FUNDED BY A GRANT FROM THE TEXAS COURT OF CRIMINAL APPEALS

TEXAS MUNICIPAL COURTS EDUCATION CENTER

2210 HANCOCK DRIVE, AUSTIN, TEXAS 78756

TELEPHONE 512.320.8274 1.800.252.3718

FAX 512.435.6118

TMCEC IS A PROJECT OF THE TEXAS MUNICIPAL COURTS ASSOCIATION

Handling Non-appearance in COVID

Presented by

Jan Blacklock Matthews, Judge, City of Wilson

Texas law provides for the issuance of a citation or a full custodial arrest for Class C misdemeanors, with limited exceptions. Defendants may be under an obligation to appear pursuant to a promise on a citation or as a condition of a bond or release from jail. A court may also issue a summons to a defendant as an order to appear. What happens, however, when a defendant fails to so appear? Depending on the circumstances, Texas law provides different statutory procedures, prior to judgment being entered, to assist the court in enforcing compliance with its orders to appear. With a shift to virtual court during a state of disaster, new concerns emerge with regard to appearance and nonappearance. By the end of this session, participants will be able to:

1. Describe the methods available to the courts to handle defendants’ nonappearance in person or virtually;

2. List the prerequisites for issuing warrants for defendants who fail to appear in person or virtually; and

3. Identify the types of additional offenses that can be charges for defendants’ nonappearance in court.

10/26/2020

1

HANDLING

NON-APPEARANCE

IN COVID

Presented by Jan Blacklock Matthews

Presiding Judge

Cities of Wilson, Idalou, Spur, Crosbyton

OBJECTIVES

➢ Describe the methods available to the courts to handle defendants’

non-appearance in person or virtually;

➢ List the prerequisites for issuing warrants for defendants who fail to

appear in person or virtually; and

➢ Identify the types of additional offenses that can be charged for

defendants’ non-appearance in court.

BRIEF REVIEW

• Appearance after citation issued, judge shall perform magistrate duties,

as if person had been arrested.[Art. 15.17, C.C.P]

• Ensure plea is made by defendant or defendant’s attorney.

a. Do not accept plea by any other person (parent, friend, spouse, etc.).

b. Law only allows defendant or attorney to enter plea.

c. Reset case for defendant to appear.

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BRIEF REVIEW

• Defendant entitled to copy of complaint at least one day before any

criminal proceeding, unless the defendant waives that right. [Art. 1.05, C.C.P.]

a. Ask defendant if he or she understands the charge.

b. Give defendant a copy of the complaint at least one day before trial,

unless defendant waives that right. [Art. 45.018(b), C.C.P.]

BRIEF REVIEW

• Offense involving family violence, court shall admonish defendant orally

or in writing:

“If you are convicted of a misdemeanor offense involving violence where you are or were

a spouse, intimate partner, parent, or guardian of the victim or are or were involved in

another, similar relationship with the victim, it may be unlawful for you to possess or

purchase a firearm, including a handgun or long gun, or ammunition, pursuant to federal

law under 18 U.S.C. Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you have

any questions whether these laws make it illegal for you to possess or purchase a firearm,

you should consult an attorney.”

BRIEF REVIEW

• Pleas Made by Mail

➢Payment received without plea constitutes finding of guilty in open court as though plea of

nolo contendere and written waiver of jury trial received.

➢Municipal court clerks usually collect and process these pleas and payments.

➢ If plea and waiver of jury trial and request for amount of fine and/or appeal bond, court

must notify either in person or by regular mail of amount of fine or costs; alternatives to

full payment, if defendant unable to pay full amount; and, if requested, amount of appeal

bond court will accept.

➢Defendants have up to 31 days from date of receiving notice to pay the fine and costs or file

an appeal bond with court.

➢Defendant charged with misdemeanor involving family violence may not mail or deliver in

person plea of guilty or nolo contendere; plea must be made in open court.

[Art. 27.14(b), C.C.P.]

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➢ *Standing Orders* --Judges should instruct clerks to prepare

judgments on all pleas, waivers of jury trial, and payments

offered to courts.

➢ An offer to pay fine and costs is not conviction until:

a. Judge accepts plea,

b. waiver of jury trial, and/or

c. payment of fine and enters judgment.

