What Does Disposition Mean in Law?
It is this legal definition of "disposition" [meaning resolution] – which came from French [d’Disposition] and was derived from the Latin "dispositio" – that has been carried into the context of court cases and dispositions arising out of criminal charges, whether by way of a judgment of conviction following trial, a guilty plea, or a conditional discharge and/or the dismissal of a case, such as in drug court or other diversionary programs. For example, if you have been convicted of a crime, the court will be asked to impose a legal consequence which could include a sentence to jail time, probation, parole , fines or restitution. The result is then called that "disposition" of your case.
"The disposition of (e.g.) felony charge pending against you will be released by the court within two weeks."
Whereas the above sentence would generally be speaking as to the eventual result of a case, statements like the following would be more specific to the manner the case is resolved:
"The case is resolved by way of a disposition of guilty plea"
Or
"Case resolved by favorable disposition of term of probation"
Although the word is not one generally seen outside the court system, when you do encounter it, the above is its basic meaning – a court is notifying someone of the resolution of a case.
Types of Court Disposition
The disposition of a case refers to how the case is resolved in court. There are many methods by which a case can be disposed of, including guilty, not guilty, dismissed, deferred, or something else. Below is a summary of the types of dispositions you may see on your insurance record.
Guilty – A conviction of guilt is the most common disposition you will see. Guilty dispositions are typically the result of pleas of guilty, no contest, nolo contendere, or findings of guilt after a trial.
Not Guilty – A finding of not guilty of an offense in court. You may see a disposition of not guilty when judges find a defendant not guilty even after a jury finds that the defendant is guilty. This may occur when the judges overrule the jury verdict. The reverse occurs as well—when the defendant is found guilty after a jury trial but the judge overrules the jury verdict and finds the defendant not guilty.
Dismissed – This is the second most common disposition. Dismissed dispositions usually occur where there is a nolle prosequi (where the state dismisses the charge) or some kind of traffic observance court or diversionary program which results in a dismissal. Sometimes a prosecutor will move to dismiss a case without a request from the defendant. Dismissed also means that the charges have been dismissed for one reason or another.
Deferred or Continued – When charges are deferred or continued, it means that the court removes the case from its active docket and it will be held until a future date or the defendant completes some requirement, such as completing a drug program. Typically, the defendant must either pay a fee, complete community service, or attend a class related to the crimes.
Not Guilty by Reason of Insanity – NGBRI is the disposition where the defendant is found not guilty due to insane mental impairment.
Conviction on Lesser Included Offense – This is the disposition where the defendant is convicted of a lesser included offense. Take, as an example, a DUI driver who pleads down or amends to a reckless driving charge. In that case, the charge is disposed of as a lesser included offense and not of a DUI.
Compromise Conviction – The disposition of compromise conviction occurs when the defendant pleads guilty to a lesser degree of a more serious crime or where there is a plea bargain.
Pending – Where a case disposition is pending, it means there is currently some action in court and a decision on the disposition of the case has yet to be made.
Live [Supervised] Remote – It means a defendant must appear before the Court for the next scheduled court date but must do so through an interactive internet or video conferencing stream. The remote proceeding must be live and the defendant is required to contribute equally with other participants from his or her location, and must be able to view all participants in the proceeding to the same extent as they are able to view the defendant on the video screen or monitor.
Virtual – As opposed to a remote court proceeding, a virtual court proceeding is a posted session, on a specific day and at a specific time by a remote court judge. The defendant will need a commensurate device that has internet access, a camera and audio capabilities. Such devices include, but are not limited to, smartphones, tablets, and laptop computers. Although it is the responsibility of the defendant to secure the device, the Court will provide the necessary software and log-on information.
The Disposition Process in Criminal Courts
For criminal cases, the disposition process involves the plea bargaining process except that it contains additional stages in order to reach a final disposition. The judge, jury, and attorneys all play key roles in this process.
1. Plea Bargaining
Typically, if the defendant either pleads guilty or no contest, the judge will set the case for sentencing after the plea, the date depending on the preferences of the judge, the defendant, and the attorneys.
If the defendant pleads not guilty and schedules the case for trial, the case will be set for a pretrial conference shortly before trial during which the attorneys will both announce their trial readiness. It is during that pretrial conference that the attorneys might continue negotiating about the defendant’s possible guilty plea in order to reach a final disposition.
2. Trial
While plea bargaining typically takes place prior to trial, some pleas can be entered even while the trial is in progress. If a plea is entered during trial, the judge will have the attorneys put the plea on the record on the record and vacate the jury, if there is one. The process for entering a no contest or guilty plea is the same whether it is a misdemeanor or felony. The trial court judge will usually begin the taking of the plea by having the defendant, if present, waive the right to jury trial. Then, the judge will ascertain that the defendant is ready to enter the plea.
