Deferred Disposition Allowed for Defendants with Autism or Intellectual Disability

In Virginia, there are limited circumstances where a defendant can get what is known as a deferred disposition. A deferred disposition occurs when a judge finds that the facts are sufficient to find a defendant guilty of a charge, but the judge chooses to continue the case for a period of time without a finding of guilt. If the defendant completes certain criteria set by the judge within the specified time frame, the judge may dismiss the case. So there is no criminal conviction, however, the arrest for the charge remains on the person’s record and cannot be expunged. Recently, the General Assembly voted to allow judges to defer dispositions of persons who have autism or an intellectual disability when the action constituting the criminal offense was caused by or had a direct and substantial relationship to the person’s disorder or disability. If you or a loved one has been charged with an offense, a Whitestone Young attorney can assist in making the best decision moving forward in your case. (SB133)