What is Plea in Abeyance?

A plea in abeyance is a legal option available in criminal court proceedings in Utah that allows a defendant to avoid having a conviction on their record if they fulfill certain conditions set by the court. This alternative resolution method is typically offered by a prosecutor to first-time offenders or those with minor offenses. Here's a brief overview of how it works:

1. Agreement: The defendant enters into an agreement with the prosecution, often as part of a plea bargain, to plead guilty or no contest to the charges. In exchange, the court agrees not to enter the conviction immediately and instead holds the plea in abeyance.

2. Court Approval: The plea in abeyance agreement must be approved by the court. If the judge agrees to the terms, the defendant's plea is accepted but not entered as a conviction.

3. Conditions: The court will set specific conditions that the defendant must meet during the abeyance period. These conditions may include probation, community service, substance abuse treatment, restitution, or other requirements tailored to the circumstances of the case.

4. Abeyance Period: The agreement will specify a duration for the abeyance period, typically ranging from six months to several years. During this time, the defendant must fulfill all the court-imposed conditions and stay out of legal trouble.

5. Completion of Conditions: If the defendant successfully completes all conditions and stays out of legal trouble during the abeyance period, the court will dismiss the charges, and the defendant will not have a conviction on their record.

6. Failure to Comply: If the defendant fails to meet the conditions or commits a new crime during the abeyance period, the court may enter the guilty or no contest plea as a conviction, and the defendant will be sentenced accordingly. This may result in fines, jail time, or other penalties as determined by the judge.

A plea in abeyance offer from the prosecutor might look something like the following example:

Plea guilty to Count 1 "[name of crime]" and Count 2 "[name of crime]." Pleas to both counts to be held in abeyance for a period of 12 months. Conditions of the plea in abeyance are that the defendant pay a $500 fee, complete a "Thinking Errors" course, and have no new law violations (excluding minor traffic violations).

In the above example, the person entering the guilty pleas would need to (1) pay a $500 fee, (2) provide proof to the court of a "Thinking Errors" course, and (3) commit no new violations starting from the date the plea in abeyance agreement is entered with the court.

It is essential for defendants considering a plea in abeyance to consult with a qualified attorney to discuss the potential advantages and disadvantages of this option, as well as any potential implications on their criminal record and future opportunities.