Dissecting Deferred. Objectives. Hypothetical
|
|
- Cameron Green
- 5 years ago
- Views:
Transcription
1 Dissecting Deferred Landra Solansky, CMCC, Court Administrator, Seguin Objectives Objective 1: Identify when a Defendant may be granted deferred. Objective 2: Explain possible Conditions of Deferred. Objective 3: Apply what we learn to our hypothetical situation. Hypothetical Bob and Betty are going to a football game to celebrate both of their 22 nd birthdays. They are waiting to enter the parking lot when a Police Officer notices Bob s brake lights are not working properly.
2 When the Officer approaches the vehicle, he notices that both Bob and Betty are enjoying their wine and spirits and issues each of them a citation for open container. In our scenario, Bob and Betty each hold a Class C Driver s License. Are they eligible for deferred disposition?»let s see Deferred Disposition Article Code of Criminal Procedure
3 Are they Eligible? Deferred Option applies to All fine only Offenses, EXCEPT: Offenses committed in a construction maintenance work zone ( T.C.) DUI and consumption w/ 2 convictions CDL Holders Accused of state law or city ordinance violations relating to Motor Vehicle Control Excluding parking violations Deferred Disposition Always discretionary with the Court Requires a plea of Guilty or Nolo Contendere; or a Finding of Guilt Payment of court costs: at time of order, in installments, by community service, or any combination Court defers proceedings for up to 180 days Deferred Disposition Special Expense Fee (SEF) Article (a) authorizes the collection of the special expense fee prior to the end of the deferral period. Judge may elect not to impose the SEF for good cause shown by the defendant. If the defendant violates probation and Judge orders collection of the SEF, amount must be applied toward payment of the fine imposed by Judge
4 Deferred Disposition Conditions The Judge may order additional conditions: Professional counseling Pay restitution not to exceed fine Diagnostic testing for alcohol or drugs Psychosocial assessment Participate in alcohol and drug abuse treatment or education program Deferred Disposition Conditions (cont d) Pay costs directly or through court costs for any testing, assessment, treatment or education program Drivers Safety Course Any reasonable condition Mandatory Deferred Conditions Driver s Safety Course is Mandatory if Defendant is under age 25 Only applies to traffic offenses that are moving violations Provisional DL holders required to retake the driving test at DPS.
5 Mandatory Deferred Conditions All alcohol related offenses, including PI under age 21 are required to: Complete an Alcohol Awareness Course Community service required (except DUI) First offense 8 to 12 hours Second offense 20 to 40 hours Back to Bob & Betty Bob and Betty have plead no contest and the Judge has granted their request for deferred disposition: What are the terms the Judge MUST place on Betty? What about Bob? Why is there a difference? What are the terms the Judge MAY place on Bob and Betty?
6 Reasonable Conditions Are the conditions below reasonable for our scenario? Take a tobacco awareness class No moving violations during deferral period Stand on a corner holding a sign that reads I am a bad driver! Alcohol Awareness Class Attend a Driver s Safety Course Cleveland Judge ordered defendant to stand at an intersection and hold this sign for two days Only an idiot would drive on the sidewalk to avoid a school bus This fifth-grader was suspended for four days for bullying; his mom augmented the punishment by making him hold this sign outside the school gates. I was sent to school to get an education NOT to be a BULLY I was not raised this way!!!!!!
7 This 12-year-old girl took a picture of herself with an (unopened) alcohol bottle from her father s bar and posted it to Facebook with the caption, Wish I could drink this vodka. Her mom made her pose with this sign and posted the shot to her daughter s Instagram account. Since I want to post photos of me holding liquor I am obviously not ready for social media and will be taking a hiatus until I learn what I should and should not post! Bye-Bye An Alabama judge required two shoplifters to wear incriminating signs outside Walmart on busy Saturdays if they wanted to avoid jail time. I am a thief I stole from WalMart Whatever the story is behind this one, it s got to be good. I lied to my Dad
8 Tina Griekspoor and her mother, Evelyn Border, used Walmart gift cards worth $30 and $50 they found in the store, which had been misplaced by a child. I stole from a 9 year-old on her birthday! Don t steal or this could happen to you! A judge ordered a Maryland woman who stole $4.52 worth of fuel to stand outside the gas station wearing a sandwich board sign declaring, I was caught stealing gas. I was caught stealing gas William Taylor of Virginia had an affair. His wife decided to make him own up to it very, very publicly. I cheated, this is my punishment
9 Dynesha Lax of Fort Wayne, Indiana, made her 14-year-old son boast this sign as punishment for several hours outside their home. I lie I steal I sell drug I don t follow the law The parents of a 10-year-old Australian boy forced him to wear this sign at a local waterpark while they ate lunch nearby. They also reportedly made him wear Shrek ears the whole time, which is almost more awesome. Do not trust me. I will steal from you as I am a thief Quandria Bryant s father forced her to walk down a busy highway in New Bern, North Carolina, carrying a large sign reading, I have a bad attitude I disrespect people who try to help me!
