Ever heard of a “Plea in Abeyance?” It’s basically a pause button on criminal charges. You, as the defendant, agree to certain terms set by the court, and the case is put on hold.
The upside? If you successfully complete all the requirements of the agreement, the charges can be dismissed altogether. This means you avoid a criminal conviction on your record, which can be a huge relief.
This article will give you a rundown of what a plea in abeyance is all about. We’ll cover who’s eligible, how the process works, and what the implications are, especially here in Utah, where this type of agreement is fairly common.
What is a Plea in Abeyance?
A plea in abeyance is an agreement between you (the defendant) and the prosecutor, and it’s something the judge can’t order without the prosecutor’s OK. Here’s how it works:
- You plead guilty or no contest, but that plea is held in suspension. It’s not put into effect right away.
- If you successfully complete the terms of the agreement, the charges against you may be dismissed. Those terms might include things like community service, counseling, or just keeping your nose clean and staying out of trouble.
Plea in Abeyance vs. Regular Guilty Plea
The big difference between a plea in abeyance and a regular guilty plea is how certain you can be about the outcome.
A plea in abeyance means you’ve negotiated an outcome ahead of time. A guilty plea means you’re leaving your sentencing completely up to the judge.
Also, a plea in abeyance means you avoid a conviction altogether as long as you meet the terms of the agreement. A regular guilty plea means you’ll be convicted and the crime will go on your criminal record.
Who is eligible for a plea in abeyance?
Generally, plea in abeyance agreements are reserved for people with little or no history of criminal offenses. They’re often used in cases where someone is facing their first criminal charge.
However, they’re usually not available if you’ve been accused of a violent crime or an offense that resulted in serious injury to another person. Also, some specific offenses, such as a sexual offense against a minor, will likely disqualify you from receiving a plea in abeyance.
Specific exclusions in Utah
In Utah, you usually can’t get a plea in abeyance if you’ve been charged with driving under the influence (DUI). You also can’t get a plea in abeyance if you and the prosecutor can’t agree on the terms.
To find out if you’re eligible, check the Utah Uniform Fine/Bail Schedule. If you look at your citation and see a “Man Appr” column, you can ask the court clerk whether a plea in abeyance is possible in your case.
What the prosecutor considers
When prosecutors are deciding whether to offer a plea in abeyance, they’ll look at a number of things, including the strength of the evidence against you, any mitigating circumstances surrounding the offense, and whether you’re willing to accept responsibility for what happened.
What’s the plea in abeyance process?
A plea in abeyance isn’t automatic. Here’s how the process generally works:
Negotiation and agreement
First, your defense attorney will work with the prosecutor to negotiate the terms of the plea in abeyance. A skilled attorney can sometimes negotiate favorable terms that make it easier for you to successfully complete the abeyance.
The agreement will spell out exactly what you have to do to satisfy the terms of the abeyance. These conditions often include things like probation, community service, or counseling sessions.
Compliance and monitoring
After the agreement is signed, you’ll have to adhere strictly to its terms. Most probationary periods last from one to three years.
If you don’t comply with the terms, the agreement can be terminated. If that happens, you could be convicted and sentenced based on the original charges.
Successful completion
If you successfully complete all the terms of the agreement, the charges against you will be dismissed. That means you won’t have a criminal conviction on your record.
Expungement After a Plea in Abeyance
One of the best things about successfully completing a plea in abeyance is that you may be able to get the arrest and charges removed from your record.
Why is expungement so important?
Expungement essentially erases the record of the charges from public view. This can be critical when you’re applying for a job or trying to rent an apartment.
Because you’ve successfully completed the terms of your plea in abeyance agreement, you can avoid having a criminal conviction on your record.
The expungement process in Utah
Once you’ve successfully completed your plea in abeyance, the case will be dismissed. At that point, you can apply to have the record expunged. Utah law requires you to wait 30 days before you apply.
You’ll submit your application to the Bureau of Criminal Identification (BCI). Be patient, because the expungement process can take several months.
How does this differ from expunging a regular conviction?
Expunging a case after a plea in abeyance is usually faster and easier than expunging a conviction. With a regular conviction, you may have to wait anywhere from 3 to 10 years before you can even apply for expungement.
Rights Waived and Potential Risks
When you agree to a plea in abeyance, you’re typically giving up some of your rights. These usually include your right to a speedy trial and your right to appeal. Here’s what else you should know:
Risks of Non-Compliance
If you don’t follow the rules, the court can end the agreement. The original charges come back, and you could be convicted and face penalties.
Talk to a Lawyer
Before you agree to anything, make sure you understand all the terms and what happens if you mess up. A qualified attorney can help you make the right choice.
Frequently Asked Questions
What does it mean to plea in abeyance?
A plea in abeyance is an agreement with the court where you plead guilty or no contest, but the court doesn’t immediately enter a conviction. Instead, the case is held “in abeyance,” meaning it’s temporarily suspended. If you successfully complete the terms of the agreement (like paying fines, attending classes, or staying out of trouble), the charge is dismissed from your record.
What does it mean when a case is in abeyance?
When a case is in abeyance, it means the legal proceedings are temporarily paused or suspended. The case is essentially on hold, pending the fulfillment of certain conditions or the occurrence of a specific event. In the context of a plea in abeyance, it’s paused while you complete the terms of your agreement.
How much is a plea in abeyance fee in Utah?
The fee for a plea in abeyance in Utah can vary depending on the court and the specific circumstances of your case. It typically ranges from a few hundred dollars to potentially over a thousand. The amount is determined by the judge and often takes into account the severity of the offense and your ability to pay. It’s best to check with the court clerk in your specific jurisdiction for the most accurate information on fees.
Closing Thoughts
A plea in abeyance offers a tremendous opportunity to avoid the lasting consequences of a criminal conviction. By successfully completing the court’s requirements, you can have the charges dismissed and the records expunged, giving you a fresh start.
Navigating the legal system can be tricky, so it’s essential to have a skilled Utah criminal defense attorney in your corner. A good lawyer can help you determine if a plea in abeyance is right for you, negotiate favorable terms with the prosecutor, and ensure your rights are protected throughout the process.
A plea in abeyance can be a second chance, giving you the opportunity to move forward without the weight of a criminal record hanging over you – provided you meet all the conditions set by the court.