MUNICIPAL COURT FAQs

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The 926 Municipal Courts in Texas and 1,265 judges play a critical role in public safety, protecting the quality of life in Texas communities, and deterring criminal behavior. Texas Municipal Court judges must undertake at least 16 training hours annually with the Texas Municipal Court Education Center (www.tmcec.com). All Texas municipal courts are funded by their cities or municipalities. Note that courts have judicial independence and are not allowed to be improperly influenced by other branches of government. All judges take an oath to uphold that promise of independence and impartiality.  To learn more about Texas Municipal Court, click on this informative video link:  https://youtu.be/Xae4St8YWck?si=zcWKfWgo5AHqYD2L

About the City of Caddo Mills Municipal Court.  The presiding judge of the Caddo Mills Municipal Court is Judge Anne Puidk Horan. She began serving on the bench in 1995, beginning her tenure as judge for the City of Caddo Mills in 1999. She holds three graduate degrees with honors. Her law degree was awarded from University of Texas School of Law in 1991 when she first began practicing law in downtown Dallas (and since 1999 with her husband under HoranandHoran.com). As a published author and former trainer for the Texas Municipal Courts Education Center, she believes, “The court should be a fair, neutral, and respectful forum for individuals the court serves as well as one that is attentive to the statutes, regulations, and procedures that govern the judicial branch of government.”   

You are presumed innocent until proven guilty beyond a reasonable doubt (or plead guilty or no contest).

You have the right to plead guilty, no contest, or not guilty. Sending in a payment for a charge assume you are pleading guilty.

You have the right to remain silent and to refuse to testify without consequences.

You may represent yourself (as a “pro se defendant” as most defendants do) or you may retain a lawyer. Representing yourself: While defendants in municipal court have the right to hire a lawyer, most accused of fine-only offenses appear in court pro se (pro se means “for oneself”). If you choose to represent       yourself, no one else, including a parent, can represent you other than a licensed Texas attorney represent you. For more information about representing yourself, please visit: http:// www.txcourts.gov/programs-services/self-help/self-represented-litigants/

If you have questions about your rights or what to do about your case, you should contact a lawyer.  The court clerk or judge cannot advise you about what to do in your case. Every person has the right to hire a lawyer to represent them in court. You will not be given a free, court-appointed lawyer because jail is not a possible sentence in municipal court. If you decide not to hire a lawyer, no one else can       represent you.  If you do hire a lawyer, all communications must come through and to your attorney).

You have a right to receive a copy of the complaint before trial as well as other information the state has about your case.

Your Rights during a Trial

You have a right to a jury trial or a trial before a judge (termed a “bench trial”).

You have a right to hear all testimony introduced against you.

You have the right to cross examine witnesses who testify against you.

You have the right to testify on your own behalf or refuse without consequence.

You have the right to subpoena and call witnesses to testify on your behalf.

You have the right to appear within 20 days of any conviction.

Court Security

Members of the public entering the courthouse may not carry weapons and behave respectfully with self-control at all times.  Cell phones are allowed in the building but must be turned off or silenced during court proceedings.  

Interpreters

If you need the services of an interpreter, please notify the Municipal Court Clerk prior to your appearance in court.

Pro se defendants (those representing themselves without an attorney) should be prepared to present their cases in a proper manner. The Court is not permitted to protect or represent you, or to instruct you on court procedure, evidence, rules, or how to present and prove your case. If you are unprepared, unaware, or uninformed of the means and methods of presenting your case, it may adversely affect your case. 

In order to promote fairness and respect of those having their case heard in Court, it is important to minimize noise and distractions, including the following: 

• Be on time. The courtroom will open 15 minutes prior to docket call. 
• Do not argue with the Court. 
• Address the Court as “Judge” or “Your Honor.” 
• Address opposing parties, counsel, witnesses, and Court  Officers as “Mr.”, “Mrs.”, “Miss”, “Officer”, etc. Do not use first names, except with children 14 yrs of age or younger or unless otherwise told by the Court. 
• Do not read newspapers, magazines, books, etc. in the      courtroom during proceedings. 
• Do not talk at the same time as the Court, counsels, witnesses, or other court personnel. 
• Racist, sexist, obscene, or profane language or gestures are prohibited unless it is pertinent to a case and is elicited and quoted from facts in the case. 
• Do not enter and depart the courtroom excessively. 
• Do nothing to disturb or distract the court, counsels, witnesses, and other court personnel. Children must not create a disturbance or be kept out of the courtroom. 
• Do not approach the Judge’s bench or Clerk’s desk without permission from the Court. Do not rest arms or hands on the bench.      
• Leave all purses, bags, brief cases, etc. at your chair when you are called to the Judge’s bench. 
• Have all paperwork and documents (i.e., Driver’s License, Insurance, evidence, etc.) ready when called to approach the Judge’s bench. 
• Rise when the Judge enters the courtroom and remain standing until the Judge or Bailiff announces, “Be seated,” or until the Judge is seated. Rise when the Judge exits the courtroom. 
• No food, drink, or tobacco products are allowed in the courtroom. 
• No chewing gum while testifying or talking to the Court.
• Mute all phones and pagers while in the courtroom. No phone calls in the courtroom.