10 Deferred Disposition Compliance If Defendant complies with all the conditions of the Deferred Disposition Order and presents evidence of completion to the court in a timely manner, the Clerk prepares the Judgment and gives evidence of compliance to Judge for dismissal of the charge What is a Judgment? The written declaration of the court signed by the Judge and entered into the record showing the conviction or acquittal of the Defendant. All cases should have a final judgment. Deferred Disposition Failure to Comply If Defendant fails to comply with the terms of the Deferred Disposition Order: Mandatory Show Cause Hearing Notice in Writing to address on file Court may impose judgment or reduce fine if Defendant is 25+ Court MUST impose fine if Defendant is under 25 Defendant pays fine or may appeal
11 Deferred Disposition Reporting Reporting to DPS May not report traffic offenses deferred unless Defendant fails to complete and there is a conviction (Sec , T.C) Must report deferrals of all Alcoholic Beverage Code offenses (Sec , A.B.C.) Use DIC-15 when case is deferred Capias Pro Fine A capias pro fine is issued by a judge when a defendant is absent at the time judgment is rendered or when a defendant defaults in payment of fine. It is a written order from a court directed to a peace officer commanding him or her to arrest a person and bring the person before the court or place him or her in jail until he or she can be brought before the court Capias Pro Fine REMINDER!!! The purpose of the Capias Pro Fine is NOT to commit a defendant to jail. It s purpose is to bring the defendant before the Court to show cause why they did not comply with the court ordered judgment
12 Don t forget your Resources TMCEC Forms Book Local TCCA Chapter TCCA Procedures & Reference Guide Other Municipal Courts
13 Art SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL DISPOSITION. (a) 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 and payment of all court costs, the judge may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days. In issuing the order of deferral, the judge may impose a special expense fee on the defendant in an amount not to exceed the amount of the fine that could be imposed on the defendant as punishment for the offense. The special expense fee may be collected at any time before the date on which the period of probation ends. The judge may elect not to impose the special expense fee for good cause shown by defendant. If the judge orders the collection of a special expense fee, the judge shall require that the amount of the special expense fee be credited toward the payment of the amount of the fine imposed by the judge. An order of deferral under this subsection terminates any liability under a bail bond or an appearance bond given for the charge. (b) During the deferral period, the judge may, require the defendant to: (1) post a bond in the amount of the fine assessed to secure payment of the fine; (2) pay restitution to the victim of the offense in an amount not to exceed the fine assessed; (3) submit to professional counseling; (4) submit to diagnostic testing for alcohol or a controlled substance or drug; (5) submit to a psychosocial assessment; (6) participate in an alcohol or drug abuse treatment or education program; (7) pay the costs of any diagnostic testing, psychosocial assessment, or participation in a treatment or education program either directly or through the court as court costs; (8) complete a driving safety course approved under Chapter 1001, Education Code, or another course as directed by the judge; (9) present to the court satisfactory evidence that the defendant has complied with each requirement imposed by the judge under this article; and (10) comply with any other reasonable condition. (b-1) If the defendant is younger than 25 years of age and the offense committed by the defendant is a traffic offense classified as a moving violation: (1) Subsection (b)(8) does not apply; (2) during the deferral period, the judge shall require the defendant to complete a driving safety course approved under Chapter 1001, Education Code; and (3) if the defendant holds a provisional license, during the deferral period the judge shall require that the defendant be examined by the Department of Public Safety as required by Section (b)(2), Transportation Code; a defendant is not exempt from the examination regardless of whether the defendant was examined previously. (b-2) A person examined as required by Subsection (b-1)(3) must pay a $10 examination fee.
14 (b-3) The fee collected under Subsection (b-2) must be deposited to the credit of a special account in the general revenue fund and may be used only by the Department of Public Safety for the administration of Chapter 521, Transportation Code. (c) On determining that the defendant has complied with the requirements imposed by the judge under this article, the judge shall dismiss the complaint, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction. (c-1) If the defendant fails to present within the deferral period satisfactory evidence of compliance with the requirements imposed by the judge under this article, the court shall: 1. Notify the defendant in writing, mailed to the address on file with the court or appearing on the notice to appear, of that failure; and 2. Require the defendant to appear at the time and place stated in the notice to show cause why the order of deferral should not be revoked. (c-2) On the defendants showing of good cause for failure to present satisfactory evidence of compliance with the requirements imposed by the judge under this article, the court may allow an additional period during which the defend9ant may present evidence of the defendant s compliance with the requirements. (d) If on the date of a show cause hearing under Subsection (c-1) or, if applicable, by the conclusion of an additional period provided under Subsection (c-2) the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed, the judge may impose a fine assessed or impose a lesser fine. The imposition of the fine or lesser fine constitutes a final conviction of the defendant. This subsection does not apply to a defendant required under Subsection (b-1) to complete a driving safety course approved under Chapter 1001, Education Code, or an examination under Subsection (b)(2), Transportation Code. (d-1) If the defendant was required to complete a driving safety course or an examination under Subsection (b-1) and on the date of a show cause hearing under Subsection (c-1) or, if applicable, by the conclusion of an additional period provided under Subsection(c-2) the defendant present satisfactory evidence that the defendant completed that course or examination, the judge shall impose the fine assessed. The imposition of the fine constitutes a final conviction of the defendant. (e) Records relating to a complaint dismissed as provided by this article may be expunged under Article If a complaint is dismissed under this article, there is not a final conviction and the complaint may not be used against the person for any purpose. (f) This article does not apply to: (1) an offense to which Section or (b), Transportation Code, applies; or (2) a violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who: (A) holds a commercial driver's license; or (B) held a commercial driver's license when the offense was committed.
