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.
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.

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