The judge will also have made some preliminary inquiries about the defendant and the defendant’s experiences with the criminal justice system and will make an initial finding that there is a factual basis for the plea and that the plea is knowing and voluntary as required in order for the court to accept the plea.
Once the court has made those initial findings, it will have the defendant and his attorney complete a written plea form unless the defendant waives his right to have it in writing. Even if the plea form is waived, the court will still ask questions that are in the usual plea form to verify that the plea is knowing and voluntary, as well as to confirm that there is a factual basis for the plea.
The court will ask the defendant if he has gone over the plea form with his or her attorney, if he is satisfied with his or her attorney’s performance, and if he or she is entering into a knowing and voluntary plea of guilty. If the defendant has an interpreter, the court will ascertain that the interpretation was accurate.
The court will ask the defendant if he or she understands the police by telling him or her that he or she is giving up the rights to plead not guilty and put the state to its proof. The court will also ask the defendant if he understands that he is giving up the right to testify and call his or her own witnesses. The court will ask the defendant if he understands that he has the right to a jury trial. The court will then have the defendant tell the court his or her understanding of the charges, the penalties, and any allegations of enhancements or priors. The court will then confirm with the defendant that there is no plea bargain.
Disposition in Civil Courts
The disposition for a civil case includes monetary damages and other forms of relief. Disposition can either be obtained through trial, including the judgment or verdict by the judge, or by settlement, including a binding agreement between the parties. As in criminal cases, the court will record the outcome of the case.
For the plaintiff, obtaining a disposition is the ultimate goal of the process. A favorable disposition may include judgment or verdict awarding money or other remedy sought in the lawsuit. Even though a defendant has not yet paid the settlement amount or satisfied the judgment, the plaintiff will include the amount on his or her balance sheet as a receivable and will then proceed to collect the funds. The plaintiff may spend money to file liens on properties or garnish the defendant’s wages to help satisfy the settlement amount.
For the defendant , a favorable outcome may prevent entry of a judgment or the granting of money damages. In many cases, the settlement or judgment entered will be used to satisfy other conflicting civil judgments or liens. For example, if two people file a lawsuit for the same thing, such as a car accident, a joint judgment will allow the defendant to satisfy the judgment with one payment, rather than making separate payments to two different plaintiffs. In some cases, courts also have the authority to order a defendant to perform work according to a set schedule or to provide some other form of appropriate relief.
Dispositions and Court Records
When a case comes to a conclusion, it is said to be "disposed of." Once disposed, the case (or portions thereof) are concluded and do not proceed any further. In a criminal case, the disposition can result in a conviction leading to a sentence; a dismissal of the case due to lack of evidence; or absolving the defendant of responsibility for the crime. The disposition represents the legal conclusion of an incident, regardless of whether the defendant is guilty, innocent, or somewhere in between.
How a case is disposed of will have a direct impact on your public criminal record. A dismissal, regardless of whether the dismissal was with or without prejudice, will not appear on your public record. A finding of not guilty, suspended adjudication, and pretrial diversion programs also will not appear on your public record. A conviction of a misdemeanor or felony will remain on your public record. If you have a misdemeanor conviction, you may qualify for non-disclosure. Non-disclosure is the process by which individuals convicted of certain misdemeanors and felonies may have their record sealed so that most individuals can no longer view the record through public resources. However, law enforcement agencies, child protective services, and certain government entities may still be able to view the conviction. With certain exceptions, you can start the process for non-disclosure only five years after you were released from supervision, including prison time, probation, parole, or other systems of supervision.
The Dispositional Role in Appeals
The appellate disposition of a case refers to the result of the court’s decision. When an appeal is filed, the appellate court’s role is to review the trial judge’s decision. During this review process, the appellate court may dispose of the case in one of several ways. A court will either affirm, reverse, modify, or remand a case. A total reversal of the case is not the only option in an appeal, although clients tend to expect the worst. In fact, the intermediate appellate court does not have to issue an outright reversal in favor of the appealing party, and can often also devise alternate solutions. It is rare that a court would outright dismiss a case. Dismissal is more common when there is too little information in the record or if it does not follow the appellate procedural timeline. An example would be a case that arrives at the appellate court with no order , judgment, or final disposition to review. More often, the court will remand the case back to the lower court for further review. Much of this type of action depends on the reason that the case is being appealed. For example, if the appeal concerns credibility determinations or trial evidence, the appellate court will usually remand the case to the lower court for further decisions. The disposition of a case is different from the decision itself. The decision indicates what the lower court judge found on a factual or legal issue. The disposition is how the appellate court’s decision is expressed.