June 15, 2016

Asked 6/13/2016 – Dallas, TX

My son is planning to request deferment in a different court as in this certain court it states he is eligible to do this as long as he hasn’t been on deferment in that certain court within six months. He’s currently on deferment in another court. If this ticket that he’s asking to be put on deferment ends up becoming a violation to the other deferment, and causes it to become a conviction, will his second ticket become automatically violated? It’s a little hard to explain it all but maybe you understand what I’m asking. Will they both cancel each other out and both become convictions?

Answer

Receiving the 2nd ticket COULD be a violation of the 1st deferred disposition agreement; it depends in if the terms of the 1st deferred state that your son could not BE ISSUED another citation during the probationary period (which has occurred), as opposed to BE CONVICTED (which has not). Each court has different language in their particular order. Let a local attorney review the first deferred disposition order and decide how you should proceed.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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