To Trial or Not to Trial?!

To Trial or Not to Trial?!

The Beltz Law Firm

214-321-4105

If you have ever received a ticket and thought that it was unfair or that you are 100% sure that you are innocent or even wondered what would it hurt to fight the ticket, then you have probably thought about having your day in court so you could profess your innocence. Its a noble reason and understandable if you feel that you that you have been wronged by the police officer. Unfortunately, its not always as easy to get the result you want just because you believe you are not guilty.

 

The Irving Municipal Court is a city court that deals with Class C Misdemeanors, typically, your traffic tickets and city code violations. The Court is a court of record, meaning, the Court records the testimony during a hearing for purposes of preserving the record for appeal. The Court follows all rules of procedure regarding criminal law and trial law. The Court reports all convictions to the Texas Department of Public Safety or other reporting agency.

 

We understand that it can be frustrating when you believe that you are innocent, even if you are sure of it, the procedure to have  the charges against you dismissed are not always as simple as you may think. First, simply stating your innocence is usually not enough. Sure, a prosecutor or judge may believe you just because you say you didn’t do anything wrong but that would require some exceptional circumstances for that to happen. Often, the issue at hand is a fact issue, e.g., were you speeding or not, but that question is left for a jury or judge to decide that fact. Usually, it comes down to your word versus the officer’s word about what really happened that day. Who would you believe more, an officer or defendant?

 

For most people, the ultimate goal is to protect their driving record to prevent the accumulation of points on their driving record and the increase in their insurance rates. A trial is not a guarantee of a dismissal or finding of no guilt despite your strong belief in your own version of the facts.

 

If you absolutely want a trial and the possibility that you may lose is not as important as having your day in court, then you must understand that a trial in the Irving municipal court will be conducted according to all applicable trial laws and each party will be expected to know and understand the laws of evidence and trial procedure when representing themselves. If you are not a lawyer, you are at a serious disadvantage against the prosecutors in the Irving municipal court who practice those skills every day. That is not to say you have no chance to win, but there is always that snowball’s chance in ….

 

Our office provides a free phone consultation to those persons who have received a ticket in Irving. We can discuss your particular case and help you determine if you should or should not go to trial. Of course, the ultimate decision is yours to make. Feel free to contact us