It s an Order: Writs, Warrants and Judgments OBJECTIVES. What is a Writ?
It s an Order: Writs, Warrants and Judgments Lynda Kilgore, Court Administrator, La Porte Landra Hudson, Court Administrator, Seguin OBJECTIVES OBJECTIVE 1: Define writs, warrants and judgments and be
More informationDissecting DSC. April Christiansen, CMCC // Court Administrator Luevada Posey, CMCC // Court Operations Supervisor City of Cedar Park
Dissecting DSC April Christiansen, CMCC // Court Administrator Luevada Posey, CMCC // Court Operations Supervisor City of Cedar Park Eligible Offenses CCP 45.0511(a) DSC/MOC Offense must involve the operation
More informationDSC and Deferred Disposition
DSC and Deferred Disposition Audience: Judges and Clerks Instructor: Mark Goodner, Deputy Counsel and Director and Judicial Education, TMCEC Mark Goodner serves as the Presiding Judge for the City of Woodcreek
More informationDissecting DSC. DSC Qualifications. DSC Qualifications. Timely Request Before the answer date
Dissecting DSC Leisa Hardin Court Administrator City of Mansfield DSC Qualifications Timely Request Before the answer date Mailbox Rule Art. 45.013 CCP If mailed on or before answer date (by certified
More informationDeferred Disposition. Article Code of Criminal Procedure. Judge Stewart Milner City of Arlington Municipal Court
Judge Stewart Milner City of Arlington Municipal Court Deferred Disposition Article 45.051 Code of Criminal Procedure Deferred Disposition Always discretionary with the Court After plea of Guilty or Nolo
More informationMunicipal Court Jurisdiction 4/25/2017. Why does fine only matter? What is covered in Muni Court?
4/25/ Municipal Court Jurisdiction Why does fine only matter? Municipal courts and justice courts have jurisdiction over fine only criminal matters What is covered in Muni Court? Any state law violation
More informationPART THREE: PARENT CONTRIBUTING TO NONATTENDANCE
PART THREE: PARENT CONTRIBUTING TO NONATTENDANCE 1. Warning Notices. Warning notices to parents or persons standing in parental relation to a student are required at the beginning of the school year, and
More informationMunicipal court 402 E. LAUREL ST. ROCKPORT, TEXAS INSTRUCTIONS TO REQUEST DEFERRED DISPOSITION
Municipal court FAX (361) 729-9645 402 E. LAUREL ST. ROCKPORT, TEXAS 78382 court@cityofrockport.com (361) 729-2213 ext. 237 INSTRUCTIONS TO REQUEST DEFERRED DISPOSITION The Judge may defer disposition
More informationDSC and Deferred Disposition for Young Drivers
DSC and Deferred Disposition for Young Drivers 2013 Traffic Safety Conference The leading cause of death for teens is motor vehicle crashes Reasons why? Types of driver licenses: a. Learner license must
More informationTMCEC Bench Book. a. Determine if the court should dismiss the case on its own motion. Go to Checklist 4-2.
CHAPTER 5 PLEAS AND DRIVING SAFETY COURSE (DSC) Most of the requirements relating to acceptance of a plea of guilty or nolo contendere are contained in Article 26.13, C.C.P. The Court of Criminal Appeals
More informationDEFERRED PROCEEDINGS
DEFERRED PROCEEDINGS DEFERRED PROCEEDINGS Deferred Disposition Table of Contents Deferred Disposition Order... 90 Deferred Disposition Order: Defendant Under Age 25 - Moving Violation... 92 Deferred Disposition:
More informationRobert Splawn, Presiding Judge Municipal Court City of Canyon Randall County, Texas JUDGES S STANDING ORDER NO. 6 DEFERRED DISPOSITION
Robert Splawn, Presiding Judge Municipal Court City of Canyon Randall County, Texas JUDGES S STANDING ORDER NO. 6 DEFERRED DISPOSITION IT IS ORDERED that the Clerk may process requests for Deferred Disposition
More informationMandatory DSC Subsection (b) vs. Discretionary DSC Subsection (d) Article Code of Criminal Procedure
Stewart Milner, Chief Judge, City of Arlington Article 45.0511 Code of Criminal Procedure Mandatory DSC Subsection (b) vs. Discretionary DSC Subsection (d) The Judge shall grant DSC if: Charged with Eligible
More informationCHECKLIST FOR PROCESSING JNA. Checklist #1. Citation or complaint filed with court. (Arts , , and , C.C.P.)
