Tickets- Should I Appeal…?

October 9, 2024
By Justin Morgan
October 9, 2024

Have you ever received a citation for violating the Transportation Code? Allegedly caught speeding or some other Class C infraction. These cases are filed in the Justice Courts or Municipalities of their respective counties.  Sometimes the local judicial system wants you to pay maximum fines when the facts of the case do not warrant that type of punishment. In these situations, you may want to appeal your case up to the County Court.

The Texas code of Criminal Procedure allows for you to appeal your case to the County Court.

The Texas Code of Criminal Procedure - Article 45.042. states the Following:

(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.

So, if you ever find yourself in one of these situations, it may be better to work it out with the County Attorney. As always, seek legal counsel if you have any questions concerning a specific case!

Have a question?

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