Deciding Guilt
Under our American system of justice, all persons are presumed to be innocent until proven guilty.
On a plea of not guilty, a trial is held. As in all criminal trials, the State must prove the guilt of a defendant “beyond a reasonable doubt” of the offense charged in the complaint before the defendant can be found guilty by a judge or jury.
Defendants, who are not licensed attorneys, are at a disadvantage if they choose to represent themselves in court. When a person represents themselves in court, without the assistance of an attorney, they are called “pro-se” defendants. At trial, the State of Texas and Town of Indian Lake will be represented by a prosecutor who is a licensed attorney and who is a seasoned prosecutor. The court (judge) cannot assist pro-se defendants just as the court cannot assist the attorney representing the State and the Town of Indian Lake. The judge must remain neutral and impartial. The prosecutor is unlikely to assist pro-se defendants either, since the prosecutor will be the defendant’s adversary at trial. Pro-se defendants who proceed to trial (by judge or jury) must read the court’s Local Rules of Decorum and Conduct and sign an acknowledgment of compliance and understanding that is required to be turned in to the Court Clerk before trial.
The Code of Criminal Procedures allows the court to impose the actual overtime costs for off-duty officers having to testify at trial, if the defendant is found guilty of the offense. These overtime cost fees can be significant and usually range from $75-$150.