Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409. We fight to protect your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

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.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • Utah Expungement Lawyer Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Violent Crimes Assalt Defense UtahProbation - Client charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

Consequences »
Criminal Defense Attorney in Utah - Reasons to Hope

Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.