Official Website for the City of Killeen

 


Frequently Asked Questions

1.  What do I do after receiving a citation (ticket)?
Either you or your attorney must contact the Killeen Municipal Court (Administrative Office) in person or by mail within TEN (10) WORKING DAYS from the date you received your citation. No one other than your attorney is permitted to appear on your behalf. A telephone call cannot constitute an appearance.

2.  If I just want to pay the fine, what do I do?
At the time you received your citation, you were provided two pink information sheets along with a copy of the actual citation. On the back of the citation is the Court address and telephone number with the hours of operation. Please allow the Court five (5) days to receive the ticket from the police department.

You have the option of pleading Guilty or Nolo Contendere (No Contest) and paying the fine before your appearance date at the bottom of your ticket, or the Ten Working Days from the date you received the citation. Sign the pink copy provided, circle the plea and return it with the correct amount listed on the Fine Schedule also provided when you received your ticket.

3.  How may I pay the fine?
You may pay your fine by cash, credit card, check, money order, or cashiers check

You may pay by credit card over the telephone by calling 1-888-462-1156 and following the instructions provided. The Killeen Municipal Court only takes VISA and Mastercard.

If you desire to pay by check, money order, or cashiers check and do not desire to appear at the Court building, you may utilize the United States Postal system or the drop box located outside the Court building. Any time you send Information to the Court, you need to provide full information, including citation number, full name, address, and telephone number, in order to ensure your case is properly credited.

4.  What if I want to Plead Not Guilty and Request a Trial Before Your Court Date?
Wait five (5) days and come to 200 East Avenue D to enter a plea of Not Guilty and request a trial date. You will be given the next available date for either jury trial or bench trial (Judge alone).

5.   JUVENILES (under 17 years of age) will be notified by mail when to appear with parent or guardian.
YOU MUST APPEAR IN COURT - DO NOT MAIL PAYMENT.

6.  Can you have a trial by Jury?
Yes. That is your right under the law. In fact, you must state that you want a judge trial (waive your right to a jury trial) or your trial will be by jury.

7.  Will a jury trial cost me more?
The right to a trial by jury is a precious Constitutional right and it should not be abused. If you are found not guilty by the jury, there will be no cost. If the jury finds you guilty, there will the jury fee of $3.00 assessed in addition to the other State costs and the fine. The fine will be determined by the jury, but must be within the limits prescribed by law (the Judge will advise the jury of the limits). However, if you are set for a jury trial and do not appear on that date and time ready for trial, the law provides that the judge can assess the entire cost of preparing for that trial against you, even if you are later found not guilty at trial. These costs can include costs for the preparing for the jury trial by the administrative staff, prosecution, judge, pre-trial hearing, as well as all administrative costs of summoning a jury and paying jury fees. The amount can be significant.

8.  Do I need a lawyer?
It is your decision whether or not to retain an attorney.It is not required that you have a lawyer. The State of Texas, City of Killeen will be represented by a Prosecutor who is an attorney. In a bench trial (judge alone), the judge is trained to know what evidence can and what evidence can not be considered in deciding the case; therefore, the Court permits the defendant reasonable latitude to present the case.

9.  Do I have the right to an appeal?
You have the statutory right to appeal from the Judge's or Jury's verdict. You must file your appeal and post a bond within ten days after the trial date. The Municipal Court staff can- not help you prepare your appeal. The Court does have an information sheet which will be given to you after the trial has finished. The Court does not have forms or other documents that will guide you in drafting and filing your appeal. You may want to consider consulting an attorney if you want to appeal. When you submit your appeal, you must provide the Court with a cash bond of twice the fine amount.

10.  If I do not have the money to pay my fine, will I go to jail?
No, you will not go to jail if you do not have money to pay your fine and costs. The Court Administrative staff will place you on a Time Payment Plan (TPP) and you will be allowed a maximum of thirty (30) days to pay the full amount. After that time, you will have to make an initial payment, and a Time Payment Fee (TPF) of $25.00 will be added to each violation that is not paid, in compliance with §51.921 of the Texas Government Code. If you have not paid and you do not appear after the 30 days or if you default on your TPP without contacting the Court (either in person or by letter) to request an extension for cause, the Court will issue a capias pro-fine warrant. You may request the Judge for community service upon a showing of financial hardship.

11. Can I be arrested if my citation goes to warrant?
Yes. You may be arrested at home, at work, or in your vehicle, which may be impounded at the time of the arrest.

12. Is there an additional fee if my citation goes to warrant?
Yes, $50 per violation.

13. Does it cost me anything to set up a time payment plan?
No, but if it is not paid off in 30 days a $25 time payment fee will be added to each violation?

14. Can I walk in and see the Judge at anytime?
No. You must appear in person and make an appointment with an Accounting Clerk to see the Judge.

15. Can I bring in proof of insurance dated after the citation date?
No. Your insurance must have covered you at the time and date of the offense.

16. If I request a pre-trial conference will I need to pay any fees or costs on the day of my pre-trial conference?
Yes, you MUST pay all costs in full on the date of your pre-trial conference. Costs are courts costs, court fees, administrative fees, and special expense fees. If you cannot pay all of your costs in full on the date of your pre-trial conference, you will not be eligible for deferred disposition nor driving safety course (DSC) options. The law requires that all costs be paid at the time of your request for deferred disposition or DSC.

17. Can I take DSC to have my ticket dismissed?
Not everyone can take DSC to have their ticket dismissed. There are restrictions as to DSC eligibility, such as you must request DSC within your 1-day appearance date, have a valid Texas driver's license, have valid insurance, not have taken DSC within the past year to have a ticket dismissed, and your violation must be a moving violation not exempted by law. Texas law prohibits DSC if the violation is speeding 25 miles per hour or more over the posted speed limit, passing a school bus, speeding in a construction or maintenance work zone, fleeing or attempting to elude a police officer, or reckless driving.

18. I have a commercial driver's license and was driving my personal vehicle when I received a ticket for a moving violation. Can I take DSC to have my ticket dismissed?
If the violation occured before September 1, 2003, you MAY be eligible for DSC. If your violation occured on or after September 1, 2003, you cannot take DSC to have your ticket dismissed even if you were driving your own personal vehicle.

19. I was driving a friend's car when I got stopped and recieved a ticket for no insurance, expired inspection, and expired registration. Can the violations be dismissed because the car was not mine?
The violations will not be dismissed just because you were driving someone else's vehicle. You, as an operator of that vehicle, are responsible for that motor vehicle. All drivers, whether operating their own vehicle or someone's elses vehicle, are responsible for all the equipment (headlights, taillights, tires, brakes, etc.), current inspection, current registration, and proof of financial responsibility (insurance). If you have any proof or evidence that the equipment has been repaired, the vehicle was registered and/or inspected, or insurance, you must bring it to the court within your 10-day appearance date to determine if any of the violations can be dismissed.

20. I received a ticket for no seatbelt. I had the seatbelt on, but the shoulder strap was under my arm. Was the officer wrong in giving me the ticket?
No. Use of a safety belt means using the lap belt AND the shoulder strap according to the manufacturer's instructions.

21. I got a ticket for parking in a handicap space, but I was parked in the yellow marked lines NEXT to the space. Can my ticket be dismissed?
The yellow lines next to a handicap space are part of the handicap space. This area, which is called an access aisle, is designed to provide safer access for disabled persons in wheelchairs, crutches, or braces to exit and enter the vehicles. Disabled persons need more space to maneuver and to get their equipment in and out of a vehicle. Since an access aisle is an integral part of a handicap parking space and to park a vehicle in the access aisle is a violation, the ticket cannot be dismissed.