Utah Criminal Defense Lawyer - Plea in Abeyance Attorney
A Utah plea in
abeyance agreement can give you the opportunity to have your case
dismissed
without taking the risks involved in a jury trial.
Utah
criminal defense attorney
Stephen Howard has successfully negotiated plea in abeyance agreements
in cases ranging from first-degree
felonies
to less serious
misdemeanor
charges. He is also an experienced criminal
trial
attorney in cases ranging from murder to misdemeanors. He has the
experience
to help protect your rights whether you want to resolve your case or
take it "all the way" to trial.
Contact us today to arrange
for an initial consultation.
Getting a Plea in Abeyance in Utah
The only way to obtain a plea in abeyance is through
negotiations
with the prosecuting attorney. Under Utah law, not even a judge can
order that a plea be held in abeyance if the prosecuting attorney does
not agree with that resolution.
In order to convince a prosecutor that you deserve to have your plea
held in abeyance, it is may be helpful to expose flaws or problems in
the prosecution's case. But doing so may also put you at a disadvantage
if you end up taking your case to trial. An experienced criminal trial
lawyer can help you understand the risks involved in disclosing
strategic information during plea negotiations, and determine what
information can safely be discussed with the prosecutor.
A prosecuting attorney may also consider, in determining
whether to offer a plea in abeyance agreement, the various mitigating
information that your attorney can present on your behalf. This
information can include a lack of prior criminal history,
rehabilitative steps that you have taken since the alleged offense
occurred (such as participation in treatment), character information,
education, employment, and other relevant factors.
Prosecutors also consider the severity of the offense involved. The
more serious the charge, the less likely a prosecuting attorney will be
to agree to offer a plea in abeyance.
How a Utah Plea in Abeyance Works
A plea in abeyance is an agreement whereby,
if you comply with certain conditions given by the court, the criminal
case against you will be dismissed. Once the case is
dismissed,
you will normally be eligible to begin the
expungement
process after 30 days.
The benefits of having your plea held in abeyance offer are
substantial.
But there are risks as well. Before accepting any plea in abeyance
offer, you should consult with an experienced criminal defense lawyer
to ensure that you understand your rights and that a plea in abeyance
really is the best way to resolve your case.
As
part of the plea in abeyance agreement, you must plead guilty (or
sometimes a no
contest plea). That plea is not "entered" as a conviction.
Instead, the charges will be treated as a pending case during the
abeyance period. (Note, however, that there are a few limited
circumstances - such as federal immigration law - where a plea in
abeyance is treated as a conviction.) If you follow through with the
conditions of the the court, the
case will be dismissed.
If you fail to meet the required conditions or are accused of
committing new crimes during the abeyance period, that plea can be
entered and become a conviction. Once convicted, you can
be sentenced to jail or prison just as if you had been
convicted at trial or had entered an ordinary plea.
When negotiating
a case, your attorney may be able to convince the prosecutor to reduce
the charges as part of the negotiated resolution. But if the
offer involves holding the plea in abeyance, many Utah
prosecutors will require
that the plea be entered "as charged." If you follow through
with the terms of the plea in abeyance agreement, the level of the
charge is less important since the case will ultimately be be
dismissed. But if
you
don't follow through, you can be punished even more severely if the
charge was not reduced.
When considering whether to accept a
plea in abeyance offer, seriously and honestly ask yourself whether you
can and will follow through with it. If you do not think you
will
follow through, you may be better off taking a standard offer on a
lower charge. But if you intend to follow through, a plea in
abeyance agreement gives you a chance to keep a conviction off your
record.
Finding a Criminal Lawyer in Salt Lake City, Utah
Stephen Howard is an experienced Utah
criminal
defense lawyer. Based in Salt Lake City, he provides defense
services to clients throughout Utah. His record of success includes
dismissals, not guilty verdicts, and appellate reversals in some of the
most serious criminal charges on the books in Utah. He has also
negotiated plea in abeyance agreements for clients facing serious
felony charges as well as a variety of misdemeanor offenses.
Contact us today to
arrange for an initial consultation and case analysis with Utah
criminal lawyer Stephen Howard.