CHECKLIST FOR PROCESSING JNA Checklist #1 Citation or complaint filed with court. (Arts. 27.14, 45.018, and 45.019, C.C.P.) Clerk or judge accepts citation or complaint. Case filed. Citation should contain
More informationDriving Safety. Courses (DSC) (DSC)
Driving Safety Courses (DSC) (DSC) CHAPTER 5 DRIVING SAFETY COURSES (DSC) Checklist 5-1 of that test are: Script/Notes The defendant must plead guilty or nolo contendere before the court under See Step
More informationg. If the above requirements are met, accept the See TMCEC Forms Book: Plea
CHAPTER 4 APPEARANCE AND DISMISSALS 1. Pleas Made by Mail Judges should instruct clerks to prepare judgments on all the pleas, waivers of jury trial, and payments offered to the courts. An offer to pay
More informationState and City Reports
7 State and City Reports Table of Contents INTRODUCTION... 4 PART 1 REPORTS TO THE DEPARTMENT OF PUBLIC SAFETY... 4 A. Transportation Code... 4 1. Reporting Driving Safety and Motorcycle Operator Course
More informationALCOHOLIC BEVERAGE CODE TITLE 4. REGULATORY AND PENAL PROVISIONS CHAPTER 106. PROVISIONS RELATING TO AGE
1 of 15 7/20/2009 1:08 PM ALCOHOLIC BEVERAGE CODE TITLE 4. REGULATORY AND PENAL PROVISIONS CHAPTER 106. PROVISIONS RELATING TO AGE Sec. 106.01. DEFINITION. In this code, "minor" means a person under 21
More informationDPS Reporting AS APPLIED TO MINORS/JUVENILES PRESENTED BY CATHY RIEDEL
DPS Reporting AS APPLIED TO MINORS/JUVENILES PRESENTED BY CATHY RIEDEL YOU WANT ME TO FILE WHAT? WHERE? Who are we talking about? Child Minor - Juvenile Family Code defines child as age 10 16 EC defines
More informationWARRANTS. The Clerks Role. Warrant Quiz. Prepare Documents. Process Warrants for Signature
1 WARRANTS Landra Hudson City of Seguin 830-401-2327 lhudson@seguintexas.gov The Clerks Role Prepare Documents Check For Accuracy Process Warrants for Signature Warrant Quiz How many Class C Warrants were
More informationJUVENILES NOW ADULTS: YES, THEY STILL NEED OUR ATTENTION
JUVENILES NOW ADULTS: YES, THEY STILL NEED OUR ATTENTION Mark Goodner Program Attorney & Deputy Counsel TMCEC Overview How do our courts now handle young offenders who enter adulthood with either outstanding
More informationEhrenclou & Grover. attorneys at law
Ehrenclou & Grover attorneys at law DUI LAW There are many relevant statutes with respect to driving under the influence of alcohol or drugs charges. O.C.G.A. 40-6-391 Drivers with ability impaired by
More informationREPORTING REQUIREMENT GUIDE FOR JUSTICE COURTS 2017 Edition
TEXAS JUSTICE COURT TRAINING CENTER REPORTING REQUIREMENT GUIDE FOR JUSTICE COURTS 2017 Edition Funded by a grant from the Texas Department of Transportation Texas Justice Court Training Center in conjunction
More informationREPORTING REQUIREMENT GUIDE FOR JUSTICE COURTS
2015 edition TJCTC In conjunction with the Texas Department Of Transportation Presents REPORTING REQUIREMENT GUIDE FOR JUSTICE COURTS The Texas Justice Court Training Center is a division of Texas State
More informationCriminal, Civil / Administrative & Juvenile / Minor. TYPES Criminal, Civil / Administrative & Juvenile / Minor
Keep It Super Simple (K.I.S.S.) Leah M. Huff Former Court Administrator, Law Office Administrator & Paralegal TYPES Criminal, Civil / Administrative & Juvenile / Minor CODES Description, Fine Type, Statute
More informationScenarios: Implementing SB 1913/HB
Scenarios: Implementing SB 1913/HB 351 2017 1. Citations, Citations, Citations In March of 2017, your court purchased 5,000 paper citations. Your police department issues roughly 200 citations per month.
More informationJUVENILES. For forms related to civil cases for truant conduct, see the Texas Truancy Resource Manual for truancy courts.
JUVENILES JUVENILES Table of Contents Expunction Alcoholic Beverage Code Offenses Application for Expunction: Alcoholic Beverage Code Offenses... 200 Order for Expunction of Records: Alcoholic Beverage
More informationJUDGE KAREN REYNOLDS JUSTICE OF THE PEACE, PCT 2 MONTAGUE COUNTY COURTHOUSE P O BOX 65 MONTAGUE, TEXAS PH: (940) FAX: (940)
JUDGE KAREN REYNOLDS JUSTICE OF THE PEACE, PCT 2 MONTAGUE COUNTY COURTHOUSE P O BOX 65 MONTAGUE, TEXAS 76251 PH: (940) 894-2542 FAX: (940) 894-2545 The information contained in this packet is not offered
More informationEffect of Nonpayment
Alabama Ala. Code 15-22-36.1 D may apply to the board of pardons and paroles for a Certificate of Eligibility to Register to Vote upon satisfaction of several requirements, including that D has paid victim
More information6-1 CHAPTER 6 MAGISTRATE (F) MAGISTRATE COURT ESTABLISHED: JURISDICTION
6-1 CHAPTER 6 MAGISTRATE 6-2-2 (F) Article 6-1 MAGISTRATE COURT ESTABLISHED: JURISDICTION There is hereby established in the city a magistrate's court which shall have jurisdiction of all violations of
More informationCopyright Crash Data Services, LLC All rights reserved.
