Defendants should be aware that if they proceed to trial and are convicted that the Court may consider the full range of the fine, upon a finding of guilt. The fine assessed by the court upon a finding of guilt may be higher than the “window fine” which is the amount defendant would pay before trial or as part of deferred disposition probation. Pro-se defendants should also be aware that additional fees may be assessed by the Court (as court costs) upon a finding of guilt after a trial, including, but not limited to: subpoena fees, jury fee, and officer overtime fees. 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 guilt of the offense. These overtime cost fees can be significant and usually range from $75-$150.
Texas Code of Criminal Procedure allows Recovery of Overtime Pay off-duty officers who testify at trials.