KEY REVIEW POINT

COVID ISSUES

& NON-APPEARANCE

• Uncertainty of Procedure – Notice Issues

• Telephone Calls - Sufficiency

• Virtual Initial Appearance Hearing

• Virtual Show Cause Hearing

• When is Enough, Enough?

INITIAL NON-APPEARANCE –

PASSIVE OPTIONS

• Reminder notice – letter, post card, telephone call

• Mail notice of virtual hearing setting using OCA Zoom options:

www.txcourts.gov

• COVID-19 Court Operating Plan prior to any in-person court

proceedings

• In-person proceedings -- **use caution and follow your approved

COVID-19 Court Operating Plan**

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POST-JUDGMENT NON-APPEARANCE –

PASSIVE OPTIONS

• Reminder notice – letter, post card, telephone call

• Mail notice of virtual hearing setting using OCA Zoom options:

www.txcourts.gov

• COVID-19 Court Operating Plan prior to any in-person court

proceedings

• In-person proceedings -- **use caution and follow your approved

COVID-19 Court Operating Plan**

SAFE HARBOR LANGUAGE

THIS COURT OFFERS YOU A “SAFE HARBOR” TO TURN YOURSELF IN ON CLASS

C WARRANTS ISSUED BY THIS COURT: In order to promote justice, ensure due process

and the equal treatment of all persons, some of whom may be indigent or facing financial

hardships, and to help clear outstanding arrest warrants and capiases, this court has a policy that

it will not arrest or jail any person who voluntarily surrenders herself/himself to this court on

warrants issued by our court, if you make a good-faith effort to resolve the case before you are

arrested and the warrant is executed. In other words, if you have active Class C misdemeanor

warrants issued by this court and you voluntarily come in to court YOU WILL NOT BE

ARRESTED, THE WARRANT(S) WILL BE RECALLED, AND YOU WILL BE GIVEN A

COURT DATE TO SPEAK TO THE JUDGE ABOUT YOUR CASE, WITHOUT FEAR OF

BEING ARRESTED.

…ADDITIONAL OPTIONS

•Collection Agency

•OmniBase Report

•Scofflaw

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…AND STILL NO-SHOW…

• If no mail returned, proceed

with warrant procedure?

• If mail returned, proceed

with warrant procedure?

… REALITY HITS, WHAT IS JUSTICE?

ADDITIONAL CHARGES?

• Violate Promise to Appear – Traffic Violations

• Failure to Appear – Non-Traffic Violations

➢Cost consideration in COVID times?

➢Judge’s discretionary fine reduction?

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NON-APPEARANCE CHARGES

• Separate and distinct criminal charge

• Does not affect issuance of warrant on original charge

• Capias [warrant] on VPTA or FTA will require appropriate notice

to defendant

• Does not affect reporting of original charge under DPS’ FTA

program

VIOLATE PROMISE TO APPEAR (VPTA)

A person who willfully violates a written promise to appear in court,

given as provided by this subchapter, commits a misdemeanor

regardless of the disposition of the charge on which the person was

arrested.

[§543.009(b), Texas Transportation Code]

ELEMENTS OF VPTA

1. A person who willfully;

2. Violates a written promise to appear in court;

3. Given as provided by this subchapter;

4. Commits a misdemeanor;

5. Regardless of the disposition of the charge on which the person

was arrested.

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WRITTEN NOTICE

An officer who arrests a person for a violation of this subtitle

punishable as a misdemeanor and who does not take the person

before a magistrate shall issue a written notice to appear in court

showing the time and place the person is to appear, the offense

charged, the name and address of the person charged, and, if

applicable, the license number of the person’s vehicle.

[§543.003, T.C.]

CONTENTS OF NOTICE TO APPEAR

Notice to Appear must:

1. Be in writing;

2. Show the time and place the person is to appear;

3. Offense charged;

4. Name and address of person charged; and

5. If applicable, license number of person’s vehicle.

CONTENTS – CONT’D

• Time specified in notice to appear must be at least 10 days after date

of arrest.

• Court specified in notice must be before magistrate having

jurisdiction of offense who is in city or county where offense is

alleged to have been committed.

[§543.006, T.C.]

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FAILURE TO APPEAR

A person lawfully released from custody, with or

without bail, on condition that he subsequently

appear commits an offense if he intentionally or

knowingly fails to appear in accordance with the

terms of his release.

