Municipal Court of Record

Presiding Judge: Brian E. Overstreet

Associate Judges: Matthew Wright

                              Sharon Diaz

Court Clerk: Patsy Martinez

Deputy Court Clerk: Shruti Childs

Prosecutor: James Parker

General Information

Marlin Municipal Court of Record handles Class “C” misdemeanors alleged to have occurred in the City Limits of Marlin. Class “C” misdemeanors filed in our court are punishable by fine only.

The Municipal Court Staff does not answer legal questions of any nature. The Clerks are allowed to explain the Court proceedings and procedures only. If you need legal advice, please contact an attorney. The Court Clerks perform a variety of clerical functions that make the Court operate more efficiently. Duties may include but are not limited to must adhere to strict confidentiality of court information, acts as a receptionist for the Court, Municipal Judge and Bailiff/Warrant Officer, responding to citizen inquiries by phone, mail, e-mail or in person. Processes court summons and uniform traffic tickets, prepares and processes warrants, dockets, continuances and other related municipal court documents, and maintains municipal files under the direction of the Municipal Judge. Receives payments, schedules time payment accounts, prepares deposits and maintains accurate accounting for all funds collected.

Under Texas law, you can be brought to trial only after a formal citation or complaint has been filed. The citation or complaint is a document that states the charge(s) against you and alleges that your actions were unlawful. If you are given a citation by a police officer, the arraignment date will be the appearance date on your citation. If you receive a summons from the Court, your arraignment date will be the court date indicated on your summons. If you are released from jail your release order will have your Court date on it. In any of theses instances, you must appear in Court.

When you receive a citation, the options you have to resolve your case can vary depending on many different factors, including but not limited to: the type of violation, the severity of the violation, the age of the defendant, etc.

As a result, it must operate within the overall governmental context yet maintain its independence from the other governmental branches and agencies of the City.

The laws that govern Municipal Court of Record authority and jurisdiction are spread through many different statutes and codes including:

1. United State Constitution
2. Texas Constitution
3. Texas Government Code
4. Local Government Code
5. Texas Penal Code
6. Texas Code of Criminal Procedure
7. Alcoholic Beverage Code
8. Family Code
9. Traffic Laws
10. Parks and Wildlife Code
11. City Ordinance Code of Marlin Texas

The Marlin Municipal Court of Record has established policies and procedures for resolving traffic tickets and other fine-only misdemeanors in accordance with state law, but with a minimum of inconvenience. Before you attempt to resolve the case(s) against you, you should read carefully the content of the citation and handout that were given to you by the officer. You may want to seek the advice of a lawyer.

Consequences Of Neglecting A Ticket

Failure to pay your fine, show proof of compliance or apply for a Driving Safety Course or Deferred Disposition on or before your Court date or failure to appear by your scheduled Court date and time will result in:

• A warrant issued for your arrest ($50 warrant fee plus additional fees);
• A separate charge of Failure to Appear (FTA) filed ($231.00);
• Denial of Driver’s License issuance or renewal and denial of vehicle registration.  To Clear your Driver’s License or registration, you must pay a $10 DPS (Department of Public Safety) fee for each case on top of your ticket balance;
• Referral to a collections vendor will result in an additional collection fee of 30% of total fine.

If you miss your scheduled Court date, you may appear at the Marlin City Hall, Municipal Court, 101 Fortune St. Marlin, Texas 76661, Monday - Friday, 9:00 AM to 4:30 PM to pay the fine or to reschedule a new Court date. Only two resets will be granted per case. Requests must be in writing, no verbal requests will be accepted.

Inability to pay the fine is not an excuse for failing to appear. Fine payment arrangements can be made at the time of appearance.

Senate Bill 1236, effective September 1, 2009

"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.

*ANY INFORMATION CONTAINED WITHIN THE MUNICIPAL COURT WEBSITE IS NOT TO BE CONSTRUED AS LEGAL ADVICE.