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof. (a) A person
More informationv. Record No OPINION BY JUSTICE S. BERNARD GOODWYN NINA CARMAN DOTSON June 6, 2008
PRESENT: All the Justices COMMONWEALTH OF VIRGINIA v. Record No. 071162 OPINION BY JUSTICE S. BERNARD GOODWYN NINA CARMAN DOTSON June 6, 2008 FROM THE CIRCUIT COURT OF THE CITY OF BRISTOL Larry B. Kirksey,
More informationTurn in to the camo box at the registration desk when complete!
Your mission: Complete the following questions, either by filling in the blank, selecting the correct multiple choice answer or giving a short answer. Some of these may be answered during class, while
More informationMANUAL - CHAPTER 15 SENTENCING. Before you accept a guilty plea or start a criminal trial, you should know and follow URPJC 3.08
MANUAL - CHAPTER 15 SENTENCING GENERALLY Before you accept a guilty plea or start a criminal trial, you should know and follow URPJC 3.08 URJPC RULE 3.08 PLEAS A defendant may plead not guilty, or guilty,
More informationMunicipal court 622 E, MARKET STREET ROCKPORT, TEXAS FAX (361) (361) ext. 237
Municipal court 622 E, MARKET STREET ROCKPORT, TEXAS 78382 FAX (361) 729-9645 court@cityofrockport.com (361) 729-2213 ext. 237 REQUEST DRIVING SAFETY COURSE REQUIREMENTS AND INSTRUCTIONS If charged with
More informationSecond Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP
Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Richard Sweetman x HOUSE BILL 1- HOUSE SPONSORSHIP Waller and Saine, (None), SENATE SPONSORSHIP House Committees
More informationPART 6 COURT CHAPTER 1 MUNICIPAL COURT
PART 6 COURT CHAPTER 1 MUNICIPAL COURT Section 6-101 Section 6-102 Section 6-103 Section 6-104 Section 6-105 Section 6-106 Section 6-107 Section 6-108 Section 6-109 Section 6-110 Section 6-111 Section
More informationOFFICE OF COURT ADMINISTRATION TEXAS JUDICIAL COUNCIL
OFFICE OF COURT ADMINISTRATION TEXAS JUDICIAL COUNCIL OFFICIAL MUNICIPAL COURT MONTHLY REPORT INSTRUCTIONS INDEX TO INSTRUCTIONS LEGAL REQUIREMENTS & GENERAL INSTRUCTIONS... 1 CRIMINAL SECTION... 2 Definition
More informationSealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio
Sealing Criminal Records for Convictions, Acquittals, & Dismissals Expungements in Ohio May, 2008 Why Should You Have Your Criminal Record Sealed? When you apply for jobs, apartments, and licenses, the
More informationCHAPTER Committee Substitute for Committee Substitute for House Bill No. 3265
CHAPTER 98-308 Committee Substitute for Committee Substitute for House Bill No. 3265 An act relating to boating safety and emergency responses; creating the Kelly Johnson Act ; amending s. 316.003, F.S.;
More informationSealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio
Sealing Criminal Records for Convictions, Acquittals, & Dismissals Expungements in Ohio Revised by Melissa Will, Equal Justice Fellow Ohio State Legal Services Association May 2008 2008, Ohio State Legal
More informationArkansas Sentencing Commission
Arkansas Sentencing Commission Impact Assessment for SB81 Sponsored by Senators Hickey, Bledsoe, Caldwell, et. al Subtitle COMBINING THE OFFENSES OF DRIVING WHILE INTOXICATED AND BOATING WHILE INTOXICATED;
More information09 LC EC/AP. By: Representatives Cole of the 125, Neal of the 1, Pruett of the 144, Hanner of the 148, A BILL TO BE ENTITLED AN ACT
House Bill 160 (AS PASSED HOUSE AND SENATE) th st th th By: Representatives Cole of the 125, Neal of the 1, Pruett of the 144, Hanner of the 148, th and Talton of the 145 A BILL TO BE ENTITLED AN ACT 1
More informationSUMMARY OF COURT COSTS
1 SUMMARY OF COURT COSTS Excerpts from the Level I Study Guide (State and City Reports) I. General Authority State statutes require courts to collect court costs and fees from defendants convicted of fine-only
More informationDRIVER LICENSE AGREEMENT
DRIVER LICENSE AGREEMENT General Purpose... 2 Article I Definitions... 3 Article II Driver Control... 5 Article III Identification Cards... 8 Article IV Document Security and Integrity... 9 Article V Membership
More informationPromoting Second Chances: HR and Criminal Records
AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN Adult arrests without charges; records with inaccuracies Only cases of mistaken identity or false accusations are expungeable No expungement or sealing permitted
More information14.12: Judgment and Sentencing at Arraignment or Trial
14.12: Judgment and Sentencing at Arraignment or Trial Checklist: No Annotations Judgment 1. Announce the judgment for each charge. 2. [If the defendant is found not guilty on all charges:]: Release the
More information2007 SESSION (74th) A SB Senate Amendment to Senate Bill No. 45 (BDR )
00 SESSION (th) A SB Amendment No. Senate Amendment to Senate Bill No. (BDR -) Proposed by: Senate Committee on Judiciary Amends: Summary: Yes Title: Yes Preamble: No Joint Sponsorship: No Digest: Yes
More informationCORPORATIONS AND ASSOCIATIONS
CORPORATIONS AND ASSOCIATIONS CHAPTER 15 CORPORATIONS AND ASSOCIATIONS 15-1 Corporations and Associations... 299 CHAPTER 15 CORPORATIONS AND ASSOCIATIONS 1. Corporations and Associations Whether corporations
More informationb. A defendant has one day after the rendition of judgment and sentence to file a motion for new trial.
