Citation Issued P Overview of

Processing Cases I Citation filed

Go to Case YES Disposition

Enter on docket

mails fine and

NO

Defendant FTA

Go to Warrants page 13 and FTA page 14

v Defendant

Defendant Defendant + pleads guilty or

Pleads not pleads no contest guilty .-

L

Go to Trials Disposition

pages 2 and 3 page 12

Options

Appeals

Go to DSC pages 5&6

Deferred Disposition

Payment

Other options: DSC (page 5&6); Deferred Disposition (page 7); Payment (page 7);

Jury Trials

Clerk summons jurors

ourt enters not

Jury trial conducted

YES .

Court enters Judge enters judgment on 4 guilty judgment Appeals

docket on verdict

I A

NO

Defendant pays Fl Payment For bench

trials see

Judge finds defendant not

guilty

Judge dismisses case and releases

defendant

Enter dismissal judgment on

docket

right to jury trial in writing

Judge hears case Y YES

Enter guilty judgment on

docket 9

Appeals

Defendant Appeals

Payment

For jury trials see

I Defendant pleads guilty or no contest or is found

guilty at trial I

Defendant pays Indigent? judgment

v

Judge grants time payment or requires fine to be paid by

community sewice

Judge enters judgment

I Court issues order for payment plan or community sewice I

Court enters judgment on

docket

Time payment fee only added when paid by money; no fee i f paid by community service.

after 30 days after fee added payment fee

Defendant requests DSCJMOC ([)I 1 I 1. Defendant presents valid Texas DL or other state DL if on active- military duty, the spouse or dependent child of active military 2. Defendant presents proof of financial responsibility (insurance) I

I Defendant pleads guilty or no contest I

Defendant pays court costs and optional $10 fee

I Court enters judgment, but defers imposition of judgment for 90 days I v

Send notice of NO ,Defendant presents:

show cause 4 1.Certification of completion (DSC) or verification of completion (MOC); Yes ,-

hearing Judge removes judgment 2. Copy of DL record maintained by and dismisses case DPS showing that defendant had not taken DSCMOC within 12 month preceding request (not required if active military, spouse or dependent v childe of active military from Enter dismissal on another state); and docket

NO

judment imposing present DSC certificate?

fine

Judgment NO entered on v

docket Judge imposes judgment

Capias Pro Fine YES

page 15

I Defendant not eligible I I DSCIMOC I ( Judge's Discretion 1

I Judge grants before final disposition IC page 6

Defendant pays court costs and a fee not to exceed the maximum amount of the fine

I Time to take course not to exceed 90 days I

YES Judge dismisses case (signs dismissal judgment)

YES Enter dismissal on docket

Judge allows Defendant defendant to present appears?

Court enters guilty Court enters guilty

Go to Capias Pro Fine page

paymet arrangements or pays in full. Payment (s)

Defendant appeals

Appeals

uilty or no contest

I Defendant agrees to terms I

Judge enters judgment of

complies? cause hearing and notifies defendant

Go to Capias Pro Fine page

to make time Judge may assess special payments (add

expense fee up to amount of $25 time fine set when case dismissed

NO

Go to

Appeals

I Judge enters judgment, setting fine I and amount of appeal bond

I Enter judgment on docket I

Capias Pro Fine page

Judge decides whether

approve bond

lote: Appe : not less ti

.. .

ourt costs.

2

+No YESg+

double the fine and

Judge decides whether to

approve bond

+ +

al bond han -

Appeal information

noted on docket

Appeal information

noted on docket

+ + Clerk sends original Clerk sends original

case papers and case papers and bond to county bond to county

court court

Case remanded to +NO municipal court

Municipal court may collect fine and

costs

I

I Defendant pays fine and costs (See Note) I

Clerk processes and advises judge of amount

tendered

Case Disposition k g e 9 J

Judge accepts no contest Judge accepts no contest plea and enterts YES+ plea and enters

judgment of guilty and costs? judgment of guilty

Note judgment and Note judgment and

ment on docket

I Judge directs clerk to notify defendant of amount remaining

and due I Go to Capias

Defendant Days

For Case Disposition on

mail-in pleas and waiver of jury

For Case Disposition on

pleas delivered in person, see

plea of guilty or no Case Disposition #2 contest and waiver page 10

I Clerk gives plea and I I waiver to judge to accept I

Judge accepts and enters judgment

Court notifies defendant of amount of fine and appeal bond

(See note)

l ~ p p e a l bond is not less I lthan double the amount of I Appeals

Defendant delivers in person plea of guilty or no contest and waiver of jury I trial I I Case Disposition #3

page 11 I Clerk receives and transmits to

judge to accept

Judge directs Go to Trials clerk to set case pages 2 and 3

judgment for a hearing

Capias Pro Fine page

Defendant posts an appeal bond

Appeals

Case Disposition #4 page 12 I

I Defendant pays fine at time of entering plea of either guilty or no contest in open court

Judge accepts fine and costs

Payment Judge enters receipted judgment

I

Judgment and payment noted

on docket 4

Defendant fails to appear (see note) P

compl <; enter on docket date wiginal complaint filed (same arge?

Probable cause affidavit

prepared and sworn

Warrant prepared

Judge determines

back to affiant; YES Judge signs and issues probable cause start warrant warrant

sufficient?

Before filing FTA or VPTA charges or issuing warrants, court must wait an additional 10 working days after appearance date to see if defendant appears by mail. Art. 45.013, C.C.P.

appear see

If warrant served or processed by peace

officer, upon conviction collect $50

fee

v

4

Warrant information noted on docket and warrant given to PD

for service

I Defendant fails to appear (See I

Note) Li - -

YES

Sworn complaint filed

Enter on docket (different docket from

original charge)

Probable cause affidavit sworn

Warrant prepared

Failure to Appear page 14 I

back to affiant; determines Judge issues start warrant warrant

YES-

Note: VPTA - See. 543.009, T.C. Applies ot Subtitle C, T.C. offenses. FTA - Sec. 38.10. P.C, Applies when defendant has been in custody and released with or without bail and failed to appear. Prosecutor makes decision whether to file FTA or VPTA.

I 7

Defendant pleads guilty or no contest or is found guilty at trial

Capias Pro Fine page 15

I Defendant fails to I

. Judge enters

judgment

I pay or perform community service I

Clerk prepares probable cause affidavit o r provides judge

with information on judgment

I I

+

Judge Judge issues Judge returns

fine or part of file for further

Judgment noted on docket

Note on docket capias pro fine

issued lefendant is the judger -- -.--A

Note: I f c arrested, vith jnrisdictiu~~ 111us1 runduct an indigent hearing and determine how the defendant will pay. A magistrat cannot conduct