[§38.10, Texas Penal Code]

ELEMENTS OF FAILURE TO APPEAR

1. A person lawfully released from custody, with or without bail;

2. On condition that he subsequently appear commits an offense if;

3. He intentionally or knowingly;

4. Fails to appear in accordance with the terms of his release.

[§38.10, P.C.]

DEFINITION OF “CUSTODY”

• Under arrest by peace officer or under restraint by a public servant

pursuant to an order of a court of this state or another state of the

United States; or

• Under restraint by agent or employee of facility that is operated by

or under contract with U. S. and confines persons arrested for,

charged with, or convicted of criminal offenses.

[§38.01, P.C.]

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CANNOT PROCESS UNLESS…

• Only on Criminal Offense.

• Defendant must have been in custody (or had traffic citation

issued) and released by peace officer.

• Defendant must have agreed to appear and didn’t.

OTHER NON-APPEARANCE SITUATIONS

• City Ordinance Appearance (COA) – Home Rule Cities.

[Ch.51.072, L.G.C.]

• Parental Summons to Appear with Child [§45.0215(d), C.C.P.]

• Notice to Juvenile Now Adult (JNA) of “continuing obligation to

appear” [§45.060, C.C.P]

• Parks & Wildlife Citations [§31.125 . §31.127, Parks & Wildlife Code]

DISCUSS WITH PROSECUTING ATTORNEY

• Ultimately, city attorney has responsibility for deciding whether to

pursue charge.

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OFFICE OF COURT ADMINISTRATION GUIDANCE

If a defendant is given notice of a Zoom hearing and fails to appear

in court, a judge may follow existing procedures for issuing a capias

for failure to appear. However, a judge should ensure that notice

was provided and that there is no reasonable explanation for the

defendant’s failure to appear, such as a lack of technology.

See: txcourts.gov/court-coronavirus-information/electronic-hearings-zoom/

TEXAS SUPREME COURT - EMERGENCY ORDERS

26th Emergency Order --

• Permits all courts in Texas in any case, civil or criminal, to modify or

suspend any and all deadlines and procedures, whether prescribed by

statute, rule, or order for period ending no later than December 1, 2020.

• Gives judges broad powers to suspend ALL deadlines and procedures

during pendency of pandemic.

• Applies to how judges choose to handle FTA’s and VPTA’s.

LAW ENFORCEMENT ??

• What is your police department doing when defendant is detained and

has warrants?

• More importantly, if you have inter-local agreement with county jail,

what is your county sheriff doing with those arrested on minor

misdemeanors?

• Is your local jail even accepting violators with fine-only

offenses?

• If not, what to do?

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BIG PICTURE…

• Stay abreast of all updates from ‘powers that be’…

• Review Office of Court Administration’s latest order effective

10/01/2020.

• Discussions with Mayor, County Judge, other courts.

• File your COVID-19 Court Operating Plan if you wish to hold non-

essential in-person proceedings.

• Safety for all involved – Court Staff, Defendants, Public.

COLLECTIONS,

OMNIBASE

&

SCOFFLAW

COLLECTION FIRM

• A governing entity (Commissioners Court or City Council) may

enter into contract with

Private attorney or public or private vendor

for provision of collections services for:

a) Unpaid debts or accounts receivables, such as fines, fees, court

costs, forfeited bonds and ordered restitution, and/or

b) Amounts in cases where defendant failed to appear.

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OMNIBASE

• Interlocal contract.

• Authorizes DPS to contract with political subdivisions to deny renewal of an

individual’s driver’s license for failure to appear or failure to pay on any offense of

which court has jurisdiction (traffic and non-traffic).

• Provides for an administrative fee of $10

• Authorizes DPS to contract with a private

• Requires warning on citations for traffic violations

• Establishes immunity from suit and damages for the state and political subdivision

[Ch. 706, T.C.]

SCOFFLAW

• County Scofflaw law: §502.185, T.C.

• Municipal Scofflaw law: §702.003, T.C.

