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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