Unacceptable attire for any court appearance:

Short-shorts and cut-offs, Muscle shirts, clothing with offensive, vulgar, racist, sexist, obscene, or suggestive words, slogans, depictions, or pictures, including grotesque creatures, Clothing that is dirty, torn, or ragged, Visible tongue rings (e.g., flicking rings while      talking or waiting to testify), Clothing that is immodest (e.g., too tight or too short), Hats and caps. Note: All attorneys making an appearance in Court are expected to dress in appropriate business attire.

Defendants are legally obligated to take action on a ticket, citation, or complaint within 20 business days after receiving it. All juveniles must attend court (they cannot plea or pay online). 

Your appearance date is noted on your ticket, citation, or court notice. You or your attorney may appear in person or by mail (postmarked before the appearance date provided you are not a juvenile). Your first appearance is to offer a plea.  

What are my plea options?

Defendants have three plea options in responding to a citation or complaint:  guilty, no contest, or not guilty.  

• Guilty Plea:  You admit to having done the act charged, and you are      waiving your right to a trial. 
• No Contest (“Nolo Contendere”):  This has the same outcome as pleading guilty, but you do not      have to admit fault or guilt. You also waive a right to a trial. This plea      may be helpful for any civil case involving this matter. The judge will enter a conviction which will go on your criminal record. You may be ordered to pay a fine and court costs. You may also be eligible to request Deferred Disposition, a Driving Safety Course, or another alternative that, if done successfully, will lead to your case being dismissed. Discuss alternatives with the judge, prosecutor, or your lawyer. 
• Guilty and No Contest Pleas result in a conviction which may affect your housing, job, licenses, or immigration. Talk with a lawyer to learn more about these possible consequences. 
• Not Guilty Plea:  This means you deny guilt of the violation in which you were accused, and your case will be scheduled for a trial date. 
  • Before trial, a pre-trial conference with the prosecutor will be available to you to explore alternative resolutions.
  • If  your case will proceed to trial, please inform the court whether you want a trial by judge or jury. 
  • At your trial, a judge or jury will hear the evidence to determine your guilt or innocence. The state must prove its charge beyond a reasonable doubt.
  • If you are acquitted or found not guilty at trial, you will not have a record or owe any payment. 
  • If you are ultimately found guilty at trial, the court will explain your       consequences and any payments owed.

If you are an adult and do not wish to come to court in person you may pay online at this link: 

https://www.fastgovpay.com/caddomills

Note: There is a 3.5% fee for all debit/credit card transactions.

Compliance Dismissals:  For some offenses such as Expired or Invalid License Plate, No Valid Registration, Expired Driver’s License, and many others at this link, the Court may      dismiss if certain conditions are met with a nominal reimbursement fee.  Note: If you were stopped and were not able to produce evidence of financial responsibility but you were insured to drive that vehicle at that time and day, you can come to Court Clerk’s office and show proof; if validated with the insurance agent, it is dismissed, no fee.

Other Options:  Gaining a Dismissal for Certain Cases: 

REQUESTION A DRIVING SAFETY COURSE FOR CERTAIN TRANSPORTATION CODE OFFENSES:  In certain instances, you may be eligible to Request a Driving Safety Course which allows defendants to complete a class in exchange for a dismissal of many traffic-related charges. In addition to completing (and paying for) the course, defendants must be assessed court costs and may be assessed an       administrative fee. Only certain charges are eligible for this option and you cannot take more than one course in a 12-month period.  

Not available for:  Offenses committed in a construction work maintenance zone when workers are present (Sec. 542.404, T.C.; Art. 45.0511(p)(3), C.C.P.); Traffic offenses committed by a person with a commercial driver’s license at the time of the offense or the time of the DSC request (Art. 45.0511(s),        C.C.P.);  Passing a school bus (Sec. 545.066, T.C.);  Leaving the scene of a collision (Sec. 550.022 or 550.023, T.C.); or Speeding 25        mph or more over the limit or 95 m.p.h. or more (Art. 45.0511(b)(5), C.C.P.)

REQUESTING DEFERRED DISPOSITION:  Defendants may be eligible to have charges dismissed by completing a term of probation known as Deferred Disposition. Only the judge can offer Deferred Disposition. In order to gain a dismissal, a defendant must successfully complete any probation conditions during  a set period of time, such as avoiding further charges, counseling, substance testing, completing community       service, and other conditions.  Further, defendants are typically       assessed court costs and administrative fees.  

Applies to all fine-only offenses except:  Traffic offenses committed in a construction work maintenance zone when workers present (Sec.        542.404, T.C.; Art. 45.051(f)(1), C.C.P.); A violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who holds a commercial driver’s license; or held a commercial driver’s license when offense committed (Art. 45.051(f), C.C.P.); or Driving or Operating Watercraft Under the Influence of Alcohol by Minor (DUI) if the minor has two or more prior DUI convictions (Sec. 106.041(f), A.B.C.).