• These statutes allow a County Tax Assessor-Collector to refuse to

register the motor vehicles of “scofflaws”

“…a vehicle owner who has an outstanding warrant for failure to appear or failure to pay a

fine on a complaint that involves the violation of a traffic law”

CONTACT INFORMATION

Jan Blacklock Matthews

Email: lubbock7@gmail.com

Tel.: 806-470-5474

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301 Main Street ● P.O. Box 1277 ● Idalou, TX 79329 ● Ph: (806) 892-2531

IDALOU MUNICIPAL COURT CAUSE NO: 20-1000000

OFFENSE: EXPIRED REGISTRATION LULA TEST SCHMUCKATELLI 123 SOUTH EAST 856TH ANYTOWN, TX 75123 MAIL DATE: 10/20/2020 STATE OF TEXAS § IN THE MUNICIPAL COURT VS § CITY OF IDALOU LULA TEST SCHMUCKATELLI § LUBBOCK COUNTY, TEXAS

NOTICE OF VIRTUAL SHOW CAUSE

The Court finds the defendant has not complied with the conditions of the court order. You have a pending case(s) and owe a total of fines and court costs of $81.00 (if any are due) on the following charge: EXPIRED REGISTRATION. You are hereby ordered to appear for a virtual hearing using the Zoom application (see the back of this form for instructions) on:

11/04/2020 at 9:00 AM

LOCATION:

MEETING ID:

WWW.ZOOM.US

000000000

Check-in begins 30 min. before hearing time

This is our final attempt to resolve this matter. A failure to appear on the above court date may result in a warrant(s) being issued for your arrest or a conviction entered and reported to the Department of Public Safety. If the defendant complies with the court order before scheduled show cause date, appearance is NOT required. *The scheduled remote appearances are not optional and neglecting to appear will have the same consequences as not appearing at an in-person proceeding. This manner of appearance is allowed pursuant to the Texas Judicial Branch’s Office of Court Administration guidelines for court procedures during the COVID-19 pandemic.

_______________________________________

Jan Blacklock Matthews Presiding Judge

If you are financially unable to pay a fine and/or court cost in full (one payment), there are other options, such as time-payment plans and performing community service hours instead of paying the fine and court costs. In certain situations, in which a person cannot perform community service and that person is financially unable (Indigent) to pay their fine and court cost on a time payment plan the Court will hear sworn testimony and look at evidence concerning your financial situation to help you resolve this matter. In certain severe situations, the judge can reduce the fine and court costs or eliminate them completely, depending on the severity of your financial situation. Community service options have been expanded by the Texas Legislature to include: (a) attending work and job skills training; (b) a preparatory class for high school equivalency exam; and (c) service at an educational institution. Should you have any questions regarding these options, please contact the Court.

301 Main Street ● P.O. Box 1277 ● Idalou, TX 79329 ● Ph: (806) 892-2531

VIRTUAL COURTROOM PROCESS

This information is being provided to help you understand the virtual courtroom procedures.

Please read the following in its entirety.

- When you enter the virtual courtroom:

Please enable your mute option and allow the host to mute/unmute you.

Your display name will be changed by the host – this is for court purposes.

- You may receive directions through the chat feature.

- You may only speak with the Prosecutor upon a plea of not guilty, you will be prompted to join a

breakout room. The Court Clerk will provide additional information for trial settings.

- The Judge will call your name when she is ready to accept your plea and render her order(s).

- After speaking with the Judge, you will be moved into an exit breakout room where the docket clerk will

process your case(s).

**A Contact Information Sheet is included if you are unable to meet these requirments.

This is a virtual courtroom and the requirements for courtroom etiquette and proper courtroom attire should

be followed.

Requirements: A device capable of accessing an internet connection (PC, MAC, Smart Phone, Tablet, etc.) & ability to

download Zoom application.

A fast and stable internet connection.

A webcam attached to your PC or a built-in camera on your device that will allow the Judge to see you during the video conference.

A microphone connected or a built-in mic that will allow you to talk to the judge.

Attached speakers or built-in speakers that will allow you to hear.

A working e-mail address as you may need to receive documents.

301 Main Street ● P.O. Box 1277 ● Idalou, TX 79329 ● Ph: (806) 892-2531

IDALOU MUNICIPAL COURT

Contact Information Sheet Defendant has the obligation to return this form within 10 days to the Court

The Idalou Municipal Court is now offering virtual court hearings using the Zoom application!

