Why Are You Allowed A Trial For Tickets?
This is the one of the questions that our ticket lawyers asks every jury during the voire dire of a case. Why does Texas allow for jury trials on class “c” misdemeanors?
Did you know that the protections that are put in place for ticket trials is the same as the protections in a murder case. The same rules of evidence apply in a felony that apply to a ticket trial. But why?
Texas is unique in that even for traffic tickets, we afford our citizens the right to contest a case before a jury. The reason why is due to the fact that the legislature has determined that the consequences of a conviction even for a class “c” misdemeanor can be so great that we need to afford a person the right to trial before a jury.
Why Setting Your Ticket For Trial May Be Necessary In Texas
Nobody wants to have to set a ticket for trial. However, in certain circumstances it may be necessary. These circumstances almost always center on the ability of a defense attorney or defendant not being able to protect a criminal record. In many cases, taking a conviction for ticket can cause irreparable damage to that person’s record and have a huge impact on that person’s life. For example, theft convictions may cause a person to lose their job. Assault family violence cases can lead to a person not being able to purchase and carry a firearm. Traffic tickets for commercial drivers can cause the loss of employment. There are many other reasons why a trial may have to be considered as an option.
Types of Trials In Texas For Tickets
There are two main types of trials in Texas. The two categories are as follows:
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TRIAL BEFORE A JUDGE: A trial before a judge is exactly as it sounds. The case is heard by a single person. This person is the judge for the court where the case is pending. This can be good or bad depending on that single person’s view of your case. You have to be careful at times with a trial before a judge especially when it comes to traffic tickets. This is due to the fact that many judges become biased against defendants for tickets. They may claim they, “have heard it all.” This type of attitude leads to them believing that you may be lying or the judge not being willing to actually hear your side of the case. If you try a case before a judge you must understand this propensity to be biased and make sure that you do as good a job as possible in presenting your facts and evidence.
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TRIAL BEFORE A JURY: A trial before a jury is one where members of the community come in to the court at the request of the court to sit in a jury pool and be asked questions regarding their willingness to be fair and impartial. Jury trials are the purest form of a trial. You have every day ordinary citizens come in to hear your case and make a decision regarding your guilt or innocence. The key to these types of trials is conducting a very thorough voire dire to ensure that you do not get people on your jury panel that are not truly going to be fair and/or impartial. If you conduct a thorough voire dire and you still lose your case, then at least you know that your evidence was heard and they gave you a fair shot.
Hire A Lawyer For A Trial
These are the two main categories of trials in Texas. If you would like to discuss setting your case for trial with our experienced ticket attorneys in the Dallas area, feel free to call us at 214-321-4105. We would be glad to sit down with you to discuss your facts, evidence and the cost of conducting a trial.