What is Deferred Disposition? Per Art. 45.051, V.A.C.C.P., a Justice of the Peace may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days upon a plea of guilty or nolo contendere by the defendant and payment of all court costs.
How does it work?
In order to be granted Deferred Disposition you must:
- Enter a plea of guilty or no contest to your charge; and
- Petition the Court to be granted Deferred Disposition.
What happens next? Once you have made your plea and requested Deferred Disposition in writing you will be mailed a Deferred Disposition order with the amount you will owe. You will need to sign the order and mail the order back to the court along with the deferral fees. Once the court receives the fee and all documentation your case will be deferred for 90 days. During that time period you must not be convicted of any other violations. If you are under 25 years of age, you must also complete a Driving Safety Course approved under Chapter 1001, Education Code, and return proof of completion to the Court before your time period expires.
What happens at the end of the time period? At the conclusion of the deferral period, if you have paid all costs and presented satisfactory evidence to the court of compliance with any conditions, the Judge shall dismiss the complaint.
Are all violations and charges eligible to be placed on Deferred Disposition?
No. If you, or your charges, meet any of the following circumstances or conditions, you are not eligible for Deferred Disposition:
- Passing a school bus
- Reckless driving
- Fleeing/attempting to elude a police officer
- Accident with damage to vehicle
- Failing your duty to give information/render aide
- Any offense committed in a construction zone with workers present
- You are a holder of Commercial Driver’s License, or possessed a CDL at the time of the offense