Due to the unprecedented COVID-19 situation, and pursuant to State mandate, all non-essential in-person

hearings are prohibited before December 1, 2020.

ALL HEARINGS WILL BE HELD ON TUESDAYS; hearings will be scheduled at 9:00am; you will be

informed of your date (hearings will be held on a first come/first serve basis).

Please check one o I prefer a virtual court appearance

Virtual court allows defendants to resolve eligible cases remotely through a video conference with the judge. You

must have a webcam or built-in camera with sound and video on your device for virtual court.

o I do not have video/audio capabilities; OR I prefer a live, in-person court appearance

You may request a court hearing by filling out this form and submitting it at the drive-thru window at City Hall or

by attaching to an email and sending to Idaloucourt@gmail.com . You may submit online at

https://idaloutx.com/departments/municipal-court.html .

YOU MUST FILL IN ALL OF THE FIELDS. If a question doesn’t apply, write “not applicable” or “N/A” in

the space. The clerk’s office will contact you with the date and time of your scheduled hearing.

Defendant Information First Name Email

Last Name Phone +ext.

Drivers License # Address

Date of Birth Address 2 (Apt., lot, suite, etc.)

SSN [last 4 numbers] City

State

Zip Code

For the hearing, a website link will be sent to you. The Court is using Zoom as the platform. You MUST HAVE audio

and video capabilities on your device for virtual court. Please test your device at https://zoom.us/test. If you are unable to

meet the requirements, the Court is restricted from in-person proceedings at this time, but please return this form so that

your case can scheduled as soon as normal court operations resume.

Do you have audio and video capabilities on your device, (or have alternate means to access)?

o Yes

o No **you will receive future correspondence regarding In-Person Court Sessions**

301 Main Street ● P.O. Box 1277 ● Idalou, TX 79329 ● Ph: (806) 892-2531

Do you need an interpreter?

o No

o Yes – Specify Language

What would you like to discuss with the judge? Select all that may apply.

o I need to reschedule

o I need to submit proof

o I need a payment plan

o I would like to request a deferral

o I need more time to pay, submit proof, or complete a class

o I would like to request community service

o I would like to request jail credit

o Other ______________________________________________

Is there anything else you need us to know about your situation that might impact your Zoom session?

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________ ______________ _

CITY OF IDALOU

301 Main Street

P.O. Box 1277

Idalou, TX 79329

Ph: 806-892-2531

Fax: 806-892-3298 Email: court@cityofidalou.com

www.idaloutx.com

AFFIDAVIT FOR PROBABLE CAUSE FOR FAILURE TO APPEAR OR VIOLATION OF PROMISE TO APPEAR WHEN ORIGINAL CHARGE

FILED BY CITATION (Sec. 38.10(a), P.C. and Sec. 543.009(b), T.C.)

CAUSE NUMBER: 20-086

STATE OF TEXAS § IN THE MUNICIPAL COURT

VS. § CITY OF IDALOU

KONNOR KILLER KIRK § LUBBOCK COUNTY, TEXAS

AFFIDAVIT

I, DENISE CHUMLEY, being duly sworn on oath, state that I have good reason to believe and do believe that:

On or about the 14th day of August, 2020, in the City of Idalou, in Lubbock County, Texas, KONNOR KILLER KIRK, the

Defendant, did willfully violate his written promise to appear in court.

Additionally, on this 20th day of Octobeer, 2020, defendant was ordered to appear for a Virtual ZOOM Hearing before the judge of

this Court. Defendant did not appear at the Virtual ZOOM Hearing.

On this day, Affiant reviewed the citation issued to the Defendant by a licensed Texas peace officer, who detained and released the

Defendant and identified the Defendant as:

Name: KONNOR KILLER KIRK Race: WHITE Sex: MALE

Address: 509 UNDONE BLVD., ABERNATHY, TX 79311

Date of Birth: October 2, 2002 Texas Driver's License: 43339557

Affiant saw that the citation contained the name and address given by the Defendant, the license number of the vehicle, CJ8V518 -

Texas, charged the offense of SPEEDING 10% OVER LIMIT 102 MPH in a 75 MPH zone, stated the time and place, when and where

the Defendant was to appear, and showed that the Defendant gave his written promise to appear by his signature to the written notice

prepared by the officer. A true and correct copy of the citation is attached and incorporated by reference.

