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Can I be on another deferred disposition within one year prior (in a different city)?

Plano, TX |

I'm on deferred disposition for one citation that will end on 11/11/2012. A month after I was placed on deferred disposition in Plano, TX, I received another citation in Richardson, TX. I retained a lawyer to get that ticket off my record, I clearly stated that I am currently on the deferred disposition for a previous citation but it was in a different city. Today, I received a letter from my lawyer that says I was placed on another deferred disposition in Richardson, but I need to sign an application to swear everything is true to court, one of the statements says "I have not been on deferred disposition for dismissal of an offense within the one year period to the offense date in this matter." I assumed my lawyer should've been aware of that, but I'm still wondering if this is okay?

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Attorney answers 2


It is not okay to file a false affidavit with the court. It is okay to be on deferred for more than one citation in more than one city within in the same year. However, the conditions of that deferred disposition are up to the judge. And it sounds like Judge Noah in RIchardson does not grant a deferred disposition if you are currently on or have recently been on another deferred. It is possible that your attorney can get Judge Noah to waive that condition. This would require both you and the attorney to return to court. You need to call your attorney immediately to clear this up.

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Whatever you do, do not lie. My colleague gave a great answer already but most important, do not lie.

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