The court appearance (initial setting) is for you to enter your plea, set your case for either a judge or jury Trial, request the mandatory Driving Safety Course etc. You may also use this time to discuss your case with the prosecutor.
Regular court appearances are generally scheduled on the first and the third Mondays of the month.
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.
Pre-trial conferences are generally scheduled on the third Tuesdays of the month.
Show Cause Hearing
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.
Show Cause Hearings are generally scheduled on the first Mondays and the third Tuesdays of the month.
Trial by Judge
They will decide the facts and render a judgment of guilt or innocence and decide punishment. A judge trial simply allows both the state and the defendant to present their side of the case to one person, the judge, and the judge will render a judgment of guilt or innocence and decide punishment.
At this setting, the State will present the case and you or your attorney will have an opportunity to defend your case, depending on your initial request, before a judge or a jury. Both sides will have an opportunity to call and present witnesses. A jury trial is a formal proceeding that allows the case to be heard by a jury of six people from Kemah, Texas.
Trials by judge are generally scheduled on the third Monday of the month.Jury trials are generally scheduled on the fourth Thursday of the month.
The Kemah Municipal Court is a Non Record Court. All defendants have the right to appeal their convictions.
- Defendant can plead guilty or no contest. (CCP Art 27.14(b))
- No trial is required
- Defendant can appeal even if Drivers Safety Course or Terms of Deferred Disposition are not completed
- Written Judgment must be entered against you.
- A motion for new trial is not required
- The appeal bond must be at least double the amount of the fine and costs but never less than $50.00.
- Bond can be cash, surety, or personal bond (if approved)
- You must make a motion for a new trial no later than the 10th day after judgment if defendant appeared in open court
- If plea is delivered or mailed to court, defendant has up to 31 days after receiving notice of fine and bond to file it.