For many people facing criminal charges in Utah, a plea in abeyance offers a second chance to avoid a conviction. This legal option allows defendants to admit guilt or no contest to a charge while giving them an opportunity to meet specific court conditions that can ultimately dismiss the case.
The attorneys of Jardine Law Offices have been helping clients in Utah with criminal defense cases for years, utilizing many legal techniques such as a plea in abeyance to create a more favorable outcome.
Under Utah Code § 77-2a-1, a plea in abeyance is an agreement between a defendant, the prosecutor, and the court where a guilty or no contest plea is entered, but judgment and conviction are temporarily suspended. The plea is essentially held “in abeyance” for a period of time while the defendant fulfills certain terms set by the court.
If the defendant completes all conditions successfully, the case may be dismissed or reduced to a lesser charge. If not, the court can proceed to enter the plea as a conviction and impose sentencing.
This process helps eligible defendants avoid the long-term consequences of a conviction while demonstrating responsibility and compliance with court-ordered conditions.
Not every defendant in Utah is eligible for a plea in abeyance. Courts typically reserve this option for individuals facing lower-level charges who demonstrate accountability and a willingness to meet court-imposed conditions.
The purpose of this legal tool is to give defendants, often first-time offenders, a chance to avoid a permanent criminal conviction while still taking responsibility for their actions. Eligibility ultimately depends on the nature of the charge, your prior criminal history, and the discretion of the prosecutor and judge.
Plea in abeyance agreements are most often granted to first-time offenders facing misdemeanor charges, such as minor drug possession, theft, or simple assault. Felony cases may qualify in limited situations but generally require prosecutor approval.
During the abeyance period, defendants are typically required to comply with specific court conditions to remain eligible for dismissal or charge reduction. These conditions can range anywhere from simply avoiding new criminal defense charges to seeking counseling or other rehabilitation services imposed for the betterment of the defendant.
While conditions vary based on the case and the court’s discretion, they often include:
Failure to meet any of these conditions can lead to a revocation of the agreement and possible conviction.
A plea in abeyance offers many Utah defendants a chance to resolve a case without ending up with a criminal conviction, but it’s not entirely invisible. While it can keep a conviction off your record if successfully completed, the plea and related court filings may still appear temporarily during the abeyance period.
A successfully completed plea in abeyance does not result in a conviction under Utah law. Once the case is dismissed, you may be eligible to have the record expunged, helping to minimize its impact on your future.
Even while a plea in abeyance is pending, the charge may still appear on background checks. However, once dismissed and expunged, most employers and agencies will no longer see it, which makes it an important tool for protecting future opportunities.
If the conditions of the plea are not met, the court can revoke the abeyance and immediately proceed to sentencing based on the previously entered plea. This could result in fines, probation, or jail time depending on the severity of the charge.
Defendants who face potential revocation have the right to a hearing where they can explain their circumstances. Legal representation during this process is important to protecting your rights and seeking reinstatement or modification of the agreement.
Plea in abeyance agreements require careful negotiation and compliance. The attorneys at Jardine Law Offices have extensive experience working with Utah courts and prosecutors to secure fair plea arrangements to help you avoid a conviction and rebuild your life.
The firm’s team assists with:
If you have been charged with a crime in Utah and want to know whether you qualify for a plea in abeyance, contact Jardine Law Offices today for a free and confidential consultation. We are dedicated to giving our clients the best possible options to resolve your case with a more favorable outcome.
Contact us today at (801) 451-9555 to speak directly with an experienced Salt Lake City criminal defense attorney.
