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Deferrals, Deferred Dispositions, and Class C Reductions - Part 1

If your lawyer has given you this link, then you have an offer that will result in a Reduction of your offense to a Class C Misdemeanor, which will then be given Deferred Disposition.

This means that once you meet certain requirements on your original offense (most commonly, attending a class or providing community service hours), your original Class A or Class B Misdemeanor (or Felony) will be dismissed. Obtaining this Dismissal and subsequent reduction (explained below) may take several court dates and settings.

In it's place, the Prosecution will institute a Class C ticket for similar conduct. That offense will then be Deferred (Deferred Disposition) for a set number of months -- typically 6 or 12 months. That's not probation, and there is no oversight or checking in.

During the Deferral period, you'll be required to abide by pre-set terms and requirements. Most commonly, these terms can include paying a fine and court costs, community service, offender education classes, and remaining out of trouble with no new arrests for the deferral period.

If the terms are complied with, then the Class C offense will also be dismissed.

Once both the original offense and the Class C is dismissed, you can apply for an Expunction, which is where your criminal record for these offenses (and any others that may have been dismissed) can be destroyed. The waiting period (Statute of Limitations) for a Class A/B/C Misdemeanor is 2 years from the date of arrest/citation. Call us to discuss the timing if your case was a Felony.

Lastly, it may be advantageous (to provide you more time to complete the intitial requirements) if you sign a JURY WAIVER, which indicates to the Court that you will be accepting the Prosecutor's Offer of Dismissal/Reduction -- just not yet, since you need to finish some items.

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Law Office of Robert Keates

700 Lavaca St #1400
Austin, TX, 78701

Austin Lawyer handling Misdemeanor and Felony Criminal Cases

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Serving Austin, Travis County Texas

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