What is a Letter of Disposition From the Court?
A disposition letter from court is a court document that lists the disposition of a criminal case. A disposition letter is a record of what happened in a case after the final adjudication. It tells interested parties that the court has completed a specific action or series of actions concerning a particular subject.
Examples of appropriate court dispositions include:
An adjudication of guilt (i.e. a conviction) after trial, guilty plea or guilty finding;
Not guilty verdict after trial;
Withdrawal of all criminal charges;
Lack of prosecution of the criminal charge (i.e. where the state refuses to prosecute);
Transfer of the case from one court to another;
Dismissal of the case; and
Entry of an order of nolle prosequi.
A party to a proceeding, as well as the public at large, may ask the court for a copy of a criminal disposition letter. The individual who requests issuance of a disposition letter must file a motion with the court and may have to pay a fee in order to obtain a copy of the letter.
A court disposition letter relating to a criminal case is different from a disposition letter issued by a treatment court. Such a letter will summarize the progress of a participant through the treatment court program, its terms and requirements, whether the participant completed the requirements , whether there were any procedural violations and any other details relating to the participant’s status in the treatment court. Treatment court letters are signed by the presiding judge of the treatment court, rather than the clerk of court.
A court disposition letter might be called for in a number of common circumstances. For instance, a court disposition letter might be given to an individual who received a ticket in the United States Virgin Islands and is required to do community service in exchange for the dismissal of the traffic ticket. The letter is proof that the individual did what the court asked him or her to do, namely, complete community service, and thus, does not have to pay the fine associated with the ticket.
Another possibility is that a sentencing court in a criminal case orders the defendant to be placed on probation rather than sentencing him or her to serve time in jail. The court disposition letter is the proof that the defendant successfully completed his or her probationary term, and satisfies the requirements that the court ordered him or her to complete.
A third possibility is that the court dismissed certain charges against an individual. In such a case, the disposition letter is the way for the court to communicate this fact to other courts and the public at large.
Elements of a Disposition Letter From Court
A standard Court disposition letter will usually include the following components: 1) case information, 2) outcome information and 3) special rulings or conditions set by the court.
Case information typically includes the case title (Court/agency v. person charged), case number, and the municipalities in which the events occurred.
Outcome information typically includes the sentence such as: jail time, concurrent and consecutive sentences, probation, fines, loss of licenses, periods of suspension and fees. It is also common to include parole/probation details including periods of supervised or unsupervised parole/probation, eligibility for discharge or early termination, and reporting instructions and requirements.
Special rulings by the court are issues not normally covered by the disposition letter but that need to be reported to certain agencies such as: AE county children and youth, teacher certification actions, firearm restrictions, 8110s, Megan’s Law, and mandatory mental health monitoring.
How to Get a Disposition from the Court
Dispositon letters are obtained from the Court in which the case was filed. The disposition letters are obtained from the Clerk of the Circuit Court of the County the case is filed in. A disposition letter can also be ordered from the Clerk’s Office of the Virginia Supreme Court if your case was appealed to the Supreme Court of Virginia. The Clerk for the Circuit court of a particular county will also have access to the Supreme Court records as well.
The order of the Court, which has the disposition for the case, will be signed by the Judge which was assigned to that particular case. Once the Judge signs the order, the Clerk of the Court will have the order available for view in the case file which can be printed out by the Clerk or a member of their staff. The Clerk or her staff can also print the disposition letter upon a request by a person through telephone or e-mail and upon receipt of the fee for such a letter. There will most likely be a fee for such a request.
The time frame for receiving a disposition letter for a traffic charge will vary according to the Court and scheduling of the judge at the time of the matter being settled. Other charges such as DUI, Reckless Driving, or Drug charges, these matters could take 30- 60 days for the Judge to review and sign the Order and the Clerk’s office to then issue the Disposition Letter.
The Legal Significance of a Court Disposition Letter
The information presented in a disposition letter holds significant legal meaning for the parties involved. The information pertaining to a legal obligation, for example, sets the stage for how long the obligation should be paid, or what the payment schedule will be.
A disposition letter outlining a non-financial obligation may also specify requirements, but they may not be monetary. For example, the obligation could involve the non-financial agreement to relinquish the rights to a particular piece of property under the terms outlined in the court disposition letter within 30 days of receiving it .
In other circumstances, the receipt of a disposition letter may qualify as the right to appeal. In order for issues to hold up in court at a later date, it is important that the appeals process be observed.
Moreover, the receipt of a letter may mean that terms have required specific timeframes and conditions in order to be upheld in a manner that satisfies the law.
A disposition letter can detail a variety of legal stipulations, from restrictions involving the relevant parties to the creation of special obligations. The implications of a letter will vary according to the case and the facts, but the information is both important and consequential.
Dispelling Common Misconceptions Regarding Disposition Letters
Many individuals hold misconceptions about what a disposition letter can and cannot do from a court, which lead to more serious problems down the line. For instance, it is a common misunderstanding for people to believe that a disposition letter formally closes a case. Instead, it is simply a letter stating that the court possesses the final judgment concerning that particular case. The underlying case remains open, and the court retains the record until they receive a request for destruction from the relevant department.
Another misconception is that the court has to sign off on motions in order for them to be valid. This is not the case, even though the court will eventually sign off on a motion as soon as it makes sense to do so for the proceedings. However, the final word on whether a motion is acceptable rests with the relevant department handling the case.
A disposition from court also does not establish a time limitation on related matters. In general, you still have 12 months from the issuance of the last disposition to request relief for additional cases or other matters. There are certain exceptions, which are often contingent on whether a specific department has any restrictions in place, but this is a general rule of thumb.
Questions & Answers About Disposition Letters
Who Can Request A Disposition Letter?
Pursuant to Section 2-205 of the Code of Criminal Procedure, a disposition letter must be requested either by the attorney of record or by the defendant who is the subject of the letter.
How Long Is A Disposition Letter Valid?
Pursuant to Section 2-205 of the Code of Criminal Procedure, a disposition letter remains valid for a period of 90 days.
Is A Disposition Letter Admissible Into Evidence?
Pursuant to Section 2-205 of the Code of Criminal Procedure, a disposition letter is admissible as evidence. By way of example, the State of Illinois may introduce a disposition letter into evidence to show that the defendant has other criminal convictions in the State of Illinois and, therefore, the defendant is subject to enhanced sentencing, if the defendant is convicted of any additional criminal offenses, which are classified as felonies (presumably due to the nature of the defendant’s underlying criminal convictions) in the future .
Is A Disposition Letter A Sentencing Order In A Criminal Case?
No, pursuant to Section 2-205 of the Code of Criminal Procedure, a disposition letter does not constitute a sentencing order in any criminal case. Instead, a disposition letter merely sets forth an official record of the final disposition – or final resolution – for a singular criminal case. So, if the defendant was sentenced to a period of incarceration (a prison sentence), the disposition letter will reflect that. Presumably, the disposition letter will also reflect all of the conditions of the defendant’s sentencing.
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