Entering a Plea

Under our American system of justice, all persons are presumed to be innocent until proven guilty. Your decision concerning which plea to enter is very important. Please consider each plea carefully before making a decision. Remember only the person who received the citation can enter a plea to the citation. Photo identification is required when you appear. You have three plea options to choose from:

No Contest (Nolo Contendere)

A plea of No Contest means that you do not contest the violation filed against you and you are waiving your right to a trial by judge or jury.

Guilty

By entering a plea of Guilty you admit that the act is prohibited by law, that you committed the act charged, and that you are waiving your right to a trial by judge or jury. 

When you enter a “No Contest” or “Guilty” plea, you may:

• Pay the Fine specified for the violation
• Request a Driving Safety Course
• Request Deferred Disposition
• Request Community Service

Not Guilty

A plea of Not Guilty means that you are informing the court that you deny guilt to the violation in which you were accused. When you enter a plea of not guilty to any violation, you will be set for a pre-trial hearing.

Docket Information

Arraignment Court Appearance 

The Arraignment Court Appearance (initial setting) is for you to enter your plea, set your case for a pre-trial conference, then either a judge or jury Trial, request a Driving Safety Course, etc. You may also use this time to discuss your case with the prosecutor.

Pre-Trial Conference

The Pre-Trial Conference is an opportunity for you or your attorney to look at the complaint filed by the state. You or your attorney must make any pre-trial motions at this time. All motions including motions for continuance must be filed no less than 15 days prior to any scheduled court appearance. Failure to file timely will result in the motion being denied.

Plea Negotiations & Requests

You will be allowed to discuss any plea negotiations with a prosecutor and reach any agreements in exchange for a plea of guilty or no contest and dispose of your case at this setting. If you wish to take a discretionary DSC or request a deferred disposition, you must request it at this time. The judge is not obligated to grant this request. If agreements cannot be reached, you will be given a date to return for your judge or jury trial.

Show Cause Hearing

The Show Cause Hearing is an opportunity for you to explain to the Judge why you did not appear by the response date indicated on your citation. The Judge will determine what the facts are. The main objective of the show cause hearing is to get the party who is not following the court's order to do so.

Capias Show Cause Hearing

The Capias Show Cause Hearing is an opportunity for you to explain to the Judge why you did not comply with the terms/requirements of the judgement rendered against you. The Judge will determine what the facts are. The main objective of the capias show cause hearing is to get the party who is not following the court's order to do so.

Trial by Judge

At this setting, the State will present the case and you or your attorney will have an opportunity to defend your case before a judge. Both sides will have an opportunity to call and present witnesses. The Judge will render a judgment of guilt or innocence and decide punishment. A trial by judge simply allows both the State and the defendant to present their side of the case to one person, the judge.

Jury Trial

At this setting, the State will present the case and you or your attorney will have an opportunity to defend your case before a jury. Both sides will have an opportunity to call and present witnesses. The jury will deliberate then reder a judgement of guilt or innocence and decide punishment. A jury trial is a formal proceeding that allows the case to be heard by a jury of six residents of Kemah, Texas.