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You may request the amount of fine and appeal bond in writing and mail or deliver it to the court before your appearance date. You then have up to 31 days from the time you received a notice from the court to pay the fine or file an appeal bond with the municipal court. Appeal and New TrialIf you are found guilty, and are not satisfied with the judgment of the court, you have the right to appeal your case.
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It is not a substitute for legal advice from a licensed attorney. If you have questions about your best course of action, what plea you should enter, your rights, or the consequence of a conviction of the offense for which you are charged, you should contact an attorney. Neither the clerk, judge, nor prosecutor can give you legal advice. If you were given a court date and time, you will need to either appear and plea or ask for trial, or pay the ticket (if applicable) prior to court.
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The Canton Municipal Court will resolve disputes fairly; in a manner that promotes public trust and confidence. With innovation and efficiency in mind, it seeks to provide equal and meaningful access to justice. Judicial officers and employees will stand together with a united court culture, lending their best efforts to serve the needs of the Canton Municipal Court and the community we serve.
Your appearance date is noted on your citation, bond, summons, or release papers. You or your attorney may appear in person in open court, by mail, or you may deliver your plea in person to the court. (Juveniles have a separate set of rules for their appearance. Please read the Juveniles Pamphlet). If you plead guilty or nolo contendere, you will be found guilty and should be prepared to pay the fine.
Courts are required by State law to collect court costs and fees for the State of Texas. If you go to trial, you may have to also pay the costs of overtime paid to a peace officer spent testifying in the trial. If a warrant was served or processed, a $50 warrant fee is also assessed.
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If you do not appear, you are subject to having your driver’s license suspended (in the case of traffic charges) or having a warrant issued for your arrest (in the case of criminal charges). RegistrationThe court may dismiss an expired registration charge if the defect is remedied within 20 days of citation, the late registration fee is paid to the county, and a $20fee is paid. AppearanceIn addition to your rights, you have some legal responsibilities.
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As in all criminal trials, the State presents its case first by calling witnesses to testify against you.You then have the right to cross-examine. Cross-examination must be in the form of questions.After the prosecution, you may present your case. You have the right to call witnesses who know anything about the incident. The State has the right to cross-examine the witnesses that you call. We hope you will find this website both convenient and informative.
Every criminal defendant has the right to remain silent and not testify (without consequences). You have the right to retain an attorney and have them try your case or answer your questions. Since offenses in this court are punishable only by fine and not by incarceration, you do not have the right to appointed counsel. Fines, Cost and FeesThe amount of fine the court assesses is determined by the facts and circumstances of the case. Mitigating circumstances may lower the fine, and aggravating circumstances may increase the fine. The maximum fine amount allowed for most traffic violations is $200; for most other violations of State law and city ordinances--$500; for health and safety city ordinance violations—$2,000.
You may waive a jury trial and be set for trial before the court. When you make your appearance by mail, the court must receive your plea before your scheduled appearance date. If you plead not guilty, the court will notify you of the date of your trial. Deferred DispositionThe judge may, in its sole discretion, defer disposition on most cases. The holder of a commercial driver’s license (CDL) is not eligible for deferred disposition on moving traffic violations.
A plea of guilty waives all of the trial rights discussed earlier You should contact the court regarding how to make payments if you are unable to pay the entire fine and cost. Your RightsUnder our American system of justice, all persons are presumed to be innocent until proven guilty. The State must prove you guilty "beyond a reasonable doubt" of the offense with which you are charged.
To appeal you must file an appeal bond with the municipal court within 10 days of the judgment. The court must set the appeal bond amount at least twice the amount of the fine and costs. For appearance by mail, look at the section Appearance for the special rules for appealing pleas made by mail. Defendants in courts of record should check with the court for rules regarding appeals. If you waive a jury trial and plead guilty or no contest, you may present extenuating circumstances for the judge to consider when setting your fine. If you plead not guilty and do not waive a jury trial, you will be set for a jury trial.
In addition, a fifth site was created (The CJIS Website) to merge the data from all the courts of record in Stark County into one database. It is now possible to obtain information from all of the clerks of court databases in the county with one inquiry into a single website. PurposeThis pamphlet is designed to provide information about court proceedings.
If you do not pay the whole fine and costs within 30 days of the court’s judgment, you must pay a $25 time payment fee. An Omni fee of $30 will be assessed when warrants are issued and your driver’s license will be flagged for non-payment of fines. If you plead guilty or no contest, you must also waive your right to a jury trial.
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