Trial Before A Judge
Many times our traffic ticket attorneys are called upon for advice related to a traffic ticket conviction that occurred after a trial. Perhaps the person decided to try the case pro se. Or maybe they were represented by a traffic ticket attorney and lost at trial regardless. In most cases, our experienced team of lawyers is called upon for legal advice related to avoiding the conviction. This article will outline the steps that are taken to appeal a case from a court of non-record. Other articles will address the appeal process for courts of record. If you have questions about how to avoid a conviction for a ticket in Texas after reading this article, feel free to call our firm at 214-321-4105.
Courts Of Non-Record And Appeals
There are two types of courts that have jurisdiction over class c misdemeanors and tickets. Those two categories are as follows:
- Courts of Record
- Courts of Non-Record
Since this article is focused on the second category, we will start with a description of what a court of non-record is. A court of non-record basically does not have the ability to record hearings, trials, etc. Therefore, there is no written record of the proceedings, testimony, admission of evidence, etc.
Right to Appeal
Trial Attorneys
Because a court of non-record does not have the ability to record evidence, testimony, etc., a person has an absolute right to appeal their case from these types of courts. The statutory authority for appeals from courts of non-record is located in various parts of the code of criminal procedure. But the main section is located in the code of criminal procedure wherein it states the following:
- Art. 45.042. APPEAL. (a) Appeals from a justice or municipal court, including appeals from final judgments in bond forfeiture proceedings, shall be heard by the county court except in cases where the county court has no jurisdiction, in which counties such appeals shall be heard by the proper court.
(b) Unless the appeal is taken from a municipal court of record and the appeal is based on error reflected in the record, the trial shall be de novo.
(c) In an appeal from the judgment and sentence of a justice or municipal court, if the defendant is in custody, the defendant is to be committed to jail unless the defendant gives bail.
Absolute Right Of Appeal
Trial Attorneys
Cases in courts of non-record have an absolute right of appeal at any time prior to the judgment. If judgment has been entered, then the right to appeal is limited to 10 days after the judgment was entered. Once the 10 days has passed, the right to appeal no longer exists and the county court at law should reject the appeal request and remand it back to the lower court to have judgment entered.
Losing at Trial
Again, if a person loses a trial in a court of non-record, then that person can appeal the case to the county court at law where the court is located. However, a person only has 10 days to file the appropriate paperwork to process the appeal.
What Happens Once The Case is Appealed?
After a case is appealed from a court of non-record, it gets transferred to the county court at law where the process starts all over. This is called a de novo appeal. De novo appeals mean you get to redo the trial again at the county court at law. If a case is lost at the county court at law, then the right to appeal is limited to errors that occurred during the trial.
