P Citation ssued Overview of Processing Cases Citation filed YES Go to Case Disposition Enter on docket Options mails fine and Appeals NO Go to DSC pages 5&6 Defendant FTA Deferred Disposition Go to Warrants page 13 and FTA page 14 v Defendant Defendant Defendant + pleads guilty or Pleads not pleads no contest guilty.- Payment L Go to Trials Disposition pages 2 and 3 page 12
Jury Trials Other options: DSC (page 5&6); Deferred Disposition (page 7); Payment (page 7); ourt enters not Clerk summons jurors Jury trial conducted Court enters judgment on 4 docket A. YES Judge enters guilty judgment on verdict Fl NO Defendant pays Appeals Payment For bench trials see
right to jury trial in writing Y Judge hears case Appeals Judge finds defendant not guilty Judge dismisses case and releases defendant YES Defendant Appeals Enter dismissal judgment on docket Enter guilty judgment on docket 9 Payment For jury trials see
Defendant pleads guilty or no contest or is found guilty at trial v Judge enters judgment Court enters judgment on docket Defendant pays judgment ndigent? Judge grants time payment or requires fine to be paid by community sewice Court issues order for payment plan or community sewice Time payment fee only added when paid by money; no fee if paid by community service. fee added after 30 days after payment fee
([) 1 Defendant requests DSCJMOC 1. Defendant presents valid Texas DL or other state DL if on activemilitary duty, the spouse or dependent child of active military 2. Defendant presents proof of financial responsibility (insurance) Defendant pleads guilty or no contest Defendant pays court costs and optional $10 fee Court enters judgment, but defers imposition of judgment for 90 days v Send notice of NO,Defendant presents:,- show cause 4 1.Certification of completion (DSC) Yes hearing or verification of completion (MOC); 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 fine present DSC certificate? Judgment entered on docket v NO Judge imposes judgment Capias Pro Fine page 15 YES
Defendant not eligible DSCMOC ( Judge's Discretion 1 Judge grants before final disposition C page 6 Defendant pays court costs and a fee not to exceed the maximum amount of the fine Time to take course not to exceed 90 days YES Judge dismisses case (signs dismissal judgment) YES Enter dismissal on docket Defendant appears? Judge allows defendant to present 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 Defendant agrees to terms Go to Capias Pro Fine page Judge enters judgment of complies? cause hearing and notifies defendant Judge may assess special expense fee up to amount of fine set when case dismissed to make time payments (add $25 time NO Go to
Appeals Judge enters judgment, setting fine and amount of appeal bond Enter judgment on docket Judge decides whether approve bond +No YESg+ Judge decides whether to approve bond + + Appeal information noted on docket Appeal information noted on docket + + Clerk sends original case papers and bond to county court Clerk sends original case papers and bond to county court Case remanded to +NO municipal court Municipal court may collect fine and costs Capias Pro Fine page lote: Appe al bond : not less ti han... - double the fine and ourt costs. 2
Defendant pays fine and costs (See Note) J Case Disposition k g e 9 Clerk processes and advises judge of amount tendered 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 Judge directs clerk to notify defendant of amount remaining and due Defendant Days Go to Capias 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 Clerk gives plea and waiver to judge to accept Judge accepts and enters judgment Court notifies defendant of amount of fine and appeal bond (See note) l~ppeal bond is not less lthan double the amount of Appeals
Defendant delivers in person plea of guilty or no contest and waiver of jury trial Case Disposition #3 page 11 Clerk receives and transmits to judge to accept judgment Judge directs Go to Trials clerk to set case for a hearing pages 2 and 3 Capias Pro Fine page Defendant posts an appeal bond Appeals
Case Disposition #4 page 12 Defendant pays fine at time of entering plea of either guilty or no contest in open court Judge accepts fine and costs Payment receipted Judgment and payment noted on docket 4 Judge enters judgment
P Defendant fails to appear (see note) <; compl enter wiginal arge? on docket date complaint filed (same Probable cause affidavit prepared and sworn Warrant prepared Judge determines back to affiant; probable cause start warrant sufficient? YES Judge signs and issues warrant 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. f warrant served or processed by peace officer, upon 4 conviction collect $50 fee v Warrant information noted on docket and warrant given to PD for service appear see
Defendant fails to appear (See Li Note) Failure to Appear page 14 - - YES Sworn complaint filed Enter on docket (different docket from original charge) Probable cause affidavit sworn Warrant prepared 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.
Defendant pleads guilty or no contest or is found guilty at trial 7 Capias Pro Fine page 15. Judge enters judgment + Judgment noted on docket Defendant fails to pay or perform community service Clerk prepares probable cause affidavit or provides judge with information on judgment Judge issues Judge fine or part of Judge returns file for further Note on docket capias pro fine issued Note: f c lefendant is arrested, the judger vith -- -.--A jnrisdictiu~~ 111us1 runduct an indigent hearing and determine how the defendant will pay. A magistrat cannot conduct