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.
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 45.051 Code of Criminal Procedure
Are they Eligible? Deferred Option applies to All fine only Offenses, EXCEPT: Offenses committed in a construction maintenance work zone (542.404 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 45.051(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
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.
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?
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!!!!!!
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
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
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!
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
Deferred Disposition Reporting Reporting to DPS May not report traffic offenses deferred unless Defendant fails to complete and there is a conviction (Sec. 543.3204, T.C) Must report deferrals of all Alcoholic Beverage Code offenses (Sec. 106.117, 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
Don t forget your Resources TMCEC Forms Book Local TCCA Chapter TCCA Procedures & Reference Guide Other Municipal Courts
Art. 45.051. 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 521.161(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.
(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 521.161(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 55.01. 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 542.404 or 729.004(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.