Municipal Court

Important Information

• The Floresville Municipal Court does not give legal advice
• Please allow five business days to allow the court to process your citation
• A telephone call does not constitute a court appearance

You may make you appearance in person or by mail. Please reference the Forms section for more information.

Attorneys must submit a letter of representation before information may be released.

Defendants must answer for their own citation: we do not release information on cases in which defendants have not entered a plea.

Courtroom Rules of Contact

Weapons and Consent to Search

Pursuant to section 46.03 of the Texas penal code the possession of any firearm, illegal knife, club or any prohibited weapon set forth in section 45.05(a), Texas penal code in the Municipal Court/City Hall building, any courtroom, or any office utilized by the Municipal Court is strictly prohibited. A violation of the law is a third degree felony. All persons who enter the Municipal Court/City Hall Building, any courtroom, or any office utilized by the Municipal Court of the City of Floresville are subject to search of their person and their belongings. All persons who enter said premises consent to the search of their person and their belongings for prohibited weapons. Commissioned peace officers may bring weapons into the courtroom.  The judge shall have the discretion to have any object removed from the courtroom.

Electronics

All cell phones, beepers, pagers, and all other communicative devices must be turned off before entering the courtroom. No cameras, recording devices, tablets or any other electronic equipment are allowed in the courtroom.

Attire

Dress appropriately for court. No tank tops, halter tops, muscle shirts or t-shirts with indecent, obscene or profane words, language, graphics or illustrations. No shorts, revealing clothing, extremely baggy clothing or gang related clothing. No caps, hats, bandanas or sunglasses.

Conduct

Order shall be maintained at all times. Violation of this rule can result in a reprimand by the judge, expulsion from the courtroom or a contempt citation.

Pro se parties (individuals representing themselves without an attorney) should be prepared to present their cases in a proper manner.  It is not the court’s duty or responsibility to protect or represent you, nor instruct you on court procedure, evidence, rules, or how to present and prove your case.

Attorneys representing defendants will be called separately.

• Be on time, check in with the bailiff, and be prepared to wait your turn.
• No food, chewing gum, or drinks are allowed in the courtroom.
• Rise when the judge enters or exits the courtroom
• Address the court as “Judge” or “Your Honor”
• Address opposing parties, counsel, witnesses, and court officers as “Mr.”, “Mrs.”, “Miss”, “Officer”, etc.
• Do not talk at the same time as the court, opposing counsel, or witnesses.
• Racist, sexist, obscene, or profane language or gestures are prohibited unless it is pertinent to a case and is elicited and quoting from facts in the case.
• Do not enter and depart the courtroom without the bailiff’s authorization.
• Do not approach the judge’s bench or clerk’s station without permission.
• Do not read newspapers, magazines, books, etc. in the courtroom during proceedings.
• Children must not create a disturbance in the courtroom or they must be kept outside of the courtroom.

Juveniles

Juveniles under the age of 17 at the time of the offense are required by law to appear in person with a parent or legal guardian before the court. Juvenile cases are set for docket and notice will be sent to the address on file. Notify the court to all changes of address.

Alcohol Offenses

Consumption, possession, purchase, misrepresentation of age. If you are under 21 years of age and received a citation for an alcohol offense except for the offense of driving under the influence and this is your first offense, you are required to:

• Attend an alcohol awareness class within 90 days
• Complete 8-12 hours of community service within the same 90 days
• Submit proof of alcohol awareness class attendance within 90 days
• Submit proof of community service within the same 90-day period

These violations require a mandatory court appearance. If you fail to attend the alcohol awareness class or complete the required community service hours, your driver’s license will be suspended. These requirements are in addition to payment of a fine and court costs.

Trial Information

Information on Your Rights

A trial in Municipal Court is a fair, impartial and public trial as in any other court. Under Texas law, you may be brought to trial only after a sworn complaint is filed against you. A complaint is a document that charges you with the offense that you are alleged to have committed. You may be tried only for what is alleged in the complaint. You have the following rights in court:

• The right to have a notice of the complaint not later than the day before any proceedings
• The right to inspect the complaint before trial, and have it read to you at trial
• The right to have your case tried before a jury, if you so desire
• The right to hear all testimony introduced against you
• The right to cross-examine witnesses who testify against you
• The right to testify in your behalf
• The right not to testify, if you so desire. If you choose not to testify, your refusal to do so may not be held against you in determining your innocence or guilt
• You may call witnesses to testify in your behalf at trial, and have the court issue a subpoena (a court order) to any witness to ensure his or her appearance at trial. The request for a subpoena must be in writing, directed to the clerk of the court at least three weeks prior to your trial date, and you must give the name, current address, and telephone number of each witness that you want subpoenaed.

Jury Trial

If you choose to have the case tried before a jury, you have the right to question jurors about their qualifications to hear your case. If you think that a juror will not be fair, impartial or unbiased, you may ask the judge for a challenge for cause to excuse the juror. The judge will decide whether to grant your request. In each jury trial, you are also permitted to strike three members of the jury panel for any reason you choose, except an illegal reason (such as based solely upon a person’s race or gender). This is referred to as a peremptory strike and each side has three peremptory strikes. Most jurors are selected from the first twelve members of the jury panel, as a Municipal Court jury is composed of six jurors.

Plea Information

Under our American system of justice, all persons are presumed to be innocent until proven guilty. On a plea of not guilty, a trial is held. As in all criminal trials, the State must prove the guilt of a defendant “beyond a reasonable doubt” of the offense charged in the complaint before the defendant can be found guilty by a judge or jury.

