Utah Criminal Plea in Abeyences.
I WAS JUST CHARGED WITH A UTAH CRIME
WHAT IS A UTAH PLEA IN ABEYANCE?—CALL JAKE GUNTER
First time offender? Let Attorney Jacob Gunter help you get on the right track.
Utah Criminal Law.
Utah’s criminal codes are generally found in Title 76 and Title 77 of the Utah State Code. A great website most Utah lawyers use to view the updated Utah Code is located at http://le.utah.gov.
Utah’s Plea in Abeyance.
A Plea in Abeyance is Utah’s version of the first time offender program, or at least in special cases where the defendant is deserving of a chance to redeem himself after a probationary period.
The exact code provision can be found at Utah Code 77-2a-101 to 104.
Benefits of a Plea in Abeyance.
If you successfully complete all the court ordered terms of your probation period, your case will either be dismissed outright, or the charges will be substantially reduced. If your case is dismissed completely, which is the most used path, then you can apply for an expungement within 30 days of the dismissal.
What Criminal Offenses Qualify for a Plea in Abeyance?
Most Felonies and Misdemeanors are eligible hypothetically for a Plea in Abeyance, but often if the charge is severe, or has hideous facts, the prosecutor will not offer a Plea in Abeyance.
There are some statutory prohibitions against using a Plea in Abeyance: (1) No Plea in Abeyance for a DUI under 41-6a-502; and, (2) No Plea in Abeyance for a sex crime against a minor child under the age of 14.
Pleas in Abeyance are gifts from the prosecutors and courts and generally habitual offenders will not be offered these pleas, unless the prosecutor’s facts are so weak that the prosecutor just wants the case to go away.
What Can the Terms of Plea in Abeyance Be?
Terms of the probationary period can vary, and the statute outlines the left and right limits of a Plea in Abeyance probation period. By statute, the probationary period can’t be over 18 months, but in practice, generally 6-12 months is standard. The length of the probation period is negotiable, like many other terms of the plea and probation period.
Generally, you must pay all restitution or money owed to a crime victim before you can successfully discharge your probationary term and have the case dismissed without a conviction entering against. The same applies to ensure you pay all your court assessed fines because if you allow your fines to be sent to Utah State debt collection, you will never qualify for a dismissal under the Plea in Abeyance terms or for expungement later on.
CALL Attorney Jacob S. Gunter at (801) 373-6345 for a free criminal consultation regarding the criminal allegations against you.
