How can I get a plea in abeyance in Utah?
A plea in abeyance can be one of the best possible outcomes in your
Utah criminal case. If you are able to successfully complete
the terms of a plea in abeyance agreement, you can have your charges
dismissed. Once your charges are dismissed, you may be
eligible for an
expungement.
If your charges have been expunged, it can be as though the
case never existed. Few outcomes in a criminal case could be
better.
The key question then, in a Utah criminal case, is how to get your plea
held in abeyance. Under Utah criminal law, there is only one
way to get a
plea
in abeyance - you have to convince the prosecutor to make
that offer. You cannot simply go in and "plead in abeyance."
Not even a judge can order a plea held in abeyance. The prosecutor has to agree to that resolution.
Most prosecutors consider a plea in abeyance to be an
exceptionally good offer. Such offers are not usually given
out freely. It can sometimes take an experienced and
determined
negotiator
to convince a prosecutor to make a plea in abeyance offer.
Prosecutors consider a number of different factors in determining
what kind of offer they may be willing to make. If your attorney can
expose flaws or potential problems in the prosecutor's case, putting
the prosecutor at a greater risk of losing at trial, the prosecutor may
be more willing to agree to a plea in abeyance. By presenting
mitigating information about you (e.g. a lack of prior criminal record,
engagement in productive activities such as school, participation in
counseling, or volunteer work in the community), your attorney may also
be able to convince the prosecutor that you deserve a break.
Each
case is different. There is no magic formula to obtaining a plea in
abeyance. Having an experienced criminal defense attorney on your side
can help give you the best chance of success in your case.
Finding a Plea in Abeyance Criminal Attorney in Utah
Stephen Howard is a
Utah
criminal defense attorney,
with extensive experience in the courtroom, including jury trials,
motion practice, and appeals. As an effective negotiator, he has been
able to obtain plea in abeyance offers for clients on first-degree
felony charges as well as a wide variety of other felony and
misdemeanor cases.
Based in Salt Lake City,
criminal defense attorney
Stephen Howard offers legal services to clients throughout the state.
If you are facing criminal prosecution in Utah, you need an
experienced
criminal lawyer on your
side. Mr. Howard's
record
of results includes not guilty verdicts, dismissals, and appellate reversals for some of the most serious charges on the books in Utah.
Contact us now to schedule
your initial consultation.