CHAPTER 10 NEW TRIALS AND APPEALS 1. Motion for New Trial and Appeal in Non-record Municipal Court Checklist 10-1 1. All defendants have a right to appeal their convictions. 2. Defendants are not required
More informationJUSTICE OF THE PEACE SMITH COUNTY, TEXAS
JUSTICE OF THE PEACE SMITH COUNTY, TEXAS TO QUALIFY FOR A DEFENSIVE DRIVING COURSE YOU MUST: 1. HOLD A VALID TEXAS DRIVER S LICENSE (CANNOT BE A CDL LICENSE) 2. IF YOU ARE AN ACTIVE MEMBER OF THE MILITARY
More informationPART A. Instituting Proceedings
PROCEDURES IN SUMMARY CASES 234 CHAPTER 4. PROCEDURES IN SUMMARY CASES Committee Introduction to Chapter 4. PART A. Instituting Proceedings 400. Means of Instituting Proceedings in Summary Cases. 401.
More informationII. Municipal Courts A. General Rule for Distribution of Revenue 1. Municipal Judges' criminal fines, penalties, or forfeitures, Section
II. Municipal Courts A. General Rule for Distribution of Revenue 1. Municipal Judges' criminal fines, penalties, or forfeitures, Section 14-25-85 Generally, the revenue generated from criminal fines, penalties,
More informationThe court process CONSUMER GUIDE. How the criminal justice system works. FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON
The court process How the criminal justice system works. CONSUMER GUIDE FROM ATTORNEY GENERAL JEREMIAH W. (JAY) NIXON Inside The process Arrest and complaint Preliminary hearing Grand jury Arraignment
More informationSpecialty Courts. Specialty Courts: Objectives. Specialty Courts: Jurisdiction. John Bull Presiding Judge San Antonio Municipal Court
Specialty s John Bull Presiding Judge San Antonio Municipal April 4, 2014 Specialty s: Objectives By the end of the session, participants will be able to: 1. Describe original and concurrent jurisdiction
More informationSUPCR 1104 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM. (Vehicle Code 23152)
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SUPCR 1104 FOR COURT USE ONLY TELEPHONE NO: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional) SUPERIOR COURT OF
More informationSUPCR 1106 FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SUPCR 1106 FOR COURT USE ONLY TELEPHONE NO: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional) SUPERIOR COURT OF
More informationFun With Fees 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Across 6 No fee authorized when dismissing this charge after verification of proof 8 Defendant must show proof for most
More informationChapter 813 Driving Under the Influence of Intoxicants 2003 EDITION Driving under the influence of intoxicants; penalty
Chapter 813 Driving Under the Influence of Intoxicants 2003 EDITION DRIVING UNDER THE INFLUENCE OF INTOXICANTS OREGON VEHICLE CODE GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants;
More informationFrequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts
Frequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts WARNING: You are strongly encouraged to seek the advice of an attorney in any legal matter. If you move forward
More informationINDIGENT YES? NO? MAYBE? Define Indigence. o. Identify Statutes Municipal Courts must comply with. o
INDIGENT YES? NO? MAYBE? Define Indigence. o Identify Statutes Municipal Courts must comply with. o . Examine requirements placed on Judges and Clerks. o. Employ information to Indigence scenarios. o.
More informationCourt Costs, Fees and Fines
Court Costs, Fees and Fines November 2007 Susan Combs Texas Comptroller of Public Accounts Justice, County and District Courts IN THIS ISSUE Court Costs, Fees and Fines with an Imposition Date of September
More informationChanges to the Laws Regarding Intoxication Offenses
Changes to the Laws Regarding Intoxication Offenses For well over two decades, there have been a number of substantial changes to the laws regarding intoxication-related offenses. Many of these changes
More informationv Defendant Defendant Defendant Overview of Processing Cases + pleads guilty or Citation Issued Citation filed Go to Case Disposition Enter on docket
P Citation ssued Overview of Processing Cases Citation filed YES Go to Case Disposition Enter on docket Options mails fine and Appeals NO Go to DSC pages 5&6 Defendant FTA Deferred Disposition Go to Warrants
More informationFLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF LAW ENFORCEMENT
In the County Court in and for County, Florida of Arrest: of Arrest: WITNESS TO DISPOSAL/DESTRUCTION NE: Date Type of Court of Court IFWCDLE 025 (09/09) COURT ORIGINAL Signature of Defendant CASE NO. TRIAL
More informationENROLLED HOUSE BILL No. 4928
Act No. 130 Public Acts of 2005 Approved by the Governor September 28, 2005 Filed with the Secretary of State September 29, 2005 EFFECTIVE DATE: January 1, 2006 STATE OF MICHIGAN 93RD LEGISLATURE REGULAR
More informationRULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 3:21. SENTENCE AND JUDGMENT; WITHDRAWAL OF PLEA; PRESENTENCE INVESTIGATION; PROBATION
RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY RULE 3:21. SENTENCE AND JUDGMENT; WITHDRAWAL OF PLEA; PRESENTENCE INVESTIGATION; PROBATION Rule 3:21-1. Withdrawal of Plea A motion to withdraw a plea
More informationFLORIDA RULES OF TRAFFIC COURT TABLE OF CONTENTS
FLORIDA RULES OF TRAFFIC COURT TABLE OF CONTENTS FLORIDA RULES OF TRAFFIC COURT... 1 TABLE OF CONTENTS... 1 CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES... 4 I. SCOPE, PURPOSE, AND CONSTRUCTION...
