What is 586 Disposition in Pennsylvania?
I received an email from a potential client the other day who asked an interesting question. The question was about 586 Disposition. Without going into the details of the case, this person was asking if they could avoid prosecution and court costs via 586 Disposition. 586 Disposition is sometimes referred to as 586 Dismissal. 586 Disposition is when the prosecuting attorney agrees to withdraw the charges if restitution is paid in full. 586 Disposition will generally come up so long as the crime does not affect the public interest and it can be proven that there was no criminal intent. 586 Disposition is not always necessarily offered, but it can be requested for by your attorney. It’s not always the cheapest way to go, but you will avoid the charge. Also, the amount of restitution is predetermined, but there have been instances where your attorney can broker a deal with the prosecutor and still grant you the 586 Disposition.
To answer the question about court costs, it really depends. 586 Disposition does not say that the defendant in the case must pay court costs; however, it does say that an agreement must be made as to whom will pay the court costs. We have seen cases where the prosecution agrees to subtract court costs from the restitution; however, there are also cases where the judge will refuse the 586 Disposition if the defendant cannot or will not pay the court costs out of pocket.
Call with questions about 586 Disposition
Essentially, you’re taking the chance of paying a little more to have no charges on your record. This is an important conversation to have with your attorney if you think you are eligible for 586 Disposition. An experienced lawyer such as Gary Gerson can advise you on what course of action will be best for you. If you have any questions about 586 Disposition, contact the Law Offices of Gary E. Gerson today at 412-219-6875 .