Deferred Disposition - Texas Municipal Courts Education Center

DEFERRED
&
DSC
UnofficialandOfficialFormsof
“Probation”
Deferred Disposition
Deferred
Disposition
Driving Safety Course
Deferred Adjudication
Pretrial Diversion
Pretrial Intervention
Formal (Straight) Probation
Pocket Deferred
Deferred Adjudification
DeferredDisposition
Article 45.051, CCP
(It’s Not Deferred Adjudication)
WhatitisNOT
• Deferred Adjudication 42.12, CCP
• Pretrial Intervention 76.011, GC; 102.012, CCP
HowtoGetDeferred
(1) Permission from the Judge. • Discretionary
• Plea Bargain
(2) Plea of GUILTY or NOLO CONTENDERE HowtoGetDeferred*
(2)(A) Upon a Finding of Guilt (Read 45.051(a) closely)
“On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only…”
HowtoGetDeferred
(3) Pay court costs (45.051(a‐1))
• All at once, OR
• In installments, community service, or combination
“SpecialExpenseFee”
An amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense
$500 Fine = $500 SEF (max)
$200 Fine = $200 SEF (max)
“SpecialExpenseFee”*
SEF may be collected at any time before the date on which the period of probation ends.
 Check your standing orders
The judge may elect not to impose the SEF for good cause shown by the defendant.  Yes, it may be “waived”
ExceptionstoRule
• “Offenses committed in a construction maintenance work zone” (542.404 T.C.)
• DUI and ABC Offenses with 2 prior convictions
• Commercial Driver’s License Holder
FindtheCDLHolder
ConditionsMay BeImposed
• (1) Post bond in amount of fine to secure payment of fine
• (2) Pay restitution to Victim not to exceed fine
• (3)Professional counseling
• (4) Diagnostic testing for alcohol or drugs
• (5) Psychosocial assessment
• (6) Participate in alcohol and drug abuse treatment or education program
• (7) Pay directly or through court costs of testing, assessment, treatment or education program
• (8)Driving Safety Course
• (9) Require Submission of Proof
• (10) ANY REASONABLE CONDITION
(10) ANY REASONABLE CONDITION
ConditionsMust BeImposed
(1) Under 25 Moving Violation
• Required DSC
• Additional Course
• Provisional DL Exam
(2) Underage Drinkers
• Alcohol Awareness
• Drug Alcohol Driving Awareness Program
• Community Service
DSC+Alive@25
4‐hour, live, interactive class
Must make written promise not to engage in dangerous driving habits
www.texasaliveteam.org
TheDispositionPart…
Successfully Complete Terms
• Judge dismisses
• Noted in docket and no final conviction
Expunction
• 55.01, CCP • May not be used for any purpose even without expunction
TheDispositionPart…
Failure to Complete Terms
• Show Cause Hearing
• Judge may impose judgment or reduce fine if over 25
• Judge must impose fine if under 25
• Appeal?
DrivingSafetyCourse
Article 45.0511, CCP
(It’s Not “Defensive Driving”)
Eligible Offenses
Involves the Operation of a Motor Vehicle
• Subtitle C Rules of the Road
• Disobeying Warning Signs
• Juvenile Offenders on Same Violations
DoesNotApply
Does NOT APPLY to Offense Committed by CDL holder
Does NOT APPLY to
• Speeding 25 mph over limit or 95 mph
• Passing a school bus
• Hit and Run Offenses (Occupied Vehicles)
• Serious traffic offenses (CMV)
• Work Zone While Workers are Present
• Subtitle C Rules of Road
• Not including Seatbelt and Inspection Offenses
“Mandatory”UponRequest
1.
2.
3.
4.
Eligible Offense
If Defendant Elects DSC
And does so Timely
And Defendant meets Qualifications
WhatisProperandTimely?
• Presented
• In Person
• By Attorney
• On or Before Answer Date on Citation
• Mailbox Rule Art. 45.013, C.C.P.
• Or By Written Request
• By Certified Mail
• If mailed on or before answer date
• Must be received within 10 days of answer date
• Keep envelope
• Legible postmark evidence(US Mail)
Qualifications*
(1) Evidence of Financial Responsibility
• “ Under Chapter 601 of Trans. Code”
(2) Texas DL
• Or No Tx DL but:
• U.S. Military • Including spouse and dependent children
• Active Duty
(3) No DSC in any state in last 12 mos. (before date of offense)
DiscretionaryDSC
• ONLY APPLIES WHEN
• Defendant had DSC in preceding 12 months
• Request not timely, but before Final Disposition
• REMEMBER ‐ If not Eligible under 45.0511, Judge generally MAY allow DSC as a Condition of Deferred Disposition (Art. 45.051)
DSC:WhatDoesitCost?
• “Mandatory”‐ Section (b)
• no more than $10, plus Court Cost
• “Discretionary”‐ Section (d)
• Special expense up to fine amount, plus Court Cost
• No Refunds if Course not Taken
• One Course = One Case
SpecialDSC:SafetySeats&Seatbelts
• ONLY Applies to Violations of Trans. Code • Sec. 545.412 (Child Safety Seat) & • Sec. 545.413(b) (Child Not Wearing Seatbelt)
This Special DSC MUST be Approved by TEA and Consist of 4 hours of Instruction Encouraging Use of Child Seats and Seatbelts
• Judge may allow Special DSC even if defendant has had regular DSC within last 12 months (Article 45.0511(u), C.C.P.)
• DL record must show no Special DSC in last 12 months
RequiredNotice
Citation must have required notice:
“You may be able to require that this charge be dismissed by successfully completing a driving safety course or a motorcycle operator training course. You will lose that right if, on or before your appearance date, you do not provide the court with notice of your request to take the course.”
No Notice = “Mandatory DSC” continues until notice is given
Success!
On proof of Completion
• Court removes judgment
• Reports to DPS date of completion
• Court may only dismiss one charge for each completion
Note: DSC certificates may not be uniform in appearance
Fail!
Failure to complete
• Court notifies in writing of show cause hearing
• of failure • of time of hearing
• of place of hearing
• Court mails notice to address on file with court
ShowCauseHearing
Appears at Show Cause:
• Court may allow extension of time to present certificate, or
• Court may impose judgment
• Defendant may pay the fine or appeal
Failure to appear at Show Cause: • Impose judgment on underlying charge requiring fine to be paid immediately • Capias Pro Fine may issue
Lunch!