Davis County Pleas in
Abeyance - Farmington Criminal Lawyer
When a
plea
is held in abeyance in a Utah criminal case, it is not
considered to be a conviction. However, during the
"abeyance" period, the case is still considered to be an open and
pending criminal case. Upon completion of all terms of the
plea in abeyance agreement, the case can be dismissed. In
many courts, the dismissal does not happen automatically; the defendant
must make a motion to the court asking to have the case dismissed.
Stephen Howard is an experienced
criminal
defense lawyer, based in Salt Lake City and helping clients
in Davis County and throughout Utah. He has successfully
handled thousands of serious criminal charges during his career - more
than most Utah attorneys will see in their entire careers. His
track record
includes successfully negotiating pleas in abeyance for firearms
charges, drug cases, alcohol charges, theft, and more.
A plea in abeyance offers a number of benefits in a criminal case. But completely clearing your record can require some
additional steps. After the case is dismissed, it does not
automatically disappear from
your record. The criminal charges will continue to show on
your record until you have the arrest and charges
expunged.
Although it will not show as a conviction, your record will
still indicate the arrest and the fact that a plea in abeyance
agreement was entered into. Once the case is dismissed,
you will typically be eligible for an expungement after only 30 days.
(This is much shorter than the waiting period for expunging a
conviction, which can range from 3 to 10 years, and sometimes even
longer.)
If a person fails to follow through with the terms of the plea in
abeyance agreement, then an order to show cause can be held by the
court. If the defendant is found to have violated the terms
of the agreement, then the court can enter the plea as a criminal
conviction and sentence the defendant as if there had been an ordinary
guilty plea.
So the question of whether a plea in abeyance will show up on a
criminal background check depends on the status of your case. Many criminal background checks are only looking for
convictions. A successful plea in abeyance does keep a
conviction off your record. But you will still need to file
for an expungement if you want the arrest and dismissal removed from
your record.
Although a plea in abeyance has advantages, there are risks involved in
accepting any offer. If you are facing criminal charges in
Davis County or anywhere in Utah,
contact
Stephen Howard now to schedule an initial consultation. Speaking with an experienced
criminal defense lawyer
can help you determine the best way to handle your criminal case.

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
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