Last Updated on July 17, 2025 by Beltz Law Group
Police Officer Overtime for Court Testimony in Texas: When Can a Defendant Be Charged?
Trial Attorneys North Texas
In the intricate world of Texas criminal proceedings, even seemingly minor details can lead to significant legal discussions. Recently, our team at the Beltz Law Group encountered a situation in a North Texas court that highlighted a common point of contention: when, if ever, can a defendant be charged for a police officer’s overtime wages for appearing in court?
This issue arose during a speeding ticket case where our client was accused of driving 26 miles over the limit. Due to the high speed, the prosecutor was initially reluctant to offer a plea deal that would protect our client’s record. This led us to set the case for trial. On the trial date, however, the prosecutor re-evaluated and offered deferred adjudication—a favorable outcome that allows a defendant to avoid a conviction if they successfully complete a probationary period.
During the resolution of the case at the bench, the prosecutor mentioned that the officer was not on overtime and thus, any potential overtime fees could be waived. This sparked a debate with the judge about whether an officer’s overtime could be charged if they appeared in court but ultimately did not testify. This article delves into the legal specifics of this debate, helping you understand when such charges are appropriate and when they are not under Texas law.
The Relevant Texas Statutes: Code of Criminal Procedure Articles 102.002 & 102.011
The core of this discussion lies within the Texas Code of Criminal Procedure, specifically Article 102.002 (Witness Fees) and Article 102.011 (Reimbursement Fees for Services of Peace Officers).
Article 102.002: Witness Fees This article broadly outlines that defendants, upon conviction, are generally liable for witness fees. It requires courts to keep records of witnesses subpoenaed and whether they were for the state or the defense.
Trial Lawyers North Texas
Article 102.011: Reimbursement Fees for Peace Officers This is the section that directly addresses officer overtime. Subsection (i) of Article 102.011 states:
“(i) In addition to reimbursement fees provided by Subsections (a) through (e), a defendant required to pay reimbursement fees under this article shall also pay the costs of overtime paid to a peace officer for time spent testifying in the trial of the case or for traveling to or from testifying in the trial of the case.”
At first glance, this subsection might seem to suggest that any time an officer travels or appears for testimony, overtime can be charged to the defendant. However, the crucial language lies in the opening phrase of Article 102.011(a):
“(a) A defendant convicted of a felony or a misdemeanor shall pay the following reimbursement fees to defray the cost of the services provided in the case by a peace officer…”
This introductory language is paramount.
The Judge’s Perspective vs. The Statutory Language
Texas Trial Lawyer
In our specific case, the judge’s initial perspective was that any time an officer incurs travel or appearance time for a trial, those costs are eligible for reimbursement from the defendant. This interpretation, however, overlooks a critical condition clearly stated in the statute.
To properly understand Section 102.011(i), it must be read in conjunction with the entire statute, particularly the foundational requirement in Section 102.011(a). Subsection (i) states that a defendant shall also pay overtime costs, but only if they are “required to pay reimbursement fees under this article.”
The Crucial Link: Reimbursement Fees and Convictions
What makes a defendant “required to pay reimbursement fees” under Article 102.011? The answer, unequivocally, is a conviction.
As explicitly stated in Section 102.011(a), “A defendant convicted of a felony or a misdemeanor shall pay the following reimbursement fees…” This requirement is further supported by Attorney General Opinion 92-055, which, while discussing disposition of fees in misdemeanor cases, assumes that “the claim for a fee under this provision must necessarily be submitted to the court hearing the case, since it is the defendant who must pay the fee after conviction.”
Therefore, the chain of logic is clear: a defendant must first be convicted of the crime before any reimbursement fees, including officer overtime for testimony or travel, can be assessed against them.
How This Applies to Cases Resolved Without Conviction (Like Deferred Adjudication)
In our client’s speeding ticket case, the resolution was deferred adjudication. By its very nature, deferred adjudication is an outcome designed to avoid a conviction. When a defendant successfully completes deferred adjudication, the case is dismissed, and there is no final conviction on their record.
Since Section 102.011 explicitly requires a conviction as a prerequisite for charging reimbursement fees, including officer overtime, it would be improper to assess such fees in a case that concludes with deferred adjudication or any other disposition that does not result in a conviction. The officer in our case did indeed travel to the courthouse, but because our client’s case resulted in deferred adjudication and not a conviction, the statutory condition for reimbursement was not met.
Can a Court Charge a Defendant with Officer Overtime?
The answer is it depends entirely on the outcome of the case:
- If the case results in a conviction: Yes, based on the clear reading of Texas Code of Criminal Procedure Article 102.011, it is likely within the judge’s discretion to order the defendant to pay for a peace officer’s overtime spent testifying or traveling to testify.
- If the case is resolved without a conviction (e.g., deferred adjudication, dismissal, acquittal): No, the court should not charge the defendant for officer overtime. The statutory prerequisite of a conviction has not been met.
Protecting Your Rights in North Texas Criminal Cases
Understanding these nuances of Texas criminal procedure is vital when facing any charge. Judges and prosecutors often have heavy dockets, and sometimes, the specifics of a statute can be overlooked. It is the role of an experienced criminal defense attorney to ensure that your rights are protected and that all legal requirements are strictly followed.
If you are facing a criminal case in North Texas and have questions about potential fees, charges, or how your case might be resolved, do not hesitate to contact the Beltz Law Group. Our team of attorneys is committed to providing knowledgeable and assertive defense to ensure the best possible outcome for your situation. Call our office at 214-321-4105 to discuss your particular case.
