READ THE FOLLOWING CAREFULLY
You have received a citation instead of being arrested for one of seven misdemeanors, all which are punishable by jail time up to a year and /or a fine up to $4000.00 depending on the class of your respective case.
This citation constitutes a legal summons to appear for an Initial Appearance/Magistration. An Initial Appearance/Magistration is your first appearance before a judge for the misdemeanor charge listed on the citation.
It is important that you carefully read and understand the “Instructions” section below to ensure an agreement comes forth in resolving your case.
- You will wait 14 days after receiving your citation.
- You are required to be present on the 2nd or 4th Wednesday of the month for your Initial Appearance/Magistration at the courthouse.
- If unsure of date to be present, call or email the Cite & Release Coordinator. (see last section) You are required to appear on the nearest date after the 14-day waiting period. (Excuses are limited)
- Your Initial Appearance/Magistration will be held in Judge James E. Klager Central Jury Room on the 1st floor of Nueces County Courthouse, 901 Leopard St. C.C. TX 78401
- Bring your citation document along with a valid form of identification. (ex: driver license, state ID)
- The judge will advise you of the charge against you and ask you to enter a plea.
Example of a court date appearance:
- Citation issue on March 1st, 2019
- Initial Appearance/Magistration on Wednesday, March 20th, 2019. (14 days after citation)
Right to an Attorney:
- You have the right to have an attorney to represent, to accompany, and to advise you at the Initial Appearance/Magistration .
- It is your responsibility to retain an attorney at any time before your Initial Appearance/Magistration. An attorney will not be provided to you, unless you decide to plead “not guilty” at your arraignment.
Failure to Appear:
Failure to appear for your Initial Appearance/Magistration date constitutes a criminal offense for which you may be additionally charged. Upon a failure to appear, a warrant for your arrest will be issued and you may be held without bond in the Nueces County Jail. It is important that you communicate your inability to appear with the Cite and Release Coordinator of the Nueces County District Attorney Office to reschedule your Initial Appearance/Magistration date and avoid a failure to appear.
- Initial Appearance/Magistration date may not be waived.
- The case may not be resolved by mail, email, or otherwise.
Unlike a traffic citation, this case will only be resolved by appearance in court.
Plead of “Not Guilty” and request a trial: you can request that the judge appoint an attorney to represent you if you are indigent.
Jail Time and / or a Fine: Confinement in the Nueces County Jail for a specified period and / or payment of a fine. This resolution will constitute a conviction on your record.
Straight Probation: type of probation where you will potentially be required to pay a fine and supervision fee, take one or more classes, complete community service, refrain from drug/alcohol use, and comply with other conditions for a specified period. This type of probation will constitute a conviction on your record.
Deferred Adjudication: Type of probation that you will potentially be required to pay a fine and supervision fee, take one or more classes, compete community service, refrain from drug/alcohol use, and comply with other conditions for a specified period. Upon completion, the case will be dismissed, and you may seek “Non-Disclosure” of your case. (this type of probation will not show as a conviction on your record.)
Pre-Trial Diversion: A program where you may be required to pay a PTD fee, take one or more classes, complete community service, refrain from drug use, and comply with other conditions for a specific period. Upon completion, the case will be dismissed or “no charge”. You may seek expunction (removed from your record) of your case.
In Person: Nueces County District Attorney’s Office 901 Leopard St. Room 206, C.C. TX 78401