More informationA GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA
- 0 - A GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA prepared by the CHARLOTTESVILLE TASK FORCE ON DISPROPORTIONATE MINORITY CONTACT TABLE OF CONTENTS 1. INTRODUCTION 2! How This Guide Can Help You 2!
More informationCHAPTER 1. CODE OF ORDINANCES GENERAL PROVISIONS
CHAPTER 1. CODE OF ORDINANCES GENERAL PROVISIONS TABLE OF CONTENTS Rev. 03/11 USE AND CONSTRUCTION OF CODE OF ORDINANCES... 1-2 SEC. 1.01 TITLE OF CODE; CITATION.... 1-2 SEC. 1.02 PRINCIPLES OF CONSTRUCTION....
More informationThe State of Alabama. ABC Enforcement
The State of Alabama -A- ABC Enforcement Agent s Manual Updated 02/20/2007 4-4 Chapter 4 - Page 11 UNIFORM NON-TRAFFIC CITATION AND COMPLAINT The Uniform Non-Traffic Citation and Complaint may be issued
More informationTexas Justice Court Judges Association Professional Development
Texas Justice Court Judges Association Professional Development October 16-17, 2017 SB 1913 and HB 351: Procedural Changes and Satisfaction of Judgments Presented by: Janet Marton Attorney at Law Janet.Marton@gmail.com
More informationEnforcement in Criminal Cases
Enforcement in Criminal Cases Presented by Bronson Tucker, Program Attorney, TJCTC bt16@txstate.edu 1 Sworn Complaint Must Precede Arrest Warrant Article 45.014 of the Code of Criminal Procedure states
More informationNO. THE STATE OF TEXAS THE COUNTY COURT AT LAW VS. OF McLENNAN COUNTY, TEXAS
NO. DISCLOSURE OF PLEA AGREEMENT AND WAIVERS [Must be completed in ALL cases] OPEN plea (no agreement) - Waivers herein will be applicable; OR The State of Texas and the Defendant have entered into the
More informationWhat Happens After Conviction: Traffic and Criminal Divisions
What Happens After Conviction: Traffic and Criminal Divisions 9300 Grant Avenue, Suite 301 Manassas, Virginia 20110 (703) 361-6100 (540) 347-4944 Fax: (703) 365-7988 Table of Contents Fines and Costs...3
More informationSubstitute for HOUSE BILL No. 2159
Substitute for HOUSE BILL No. 2159 AN ACT concerning driving; relating to driving under the influence and other driving offenses; DUI-IID designation; DUI-IID designation fund; authorized restrictions
More informationMagistration. Randall L. Sarosdy General Counsel Texas Justice Court Training Center
Magistration Randall L. Sarosdy General Counsel Texas Justice Court Training Center What We Will Cover The role of the magistrate Arrests Without a Warrant Probable cause Art. 15.17 hearings: Admonishments
More information2. After appeal and upon remand whether appeal was F.C (a) under Ch. 56 or under Article 44.47, CCP.
AGE LIMITS IN THE JUVENILE JUSTICE SYSTEM I. IN THE JUVENILE SYSTEM AGE IS JURISDICTIONAL A. Age at time of offense; child ; F.C. 51.02 (2)(A) preliminary investigation upon referral F.C. 53.01 (a)(1)
More informationYour Guide to. in South Carolina. Issued: August 2013 Revised: July 2016
Your Guide to EXPUNGEMENT in South Carolina Issued: August 2013 Revised: July 2016 Provided by: The SC Center for Fathers and Families is funded in part by: Table of Contents Step 1: What is expungement?
More informationFines & Fees Ad Hoc Judicial Nominating Committee Dec. 13, 2016 Briefing Purpose Understand the structure of Municipal Court s Fines & Fees, and how Dallas may improve in the consistency of how they are
More informationFees & Fines. Ad Hoc Judicial Nominating Committee Oct. 18, 2016
Fees & Fines Ad Hoc Judicial Nominating Committee Oct. 18, 2016 Briefing Purpose Understand the structure of Municipal Court s Fees & Fines, and how Dallas may improve in the consistency of how they are
More informationNew Rules for Setting Fine, Community Service and Indigency for Fine-Only Offenses. Roxanne Nelson Justice of the Peace, Pct.
New Rules for Setting Fine, Community Service and Indigency for Fine-Only Offenses Roxanne Nelson Justice of the Peace, Pct. 1 Burnet County In the past few years, we have heard stories about defendants
More informationSession of SENATE BILL No By Committee on Financial Institutions and Insurance 1-10
Session of 0 SENATE BILL No. By Committee on Financial Institutions and Insurance -0 0 0 0 AN ACT concerning crimes, punishment and criminal procedure; relating to expungement; requiring disclosure of
More informationTITLE 3 MUNICIPAL COURT
Change 2, May 11, 2017 3-1 TITLE 3 MUNICIPAL COURT CHAPTER 1. CITY JUDGE. 2. COURT ADMINISTRATION. 3. WARRANTS, SUMMONSES AND SUBPOENAS. 4. ELECTRONIC CITATION REGULATIONS AND FEES. 3-101. City judge.
