A Plea in Abeyance in Utah is a certain plea agreement in which the court holds a guilty or no contest plea “in abeyance” for an agreed period of time, (typically at least 12 months), and assuming certain probationary terms are met during that time, the Defendant is not convicted of the crime. This means the court accepts your guilty plea but does not enter it during that time and rather the charges are dismissed following the term and successful completion of the agreed terms. This may be considered a very good resolution to a case depending on the particular circumstances involved.
Qualifications for a Plea in Abeyance
Not everyone may qualify for a plea in abeyance. Individuals with a prior criminal history are typically not given these types of offers by the prosecution. Additionally, there are certain crimes in Utah in which an individual, just by the nature of the crime, would not qualify for a plea in abeyance even absent a prior criminal history. Also, it is more typical for prosecutors to offer plea in abeyance agreements in cases not involving violence or serious injury to others or serious felony matters. To find out if you might qualify for a plea in abeyance, call and speak with one of our Salt Lake Criminal Defense Lawyers right now.
Hiring a Utah Criminal Defense Attorney
Having a Utah Criminal Defense Attorney represent you in the process of seeking a plea in abeyance is advisable. Plea in Abeyance agreements can be complicated and it is important to fully understand the terms involved. Violating the terms of your plea agreement can result in the judge revoking your plea and entering a harsh sentence against you. Thus, you can never be too careful, no matter what the charges you face, to ensure you enter your agreement with full knowledge of what may be expected. For instance, often taking a certain class may be part of a plea in abeyance agreement but many people may not realize they have to file certain certificates or proof with the court to demonstrate their compliance. The types of deals on drug related offenses like marijuana often come with terms requiring the individual to submit to drug tests and reporting requirement. Whatever your particular case may be, we can help. Call us today to get started on your defense. We can answer your questions and tell you what we think about the potential for a plea in abeyance or other acceptable outcome for your particular situation.
Plea in Abeyance and Expungement
It is important to note that just because you receive a plea in abeyance agreement doesn’t mean a record will not exist showing you were charged. While a background check would likely show you were not convicted and the charges were ultimately dismissed (assuming you completed all necessary terms), it is still a good idea to expunge the record entirely. You may be eligible to expunge the record quickly following completion and dismissal of your charges. For more information, call Salcido Law Firm at 801.618.1334.