What Does Disposed Mean in Legal Terms
As used in the legal context, the word "disposed," is an example of legal jargon. Disposed, means that a ruling has been made on a case. It refers to the fact that a case is over. In real estate it is a common term used regarding closing or settlements. It is the legal way to describe a final decision or the outcome of a case. A judge will enter a final ruling, the court will enter judgment and the case will then be disposed of in a criminal court. In this context, the term does not have anything to do with how a case ended , simply that it is over.
A prosecutor may well have a number of pre-trial conferences before the case is disposed of. Pre-trial conferences are held because defense and the prosecutor may be trying to reach a plea bargain or settlement. As long as court coffers are being filled, the DA and defense attorney may continue to discuss possible options for the defendant. However, when the parties can take no more, the case will be disposed of, and it will be over. In the case of a criminal defendant, this could mean dropping the charges, dismissing the case or could mean sentencing, depending on the outcome.
How Cases Are Disposed of in Criminal Court
There are really only 5 ways a case can be "disposed of" in a Georgia criminal court case. Those are: dismiss; proposed plea deal accepted by judge; defendant pleads guilty; verdict is rendered at trial; or judge finds defendant "not guilty."
Dismissal of a Case – A case can be dismissed at the pretrial stage for a variety of reasons. For example, it can be dismissed when there’s no probable cause to believe a crime has been committed, or if the arrest warrants are later void for some reason. Motions to dismiss could be filed at any time, generally though they’re filed prior to trial. At times, a dismissal could even occur on appeal. If the judge receives word that the defendant was not charged with a crime that he/she was accused of, then the case may be dismissed. In some cases, even if the judge may want to pursue a prosecution, the District Attorney may not have sufficient evidence to pursue the charges. The District Attorney may request that the case be dismissed when the evidence is insufficient.
Acceptance of a Plea Deal – The defendant may decide that he/she does not want to risk conviction at trial, so he/she plans to accept a plea deal from the state. Plea deals cannot be proposed after a jury is selected. Still, prosecuting attorneys may seek to make plea deals throughout the pretrial period. After plea negotiations, there could be an agreement made to plead guilty to reduced charges. Sometimes, you can even get a plea deal if the charges are reduced in exchange for testimony for the prosecution. If the plea deal is agreeable to all parties, the agreement would be entered in writing and entered into the court’s record.
Defendant Enters a Guilty Plea – A defendant has the right to enter a guilty plea to a charge instead of going to trial. The Pleasure of guilty is entered at what’s known as a PLEA HEARING. At this hearing, the Judge will ask the defendant certain questions such as the defendant understands he/she has the right to a trial by jury, the right to an attorney, the right to testify, and the right to not testify. Then the defendant is asked if he/she understands what the charge is and its possible punishment; understands the state then has the burden of proof beyond a reasonable doubt, and all that is required of them is to plead guilty. When the defendant admits pleading guilty to the charge and the state restates what their evidence would be if a trial were to be held then the Judge will enter the guilty plea.
Trial Verdict is Rendered – A case can go to trial and the defendant will be found guilty beyond reasonable doubt by a judge – or jury – of the defendant’s peers. The evidence presented by both sides is evaluated to a standard of "beyond a reasonable doubt." The defendant does not have to prove innocence. The prosecution must prove guilt. The prosecutor’s burden of proof increases if the defendant raises affirmative defenses such as insanity, justification, accident, mistake, etc. The burden of proof could even shift to the defendant if he/she claims self-defense. As the defendant, you don’t have to take the stand to testify, but you can. The prosecution also presents evidence through documents, witnesses, and forensic evidence. The judge or jury then renders a verdict.
Judge Finds Defendant "Not Guilty" – After the trial, the judge or jury returns a verdict of "not guilty" for the defendant. When acquitted, the defendant is free to go. In a bench trial, the judge also has to look at property that was seized and can release it back to the owner if it’s established that it’s not contraband. Verbal and written notices will be sent to all involved parties about all dispositions.
What Happens If Your Case Is Disposed
Even after a case is disposed the defendant is still effected, legally and personally. A defendant will still be subjected to a further criminal sanction because as the record shows the case is still disposed with a conviction. First, more likely then not this will show up as a conviction on the defendant’s record. The defendant will suffer this as long as the conviction shows on the defendant’s record based on their future legal troubles. During future criminal proceeding, the defendant will be considered a habitual criminal and a repeat offender based on their already misconduct.
Second, because the case was disposed, the defendant will still face a criminal sentence. In Virginia, assault and battery are substantial low-level criminal charges. The penalties may include a fine of $2500 and/or a year imprisonment. Therefore, if the charge is settled by the prosecutor by an nolle prosequi, the defendant may receive a fine. On the other hand, if the defendant pleads guilty, he or she may still be sentenced to a year’s imprisonment.
Third, there may be further ramifications in the civil court system as a result of the defendant’s charge. For instance, if a defendant sues the police department for false arrest, the police may use the incident as evidence that the conduct was reasonable. In addition, the court may find that the police conducted themselves in a proper manner. Therefore, the police department may win its motion for summary judgment based on this disposition.
What’s the Difference: Disposed vs Other Legal Terms
The term "disposed" in this context means the conclusion of a case in a criminal court. This phrase is specifically used in relation to dispositions in a criminal court case, rather than civil cases. There are many other legal terms that mean the conclusion of a matter, but in a civil context or perhaps even before a criminal court. Any reference to something being "settled" generally means that matter was concluded in a civil case, by the parties reaching an agreement so no further litigation is required . An adjournment means that court date has been postponed to a future date, but does not mean the case is disposed. If a case is adjourned, we know it’s not disposed, until the very next court date. Another terminology in the criminal context is that the case is closed, which means the case has been disposed or settled in the sense that no further proceedings are required.
What Happens After Your Court Case is Disposed
There are multiple ways that a case can be disposed. If a defendant pleads guilty or is found guilty after a trial, generally there is some sort of punishment for the defendant(s). Sometimes that punishment occurs immediately after the case is disposed, or sometimes there might be some time before the punishment is rendered. Oftentimes, this is in the form of sentence. Generally, there is a set period of time that a defendant has to file an appeal. This gives them time to seek an attorney, whether it’s the same attorney that represented them or another one. A defendant is not required to use the same lawyer, and if the defendant does get a new attorney, then the new attorney will usually file an appropriate motion to give them additional time if the normal time period lapses while the new attorney is being hired.
Common Misconceptions About Disposed Cases
Common Misconceptions About "Disposed" in a Criminal Court Case
To be "disposed" of a case means to have achieved a verdict — a guilty verdict or not guilty verdict — basically, to have had a trial in your case. Any disposition other than a trial is a plea agreement. These types of cases do not count as an actual disposition by a verdict; we count those as being "settled." So you have the cases that are "disposed" by a verdict and cases that are settled by plea agreement. There are people out there that believe that "disposed" means resolved , and I really think it should be defined as "resolved because you pled guilty and agreed to a certain sentence."
So if you pled guilty in exchange for a certain sentence, people out there will say "Your case was disposed of." That’s not correct. Your case was resolved with a plea agreement — two different terms. It’s very important to understand that.