Affiant was present in the courtroom at the above stated time and date when the docket, including the Defendant's name, was

called. The Defendant did not answer, did not appear, and did not appear by counsel.

Affiant was present until 9:15am in the Virtual ZOOM Hearing held at 9:30am on the 20th day of October, 2020.

Affiant is custodian of the court records and has examined the records to determine if the Defendant appeared as required. The

court records show that the Defendant did not appear and did not appear by counsel.

___________________________________

Affiant

Sworn to and subscribed before me on this the 20th day of October, 2020.

_______________________________________________

Notary Public in and for the State of Texas

301 MAIN STREET

P.O. BOX 1277

IDALOU, TX 79329

(806) 892-2531

PRE-WARRANT NOTICE

YOU HAVE FAILED TO APPEAR AS ORDERED TO RESOLVE AN OFFENSE

FILED IN THE CITY OF IDALOU.

YOU ARE IN VIOLATION OF THE LAW

MAIL DATE: 10/20/2020 LULA TEST SCHMUCKATELLI 123 SOUTH EAST 856TH ANYTOWN, TX 75123 RE: Cause No. 20-1000000, State of Texas v LULA TEST SCHMUCKATELLI, EXPIRED REGISTRATION, To: LULA TEST SCHMUCKATELLI You have failed to appear in Court for the above violation filed in the City of Idalou Municipal Court. You signed an agreement to appear in Court within twelve (12) days OR on or before August 14, 2020. You were ordered to appear at a Virtual ZOOM Hearing held on October 20, 2020 at 9:30am. You failed to appear at the Virtual ZOOM Hearing AN ADDITIONAL CHARGE OF VIOLATION OF PROMISE TO APPEAR HAS BEEN ISSUED AGAINST YOU. A WARRANT HAS BEEN ISSUED FOR YOUR ARREST and restriction on renewal of driver’s license. You must APPEAR AT this office within 10 days of the date of this notice, but no later than November 3, 2020, to resolve this matter or show cause why the Court should not proceed with appropriate actions against you. You may also use the drive-through window. If you have any questions you may call the Court at 806-892-2531, Monday thru Friday between the hours of 8:00 am – 5:00 pm. Sincerely, Clerk, City of Idalou THIS COURT OFFERS YOU A “SAFE HARBOR” TO TURN YOURSELF IN ON CLASS C WARRANTS ISSUED BY THIS COURT: In order to

promote justice, ensure due process and the equal treatment of all persons, some of whom may be indigent or facing financial hardships, and to help clear outstanding arrest warrants and capiases, this court has a policy that it will not arrest or jail any person who voluntarily surrenders herself/himself to this court on

warrants issued by our court, if you make a good-faith effort to resolve the case before you are arrested and the warrant is executed. In other words, if you have active Class C misdemeanor warrants issued by this court and you voluntarily come in to court YOU WILL NOT BE ARRESTED, THE WARRANT(S) WILL BE

RECALLED, AND YOU WILL BE GIVEN A COURT DATE TO SPEAK TO THE JUDGE ABOUT YOUR CASE, WITHOUT FEAR OF BEING

ARRESTED.

We will accept Cash, Credit or Money Orders only—No Checks Accepted.

LULA TEST SCHMUCKATELLI

123 SOUTH EAST 856TH

ANYTOWN, TX 75123

Mail Date: October 20, 2020 JBM

VIRTUAL HEARING NOTICE

Idalou Municipal Court has scheduled your citation #20-100000 EXPIRED REGISTRATION for a remote

hearing using the Zoom application. This manner of appearance is allowed pursuant to the Texas Judicial

Branch/Office of Court Administration guidelines for court procedures during the COVID-19 pandemic.

Three days prior to your hearing visit the following website to submit the required information for your virtual

hearing:

o https://idaloutx.com/departments/municipal-court.html OR return Contact Information Sheet.

o Click on Virtual Hearing Request and fill out the Virtual Court Request form; reference the docket

number listed below.

o Check-in begins 30 minutes before the hearing.

o Virtual court information is sent to your email the week of your scheduled court appearance.

