Terms Used In Texas Code of Criminal Procedure 33.04

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

In other misdemeanor cases, the defendant may, by consent of the State’s attorney, appear by counsel, and the trial may proceed without his personal presence.