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City of Bryan, Texas

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    Know Your Rights as a Defendant at Municipal Court

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

    You have many rights as a defendant at Municipal Court:

    • Under our American system of justice, all persons are presumed to be innocent until proven guilty.
    • The State must prove you guilty “beyond a reasonable doubt” of the offense with which you are charged.
    • Every criminal defendant has the right to remain silent and refuse to testify (without consequences).
    • You have the right to retain an attorney and have them try your case or answer your questions.
    • Since offenses in this court are punishable only by fine and not by incarceration, you do not have the right to appointed counsel.
    • You have the right to a jury trial. You may waive a jury trial and have a trial before the judge, commonly called a “bench trial.”
    • If you elect to represent yourself, no person other than an attorney can assist you during a trial.

    At trial you have many rights including:

    • The right to have notice of the complaint not later than the day before any proceedings in the prosecution
    • The right to inspect the complaint before trial, and have it read to you at the trial
    • The right to hear all testimony introduced against you
    • The right to cross-examine witnesses who testify against you
    • The right to testify on your own behalf
    • The right 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 on your behalf at the trial, and have the court issue a subpoena (a court order) to any witnesses to ensure their appearance at the trial.

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