TOTAL Ticket Amount Due: $81.00

Ticket #: 20-100000 Docket #: 20-1000000

Here are your options:

Pay by phone (Pagar por telefono): 1-806-892-2531

Pay by mail (Correo): P.O. Box 1277 Idalou, TX 79329

Appear on your virtual hearing to resolve your ticket:

DATE: November 4, 2020

TIME: 9:00 AM

LOCATION: INVITE LINK: MEETING ID:

www.zoom.us

The scheduled remote appearances are not optional and neglecting to appear will have the same

consequences as not appearing at an in-person proceeding.

City of Idalou

Municipal Court

VIRTUAL COURTROOM PROCESS

This information is being provided to help you understand the virtual courtroom procedures. Please read the following in its entirety.

- When you enter the virtual courtroom: Please enable your mute option and allow the host to mute/unmute you. Your display name will be changed by the host – this is for court purposes.

- You may receive directions through the chat feature.

- You may only speak with the Prosecutor upon a plea of not guilty, you will be prompted to join

a breakout room. The Court Clerk will provide additional information for trial settings.

- The Judge will call your name when she is ready to accept your plea and render her order(s).

- After speaking with the Judge, you will be moved into an exit breakout room where the docket clerk will process your case(s).

**A Contact Information Sheet is included if you are unable to meet these requirments.

This is a virtual courtroom and the requirements for courtroom etiquette and proper courtroom

attire should be followed.

Requirements: A device capable of accessing an internet connection (PC, MAC, Smart Phone, Tablet, etc.) & ability to download Zoom application.

A fast and stable internet connection.

A webcam attached to your PC or a built-in camera on your device that will allow the Judge to see you during the video conference.

A microphone connected or a built-in mic that will allow you to talk to the judge.

Attached speakers or built-in speakers that will allow you to hear.

A working e-mail address as you may need to receive documents.

IDALOU MUNICIPAL COURT

Contact Information Sheet Defendant has the obligation to return this form within 10 days to the Court

The Idalou Municipal Court is now offering virtual court hearings using the Zoom application!

Due to the unprecedented COVID-19 situation, and pursuant to State mandate, all non-essential in-

person hearings are prohibited before December 1, 2020.

ALL HEARINGS WILL BE HELD ON TUESDAYS; hearings will be scheduled at 9:00am; you will

be informed of your date (hearings will be held on a first come/first serve basis).

Please check one

o I prefer a virtual court appearance

Virtual court allows defendants to resolve eligible cases remotely through a video conference with the

judge. You must have a webcam or built-in camera with sound and video on your device for virtual

court.

o I do not have video/audio capabilities; OR I prefer a live, in-person court appearance

You may request a court hearing by filling out this form and submitting it at the drive-thru window at

City Hall or by attaching to an email and sending to Idaloucourt@gmail.com . You may submit online at

https://idaloutx.com/departments/municipal-court.html .

YOU MUST FILL IN ALL OF THE FIELDS. If a question doesn’t apply, write “not applicable” or

“N/A” in the space. The clerk’s office will contact you with the date and time of your scheduled hearing.

Defendant Information

First Name Email

Last Name Phone +ext.

Drivers License # Address

Date of Birth Address 2 (Apt., lot, suite, etc.)

SSN [last 4 numbers] City

State

Zip Code

For the hearing, a website link will be sent to you. The Court is using Zoom as the platform. You MUST

HAVE audio and video capabilities on your device for virtual court. Please test your device

at https://zoom.us/test. If you are unable to meet the requirements, the Court is restricted from in-person

proceedings at this time, but please return this form so that your case can scheduled as soon as normal court

operations resume.

Do you have audio and video capabilities on your device, (or have alternate means to access)?

o Yes

o No **you will receive future correspondence regarding In-Person Court Sessions**

Do you need an interpreter?

o No

o Yes – Specify Language

What would you like to discuss with the judge? Select all that may apply.

o I need to reschedule

o I need to submit proof

o I need a payment plan

o I would like to request a deferral

o I need more time to pay, submit proof, or complete a class

o I would like to request community service

o I would like to request jail credit

o Other ______________________________________________

Is there anything else you need us to know about your situation that might impact your Zoom session?

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CITY OF IDALOU

301 Main Street

P.O. Box 1277

Idalou, TX 79329

Ph: 806-892-2531

Fax: 806-892-3298 Email: court@cityofidalou.com

Idaloutx.com