A Plea in Abeyance - The Pros and Cons

A Plea in Abeyance - The Pros and Cons

Did you know that you can prevent a criminal conviction from appearing on your record in the state of Utah? This is made possible by the Utah Code of Judicial Administration, section 4-704 which grants court clerks authority to accept a plea in abeyance.

Does this sound too good to be true? Yes, it does, but many people have actually taken this plea without knowing it. A common example is avoiding points from going on your record by going to traffic school after getting a speeding ticket. As beneficial as this deal is, it does have consequences that are worth looking into before jumping in.

How does a plea in abeyance works?

First the defendant has to admit that they are at fault by entering a plea of no contest or guilty. Instead of being sentenced soonest possible,the sentencing is postponed for up to a year or longer during which the plea is held in abeyance until after the guilty party meets certain conditions. These conditions are usually accompanied with a plea in abeyance fee collection.

The conditions can include not being involved in a crime in a given time period, doing community service, undergoing treatment or taking classes. If the conditions are successfully met, the case will be dismissed.

Generally, prosecutors offer such pleas as a limited one-time offer on the very first court date.

The pros The major benefit of this plea is case dismissal after a given period of time hence no criminal record. Such a benefit makes a plea in abeyance a great way of keeping one’s record clean which comes in handy in all aspects of one’s life.

The cons A person who has opted for this plea will have no right to a trial if they do not comply with the terms agreed upon and they will be sentenced with a final conviction. Even if they are out of state, the sentencing will occur in their absence and a warrant will be issued. The plea in abeyance agreement simply becomes null.

Not all crimes are eligible for a plea in abeyance such as a DUI (Driving Under the Influence of a substance). There is no dismissal for these cases.Remember you have to plead guilty at first and as much as the court will understand that this is not a conviction, other people might not.

Even after the charges have been dismissed, a record of the charges that you faced will continue to exist together with the fact that you entered a plea in abeyance unless you seal off those record from the public by having them expunged.For a non-citizen, this plea will affect your immigration status. Carefully think it through and consult with an attorney before entering a plea and abeyance agreement.

Not sure where and how to get a qualified attorney for your case? Here we specialize in multiple crimes and have represented thousands of clients in Utah with responsive, reliable lawyers.