Disposition Hearing in Texas

When a person is convicted of a crime, whether by the verdict of jury or a guilty plea, the sentence must be determined by a judge. In Texas, crimes are classified as misdemeanors or felonies. Misdemeanors are generally less serious criminal offenses and are punished less harshly than felonies.

For example, the Class C misdemeanor of public intoxication can be punished by payment of a fine of up to $500. The crime of burglary of a habitation, a 2nd degree felony in Texas, can be punished by a fine of up to $10,00 and 2 to 20 years in prison.

In Texas, the term “disposition” refers either to the current status of a criminal case or to its final conclusion. A criminal case can be dismissed, i.e., not prosecuted, transferred or suspended, if the circumstances are appropriate.

Of course, a criminal case can also end in a conviction through a plea or verdict at trial, or be resolved in some other way. A Texas lawyer consultation would help a person understand how disposition works in criminal cases in that state.

One possible resolution of a criminal case is deferred disposition. In a deferred disposition, the court and the defendant agree that if the defendant completes certain requirements specified by the court, the defendant’s case will be dismissed.

But disposition hearings are most often held in criminal cases involving juvenile defendants, i.e., one who is older than 10 but under the age of 17. If police detain a juvenile suspected of committing a crime, the case is referred to a court services unit. The local district attorney decides whether a petition of delinquent conduct is filed in the case.

If the district attorney decides to file a petition, a hearing is scheduled in one of four courts. The juvenile may receive notification that they should go to a specified location to receive a citation for the hearing.

If the juvenile is in detention, they have attended a detention hearing after being detained. So the disposition hearing is scheduled to take place within 10 working days of the detention hearing. If the juvenile is not in detention, the hearing is usually scheduled to take place within two to three weeks.

If the district attorney decides not to file a petition, or if the district attorney recommends that the juvenile be ordered to deferred prosecution supervision, the parent receives notification of the fact that no hearing is to take place in the case.

If a disposition hearing is scheduled in a juvenile’s case, the juvenile must be represented by a lawyer. If the parents cannot afford an attorney, they may request representation from an attorney appointed by the court. A parent should try to hire a lawyer before they request a court-appointed lawyer.

But before a disposition hearing can happen, there is an adjudication hearing. At the end of the hearing, the court makes a decision to the effect that the juvenile did or did not commit a delinquent act as alleged. If the court decides that the juvenile committed a delinquent act, there is then a disposition hearing.

Additional Process Considerations

Before the disposition hearing, a court services officer meets with the parent or parents and their child. The purpose of this meeting is to develop information to include in a report to the court at the disposition hearing. This report is referred to as a “social study.” The court uses the social study in deciding what type of plan to order for the juvenile.

At the disposition hearing, the court reviews the social study. It may then order the juvenile to serve a term under probation supervision, placement outside of their home or commitment to the Texas Youth Commission.

In making its decision, the Court considers such factors as the following:

• The juvenile’s history of violating the law
• The resources available to the juvenile in their home
• A possible adjustment to their school assignment
• Providing resources to address the juvenile’s special needs.

Contact a Texas lawyer if you have any questions about disposition hearing issues.

Are There Disposition Hearings in Texas Criminal Cases?

As noted above, in Texas, there can be disposition hearings in criminal cases in which an adult is the defendant and in cases involving juvenile defendants. Basically, at these hearings, the court makes a determination as to the sentence that the defendant must complete to resolve their criminal case.

There are also deferred dispositions in Texas criminal cases. A deferred disposition is an agreement between a court and an adult defendant. The defendant agrees to complete certain requirements imposed by the court and the court agrees to dismiss the criminal case if the defendant completes the requirement. It is similar to probation, but less structured, as there is no probation officer to whom the defendant must report regularly.

An adult defendant can arrange to be sentenced to deferred disposition by speaking to the prosecutor and asking for their agreement to it. Or the defendant may ask the court if it could be available to them. If the prosecutor agrees, then they present the agreement to the judge, who almost always agrees to it if the prosecutor has agreed.

Are Disposition Hearings Held in Texas Juvenile Court?

Disposition hearings happen most often in juvenile cases. They are the hearings in which a judge decides on what should happen to the juvenile who has been found to have committed a delinquent act. The options are as follows:

• Serve a term under probation supervision
• Be placed in a residential facility outside of their home
• Be committed to the Texas Youth Commission.

What Is a Disposition Hearing Argument in Texas?

At a disposition hearing, the defendant and the prosecutor may each wish to make their respective arguments to the judge for or against a particular disposition of the case. They can do this in a disposition hearing.

What Does a Texas Disposition Hearing Lawyer Do?

The lawyer for the government is the district attorney. They represent the interest of the government, or the state, in a particular outcome in a case. The lawyer for the defendant represents the defendant’s interest. They would make their argument for the disposition that the defendant prefers in their case.

The defendant’s lawyer would focus on mitigating factors, i.e., those factors that may minimize the guilt or responsibility of the defendant and the punishment they should receive. For example, a defendant’s lawyer would research the defendant’s criminal history and the facts of their current offense. They would inform the court if the defendant has no criminal record or only a minimal one. They would want to engender sympathy for the defendant in the judge.

The prosecuting attorney would stress any factors that reflect negatively on the defendant and the degree of their guilt, if there are any. They would argue that these factors indicate that a more severe punishment would be appropriate.

Of course, each lawyer must have done their research and prepared their argument before the date of the hearing. They then present their argument orally to the judge at the appointed hour.

Can I Present Arguments at a Disposition Hearing?

The prosecuting attorney presents the argument for the state. The defendant’s attorney presents the argument for the defendant. They might have the defendant testify on their own behalf if they think it would help their case. And, if the defendant does not have an attorney, they might present their argument themselves.

A juvenile must have an attorney, and that attorney would present any argument on behalf of the juvenile.

Do I Need a Lawyer for a Disposition Hearing in Texas?

If you have a disposition hearing scheduled in your future, you want to talk to a Texas criminal lawyer. Your lawyer can review your history and the case in which you are now involved. They can identify mitigating factors that might help you win a less harsh disposition.

Your lawyer understands the procedure involved in disposition hearings, whether they are for an adult defendant or a juvenile. You will get the best possible outcome with the help of a Texas criminal lawyer.