Deferred Disposition and Why that Ticket is Still Haunting You

“I thought I paid that”:  Differed Disposition and Why that Ticket Is Still Haunting You

                I handle lots of Class C misdemeanors.  The most common Class C misdemeanors are traffic tickets (moving violations): things like speeding, running a red light, etc. 

                A very common way of resolving a Class C is deferred disposition.  This is when the Defendant enters a plea of no contest but the finding of guilt is “deferred” for a period of time, often 90 or 180 days, and conditions are placed on the Defendant that must be completed by the time the deferral ends.

                The most common conditions are “no new tickets/convictions”, driver’s safety course, and payment of a special expense fee (and sometimes court costs).  This means that within the period of deferral the Defendant has to do the things asked of him/her. 

                I get a lot of calls from people who say “I thought I took care of this, but I got a letter/phone call, etc. Why?”  Most often it is because s/he entered a deferred disposition but did not abide by the conditions and complete the deferral. 

                How you can mess up a deferral:

·         “No new tickets/convictions”:  Ifyou get a new ticket or a new conviction, depending on the jurisdiction, the deferral will not be successfully completed.  Sometimes, you have to submit an affidavit swearing that you have not had any new convictions. 

·         “Special Expense Fee”:  You will always have to pay a fee (it is not technically a fine) for a deferral.  If you do not pay by the deadline, you will not successfully complete the deferral.

·         “Drivers Safety”:  If you have been told to complete a class, such as driver’s safety course, you have to do it during the deferral period AND submit proof of completion.  If you do not do it, you will not successfully complete the deferral.

If you have entered into a deferral and have not successfully completed it, typically you will be set for a “show cause” hearing in which you will be most likely (depending on the jurisdiction) be given a chance to explain why you did not complete the deferral and sometimes you will be given a short amount of time to complete and submit proof.   If you do not attend the show cause hearing, at that time, a finding of guilt will be entered and you will be convicted of the Class C. The notice for the show cause will be sent to the address the court has and usually will not be forwarded.   If you do attend the show cause and are not given more time, a conviction will be entered.  If you are given more time, and still don’t complete the deferral, a conviction will be entered.

If you get a conviction entered after you do not complete a deferral, typically a heavier fine will be assessed.  Some jurisdictions will max the fine assessed.  At that point, typically a warrant will issue as well and will not be withdrawn until you pay the fine.  If you are convicted of an offense that carries a license suspension or surcharge, or both, you will be assessed that as well.  If it is a moving violation, points will be added to your driver’s license.  The conviction will be placed on your driving record and will likely be reported to your insurance.

It is very important you understand the conditions placed on you when you enter into a deferral.  Ask questions and get it clarified by the court staff.  Calendar ALL deadlines and abide by them.  If something comes up and you cannot make a deadline, ask for an extension in writing.  It is easier to get an extension prior to the deadline than asking for time at the show cause – lots of courts are not very forgiving at the show cause.

If you are struggling with tickets that seem to keep popping up, give me a call today. 

Why you should go to court on Class C misdemeanors

Why you should always keep your court dates:  a series in three parts 

The consequences of failing to appear on Class C misdemeanors

It is common in my work to come across clients who have outstanding warrants on Class C misdemeanors.  Class C misdemeanors are the lowest level of misdemeanors in Texas; they are punishable by fine only and not jail.  They include minor criminal offenses like Public Intoxication and Possession of Drug Paraphrenalia and all traffic offenses like speeding and failure to yeild right of way.

When you receive a citation or “ticket” for a Class C misdemeanor, you will get a court date on that citation for when you should either appear or contact the court and ask for options on how to resolve the case.  If you wish to speak with a prosecutor about the case, which is a better option often times than simply pleading no contest and paying the fine, as I have explained elsewhere, you will get another court date on which to appear. 

If you do not appear or make arrangements with the court to reolve the matter, there will be consequences that can adversely affect your life. 

First, you will be charged with a second Class C misdmeanor of “Failure to Appear”.  This is a negative consequence as it will be yet another citation you will have to resolve with the court.  It may cost you more money as you may have to pay an additional fine. 

Second, warrants will be issued for your arrest.  If you ever have an encounter with law enforcement in that jurisdiction, you may be arrested on these warrants even though they are Class C misdemeanors.  You may spend some time in jail on these charges even though they are not punishable by jail time.  You may eventually be released with a court date or you may be ordered to “sit out” the fines if you plead guilty at magistration.

Now, these are the most obvious of the consequences.  There are more that are far more obscure and less publicized and may surprise you. 

If these tickets – both the original citation and the failure to appear – are entered in the OMNI database, you will be refused the ability to renew your driver’s license and register your vehicle, which could lead to more criminal citations like DWLI and expired registration.  You will have to resolve these citations before you are allowed to renew your driver’s license and registation.

Resolving these citations may be more difficult if they get “old”.   Fees, such as collection fees, may drive up what you owe.  You will also be charged warrant and OMNI fees -- $50 warrant fee and $30 OMNI fee per ticket for a total of $80 – that must be paid when the tickets are resolved.  You will often not be allowed to negotiate the fines and fees if the tickets are “old” and are in the OMNI database and/or are in collections.  You will not be allowed a deferral.  You will have to pay the amounts in full.  The only way around this is to hire an attorney to post bonds and get these cases back on the docket, which will cost you money.

It may seem like it is the best solution to just ignore your citations.  You may feel like you don’t have the money to take care of them or the time.  However, avoidance of the citations will lead to the situation getting much worse.  If you cannot afford to pay a citation, you can perhaps ask for community service in leiu of payment.  Don’t just put your head in the sand and expect the ctiations to go away – they won’t. 

If you are struggling with outstanding warrants on Class C violations, OMNI holds, and the like, I am here to help.  I can usually save clients money and time, and get them out of the morass of unpaid tickets.  But what is even better is to take care of ctiations in a timely manner so you don’t need someone like me to fix it after it’s become an unsolvable problem.