there is extra parking across the street.
Any persons with disabilities who require special accommodations or assistance should notify the Pittsburg Municipal Court by calling the Court at 903-856-3621 prior to the date of their hearing.
If your violation requires a mandatory appearance, you must appear in court. If you wish to contest any charge you can appear at the date and time listed on your citation. If your violation does not require a mandatory appearance, you can pay your fine using one of several options.
This is ultimately a question that you alone must answer. You have the constitutional right to represent yourself in any criminal proceeding in the Pittsburg Municipal Court. In most circumstances, it would not be necessary to retain an attorney for cases such as simple traffic matters.
The City will be represented by an experienced prosecutor who is a trained attorney. You will be expected to know and follow the rules of procedure and evidence, as well as the proper method of asking questions. Also, remember that the Judge is not allowed to help you.
The defendant’s first appearance in court will normally be the arraignment. An arraignment shall be conducted within 48 hours of arrest if the defendant is still in jail. If the defendant has been released on his own recognizance or has posted a bond or cash bail, the arraignment will occur within a short time period after the defendant’s release from jail.
At the arraignment, the defendant is informed of the charges against him and he/she is asked to enter a plea. The plea may be one of not guilty, guilty, or no contest. If the defendant enters a plea of guilty or no contest (nolo contendere), the judge may, in most circumstances, impose a sentence immediately. If the defendant enters a plea of not guilty, the matter is set for trial. Prior to entering a plea, the defendant is also informed of his constitutional rights, involving the following:
I understand that I have the following constitutional rights at the time of my arraignment in Pittsburg Municipal Court:
At the Defendant’s request, the Court Clerk will issue subpoenas to ensure the appearance of witnesses and/or the production of evidence on behalf of the Defendant. However, service of the subpoenas is the sole responsibility of the Defendant. The Defendant should obtain subpoenas as soon as the trial is set.
All requests for continuance or postponement of the trial must be made in writing and should be made at least 10 days before trial. You must serve a written copy of your request on the City Attorney. The Court will only grant your request if you have shown good cause. Do not assume your request has been granted. Check back with the Court. Absolutely no requests for continuance by telephone will be granted.
All trials in Municipal Court are bench trials; that is, the Judge alone hears the evidence and decides the case. There is no jury.
The Prosecutor and the Defendant will be given the opportunity to make an opening statement. An opening statement is not required. It may be reserved for later in the trial or it may be waived. The opening statement is intended to allow the parties to state to the Court what the evidence presented will show. It is not evidence to be used by the Court in making a decision.
The City Attorney will call witnesses, some of whom may be police officers. The City Attorney will question the witness concerning any knowledge they may have of the facts of the case. After the City Attorney finishes questioning a particular witness, you as the Defendant then have a right to cross-examine the witness. Cross-examination means asking questions concerning the facts to which the particular witness has testified. This is not the time for you to testify.
The cross-examination questions should be directed to the witness’ testimony to test the witness’ recollection of facts. Each witness is treated in this same fashion. After the cross-examination is completed, the City Attorney will have the opportunity to conduct a re-direct examination. This means the City Attorney may ask additional questions only on facts or statements of a witness given on cross-examination.
When the City Attorney finishes calling all his/her witnesses, the City will rest its case. The City has the burden of proving its case beyond a reasonable doubt by competent evidence presented to the Court. If the City has failed to prove its case at this time in the trial, the case may be dismissed.
If the Defendant elects to proceed, he may testify under oath but is not, and cannot be, required to testify. If the Defendant chooses to testify, the City Attorney has the right to conduct a cross-examination. Also, the Defendant may present witnesses at this time in the trial. The City Attorney may cross-examine these witnesses.
Testimony should be restricted to the facts surrounding the charge before the Court. Testimony as to what someone said is not admissible as evidence unless the person who made the statement is present for cross-examination. Prior driving habits and prior driving records are not admissible as evidence at a trial.
At the conclusion of the Defendant’s case, the City Attorney will be given the opportunity to call witnesses to rebut the testimony of the Defendant or his witness. If the City Attorney calls rebuttal witnesses, the Defendant is allowed to call witnesses to rebut that testimony.
When both the City and the Defendant have finished presenting their testimony and evidence, they will have the opportunity to make a closing argument. The City makes the first argument; the Defendant then makes an argument, and the City can then rebut the Defendant’s argument. A closing argument is each side’s summary of the evidence presented to the Court as viewed by each party. Closing arguments are not required and are not received by the Court as evidence to be used in making a decision. When all evidence is presented and final arguments are completed the Judge will decide the case.
If the Defendant is found guilty the Judge will then impose a sentence. Before sentencing, the Defendant will be given an opportunity to make a statement. The victim (if any) will be given an opportunity to make a victim impact statement. Any fine imposed is presumed due on the date sentence is imposed.
Generally, if the citation was not for a serious traffic violation (five points or more) and you have not had an accident or other moving traffic violation in the past three years, you can attend traffic school in order to have the citation amended to a non-moving violation. If you complete the traffic school as directed and supply proof of the completion within the allotted time period to the Court Clerk’s Office, neither the original nor the amended charge will be reported to the Department of Motor Vehicles (DMV). Traffic School is separate and apart from the court. You will be charged a fee to attend class.
You can apply for a payment extension in order to satisfy your fine. The average fine amount will be given a two-week payment extension. In exceptional circumstances, you may explain your financial situation to the Court. Community Service may be performed in lieu of the fine if approved by the court. If you are unable to satisfy the full amount of the fine on the sentencing date, you will be assessed an additional payment extension fee of 10% of the total amount owing, minimum $25, maximum $100.