Deferred Disposition is a suspended sentence. On your plea of guilty or no contest, the Judge will defer the finding of guilt until a later date, assess the applicable court cost and fees, and order you to comply with certain conditions. If you successfully comply with the terms, your case will be dismissed and the bond money will be applied to a special expense fee.
If your request for deferred disposition is granted, you will be placed on probation for a period not to exceed 180 days. As a condition of your probation, you must not receive any additional citations in the City of Lufkin, including parking tickets, during the deferral period. Other conditions may also be imposed to qualify for deferred disposition. Any conditions or terms required to successfully complete the deferral period will be provided to you in writing by the court. In addition, you will be required to read and sign the deferred disposition order acknowledging receipt of the information needed to satisfy your deferral terms. If you are under the age of 25 you will be required to complete defensive driving.
You are eligible for Deferred Disposition IF:
- You have entered a plea of No Contest or Guilty.
- You do not possess a CDL license (Commercial Driver’s License).
- You have not participated in any deferred disposition program during the past 12 months, calculated from date of previous dismissal to the date of your current citation.
- You are not currently participating in a Deferred Disposition in the City of Lufkin.
- You are not charged with speeding in excess of 24 mph over the speed limit.
- You are not charged with a violation occurring in a construction zone.
- You have not already paid your fine which resulted in a final conviction in this case.
- If you are under the age of 25 see below.
You are NOT eligible for deferred disposition if:
- There was an accident – or an incident where witness(s) were involved
- You have had probation in the last 12 months
- A speeding violation must not exceed 24 MPH over the posted speed limit
- You committed a violation while passing/overtaking a school bus
- The violation occurred in a construction zone with workers present
- Your citation is for a violation other than a traffic citation
- You are the holder of a commercial driver’s license
A Request for Deferred Disposition/probation must be submitted by mail or made in person at the court clerk's office within 12 calendar days of the offense date.
Cost & Fees
The State court costs and a deferred disposition fee will be due to the Court upon granting of a request for deferred disposition/probation. Because the costs and fees will vary according to the offense cited and the facts and circumstances of your case, you will need to contact the Court to learn the exact amount of the deferral fee owed for your citation(s). To determine the total amount owed, please contact the Municipal Court at 936-633-0315.
At the end of the deferral period, provided you have met all the conditions of your probation, the judge will dismiss your citation without a final disposition. Dismissal of the citation is not reported to the Department of Public Safety, and thus, the offenses are not recorded on your driving and/or criminal record.
Failure to Comply
If you fail to comply with any conditions, you will be scheduled on the "Show Cause" docket and will have to appear in Court to discuss your case with the Judge. Your probation will not be automatically revoked.
However, if you do not appear at this hearing, a final judgment of guilty will be entered. Without further notice a capias pro fine warrant for your arrest may be issued immediately. The guilty conviction will be reported to the Department of Public Safety and will appear on your driving and/or criminal record and may result in the assessment on your driver's license of a surcharge under the Driver Responsibility Program.
If you have any questions, please contact the Municipal Court at 936-633-0315. Se habla Español. Llame o pase a nuestra oficinia.