More informationNOTE: The governor signed this measure on 6/1/2015.
NOTE: The governor signed this measure on 6/1/2015. HOUSE BILL 15-1043 BY REPRESENTATIVE(S) Saine and McCann, Arndt, Becker K., Brown, Conti, Court, Danielson, Duran, Esgar, Fields, Garnett, Ginal, Kagan,
More informationPRE-TRIAL PROCESSES INITIAL APPEARANCE. What you should know before you get started
PRE-TRIAL PROCESSES What you should know before you get started INITIAL APPEARANCE In person A plea of guilty or a plea of nolo contendere may be made by the defendant or his counsel in open court By mail
More informationKim K. Ogg, Managing Partner, The Ogg Law Firm PLLC presents: Houston Bar Association Family Law Section
Kim K. Ogg, Managing Partner, The Ogg Law Firm PLLC presents: Houston Bar Association Family Law Section 1. Crimes statutory violations found in many of the Texas Codes a. Felonies - State Jail; First,
More informationALABAMA VICTIMS RIGHTS LAWS1
ALABAMA VICTIMS RIGHTS LAWS1 Constitution Art. I, 6.01 Basic rights for crime victims. (a) Crime victims, as defined by law or their lawful representatives, including the next of kin of homicide victims,
More informationl_132_ nd General Assembly Regular Session Sub. H. B. No
132nd General Assembly Regular Session Sub. H. B. No. 142 2017-2018 A B I L L To amend sections 2923.12, 2923.126, 2923.128, and 2923.16 of the Revised Code to modify the requirement that a concealed handgun
More informationSENATE AMENDMENTS TO SENATE BILL 693
th OREGON LEGISLATIVE ASSEMBLY-- Regular Session SENATE AMENDMENTS TO SENATE BILL By COMMITTEE ON JUDICIARY April 1 0 1 On page 1 of the printed bill, line, after provisions; insert and and after ORS delete
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW HOUSE BILL 49
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-191 HOUSE BILL 49 AN ACT TO INCREASE THE PUNISHMENT FOR DWI OFFENDERS WITH THREE OR MORE GROSSLY AGGRAVATING FACTORS, TO AUTHORIZE THE COURT
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA John J. Klinger : : v. : No. 131 C.D. 2004 : Commonwealth of Pennsylvania, : Submitted: June 25, 2004 Department of Transportation, : Bureau of Driver Licensing,
More informationCHAPTER Senate Bill No. 388
CHAPTER 97-271 Senate Bill No. 388 An act relating to court costs; providing legislative intent; creating chapter 938, F.S.; providing for certain mandatory costs in all cases; providing for certain mandatory
More informationSUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE VEHICLE CODE MISDEMEANOR GUILTY PLEA FORM. 1. My true full name is
For Court Use Only 1. My true full name is 2. I understand that I am pleading GUILTY / NOLO CONTENDERE and admitting the following offenses, prior convictions and special punishment allegations, with the
More informationAge Limits in the Juvenile Justice System, Criminal Violations, Delinquent Conduct and Conduct Indicating a Need for Supervision
NUTS AND BOLTS OF JUVENILE LAW Sponsored by the Texas Juvenile Probation Commission and Juvenile Law Section of the State Bar of Texas August 22 23, 2005 Rennaisance Hotel, Austin, Texas Criminal Violations,
More informationPART 6 COURT CHAPTER 1 MUNICIPAL COURT
PART 6 COURT CHAPTER 1 MUNICIPAL COURT 6-101 Organization of municipal court. 6-102 Definitions. 6-103 Jurisdiction of court. 6-104 Judge; qualifications. 6-105 Appointment of judge. 6-106 Term of judge.
More informationExpungement Statutes
Expungement Statutes Statute Year Amended Brief Description 9-23-23 2003 Successfully complete Drug Court for an offense other than Implied Consent 21-23-7 2009 Municipal Court 41-29-150(d)(2) 2010 If
More informationHOUSE BILL No As Amended by House Committee
Session of 0 As Amended by House Committee HOUSE BILL No. 0 By Committee on Corrections and Juvenile Justice - 0 0 0 AN ACT concerning crimes, punishment and criminal procedure; relating to human trafficking
More informationACTIVITY: Issue Spotting. What log jams have you encountered that have hindered effective court administration?
ACTIVITY: Issue Spotting What log jams have you encountered that have hindered effective court administration? Whose Job Is It? More importantly, who can legitimately do it? Prosecutorial Types of Duties
More informationALABAMA PEACE OFFICERS STANDARDS AND TRAINING COMMISSION ADMINISTRATIVE CODE
Peace Officers Chapter 650-X-2 ALABAMA PEACE OFFICERS STANDARDS AND TRAINING COMMISSION ADMINISTRATIVE CODE CHAPTER 650-X-2 REQUIRED STANDARDS FOR APPOINTEES AS LAW ENFORCEMENT OFFICERS AND FOR APPLICANTS
More information