Post-Trial Procedures

Question 1

What is the judgement of the court?

Answer 1

The final legal decision of the court

Question 2

When a defendant has been in jail before conviction, who is responsible for granting jail credit?

Answer 2

The judge grants it when entering the judgement

Question 3

Before issuing a capias pro fine, what must the court do?

Answer 3

Hold a hearing on the defendant’s ability to satisfy the judgement and provide the defendant notice of the hearing

Question 4

When a court grants deferred disposition, what may the court require the defendant to pay up front?

Answer 4

Court cost and a fine in an amount not to exceed the amount of fine that could be imposed on the defendant as punishment for the offense

Question 5

Where does an appeal from municipal court go?

Answer 5

County court

Question 6

How does the Code Construction Act require courts to calculate time?

Answer 6

Count calendar days, but don’t count the day the action occurred and enlarge the time if the last day falls on a weekend or holiday

Question 7

True/False
When a defendant fails to pay a previously assessed fine, the judge may require a defendant to perform community service to discharge the fine.

Answer 7

True

Question 8

True/False

If an adult defendant fails to pay his or her fine, the judge, after notice and a hearing, may issue a capias pro fine.

Answer 8

True

Question 9

True/False

A defendant’s property may be sold to satisfy a municipal court judgement.

Answer 9

True

Question 10

True/False
A judge may not grant deferred disposition for a violation involving motor vehicle control to a defendant with a commercial driver’s license.

Answer 10

True

Question 11

True/False

When a defendant who is at least 25 fails to complete the terms of deferred disposition, the judge may reduce the fine.

Answer 11

True

Question 12

True/False
Defendants who request to take aa driving safety course under Article 45.0511 of the Code of Criminal Procedure must have a Texas driver’s license or permit and some form of valid financial responsibility.

Answer 12

False

Question 13

True/False
Courts must require defendants to take the driving safety course within 90 days of the request and have the certificate in the court within 120 days of the request.

Answer 13

False

Question 14

True/False
An appeal is the process of having a higher court conduct a new trial or review either the facts and law or just questions of law from a proceeding held in a lower court.

Answer 14

True

Question 15

True/False
Trial de novo means that a defendant convicted in a non-record municipal court will have a new trial in the appellate court upon appeal.

Answer 15

True

Question 16

True/False

A defendant who is charged with a city ordinance violation may not appeal his or her conviction.

Answer 16

False

Question 17

True/False

An appeal bond may not be less than double the amount of fine and court costs.

Answer 17

True

Question 18

True/False
A defendant is a municipal court of non-record who fails to complete a driving safety course or deferred disposition may not appeal his or her case.

Answer 18

False

Question 19

True/False

If an appeal bond is not timely filed, the appellate court may not take jurisdiction.

Answer 19

True