Your decision concerning which plea to enter is very important. You should read the following explanation of all three types of pleas and think carefully before making your decision. If you plead guilty or nolo contendere you should be prepared to pay the fine.

Plea of Guilty

By a plea of guilty, you admit that the act is prohibited by law and that you committed the act charged. Before entering your plea of guilty, however, you should understand the following:

• The State has the burden of proving you violated the law (the law does not require that you prove you did not violate the law)
• You have the right to hear the State’s evidence and require the state to prove you violated the law
• A plea of guilty may be used against you later in a civil suit if there was a traffic accident (another party can say you were at fault or responsible for the accident because you plead guilty to the traffic charge)

Plea of Nolo Contendere (No Contest)

A plea of nolo contendere means that you do not contest the State’s charge against you. You will almost certainly be found guilty, unless you are eligible and successfully complete a driving safety course and/or deferred disposition. Also, a plea of nolo contendere may not be used against you in a subsequent civil suit for damages.

Plea of Not Guilty

A plea of not guilty means that you deny guilt and that the State must prove the charge that is filed against you. If you plead not guilty, you need to decide whether to hire an attorney to represent you. If you plead not guilty, you will be set for a pre-trial conference with the prosecutor to discuss your case.

Plea Form (English)
Plea Form (Español)

Deferred Disposition

You may request deferred disposition to prevent DPS from assessing points to your driving record. Deferred disposition is commonly referred to as “probation.” Basically it means that you will pay the fines and fees assessed by the judge and he will agree to “defer” his finding of guilt for a period of up to 180 days. With this request, you will enter into an agreement with the court that you will not receive any tickets in your deferral period. If you completed the deferral period without incident, the violation will not affect your driving record. If you get another ticket or do not pay the fees assessed by the judge, you will have a show cause hearing to determine the result of your case. If you are under the age of 25 you will be required to take a driver’s safety course as a condition of the deferred disposition. CDL holders are not eligible for deferred disposition on moving violations.

Deferred Disposition Request Form

Driver’s Safety Course

You may wish to take a driver’s safety course to prevent DPS from accessing points to your driving record. In order to qualify for the driver’s safety course, you must:

• Have a valid Texas driver’s license (military or military dependents are not required to have a Texas driver’s license to qualify)
• Liability insurance listing you as a covered driver
• Must not have taken the course in the last 12 months for the purpose of dismissing a ticket
• Must submit the request form, payment, and a copy of your insurance on or before your initial appearance date (the date on your citation)

The amount of $144.00 ($169.00 for school zone violations) must be paid to the Municipal Court at the time of the request.

After the request has been submitted and accepted by the court, you will be required to obtain a certified copy of your driving record (certified version of #3) from the Texas Department of Public Safety. The court will provide you with the proper application.

Upon approval to take the driver’s safety course, you will have 90 days to complete the class and return the required documents to the court. Once the court receives the documents, we will notify DPS of the course completion and the citation will not affect your driving record.

DRIVER’S SAFETY COURSES ARE NOT AVAILABLE FOR DEFENDANTS WITH A COMMERCIAL DRIVER’S LICENSE (CDL); VIOLATIONS INVOLVING PASSING A SCHOOL BUS; VIOLATIONS THAT OCCUR IN A CONSTRUCTION ZONE; OR VIOLATIONS OF 25 MILES OVER THE POSTED SPEED LIMIT.

Driving Schools

The court is not allowed to recommend a driving school. Please refer to the yellow pages of the telephone directory, under Driving Instruction and/or Driving Schools and call a number listed. You need only ask if their school is an approved course for the dismissal of a traffic citation. You can take the course anywhere within the State of Texas so long as the six-hour course is Texas Department of Licensing and Regulation (TDLR)-approved. You also may take the course online or by renting the video. You can visit the TDLR website for locations of a driving school near you or for approved online courses.

Driving Safety Course Request

Compliance Tickets

Request for Compliance Dismissal. Some violations allow a dismissal of the charge with a processing fee. If you were charged with one of the following you may be eligible:

• Expired vehicle registration
• Expired driver’s license
• Defective equipment (e.g., headlights, taillights)

YOU MUST PROVIDE THE COURT WITH PROOF OF RENEWAL OR RECEIPT OF REPAIR.

• Appearance on or before initial appearance date
• Dismissal fee paid at time of submission
• Receipt of payment for fees and penalty for renewal
• Remedy defect corrected within compliance period allowed by statue

Proof of Insurance for Failure to Maintain Financial Responsibility

If you were charged for failure to maintain financial responsibility, you MUST SUBMIT your insurance card showing coverage on the date and time of your violation. All insurance presented to the court is verified by phone with the issuing agency in accordance with the law.

WARNING: A MATERIAL FALSE STATEMENT UNDER OATH MADE IN CONNECTION WITH A COURT PROCEEDING IS A FELONY OF THE THIRD DEGREE.

Insurance Dismissal Request

If you DID NOT have insurance at the date and time of the violation, but subsequently obtained insurance, you may be eligible for a Deferred Disposition.

DPS Surcharge Information

See the Texas Department of Public Safety’s website for more information. You may be assessed surcharges for convictions. Some violations accrue points, once you obtain a certain number of points you will be assessed surcharges. Some violations are automatic surcharges upon conviction. Please carefully review the above information, and make an informed decision regarding your case.