Salt Lake Plea in Abeyance Attorney - Utah Criminal Lawyer
Criminal courts in Salt Lake may accept a
plea in abeyance as a
complete resolution of a criminal case. A plea in abeyance may allow
you to obtain a dismissal of the criminal charges against you, without
the risks that may involved in taking a criminal case to
trial. If you
are facing criminal charges in Salt Lake, you should consider whether a
plea in abeyance is an option that may be available to you. As an
experienced Utah
criminal defense attorney, Stephen Howard has obtained
plea in abeyance agreements for clients facing prosecution for charges
ranging from first-degree
felonies to lesser
misdemeanors. He has a
track record of achieving real results.
Contact us today to schedule an
initial consultation.
How to Get a Plea in Abeyance in Utah
Obtaining a plea in abeyance requires successful
negotiations with the
prosecutor. A judge cannot order a plea to be held in abeyance unless
an agreement is first reached between the prosecuting attorney and the
defense.
Prosecutors consider a number of factors in determining whether a plea
in abeyance agreement is appropriate. A prosecuting attorney may
consider the defendant's prior criminal record (or lack thereof), the
seriousness of the allegations involved in the present case, the
defendant's past or current involvement in treatment or counseling, the
defendant's educational progress or employment experience, as well as
the various strengths and weakness of the legal case on which the
current charges are based. An experienced criminal defense attorney can
help expose problems with the prosecutor's case and may also help you
present mitigating circumstances in a light most favorable to obtaining
a plea in abeyance offer.
If you are considering seeking a plea in abeyance in a Utah criminal
case, you should consult with a criminal lawyer to ensure that you
understand the risks involved in accepting a plea in abeyance. An
experienced criminal defense lawyer may also help give you the best
chance at obtaining a plea in abeyance.
How a Plea in Abeyance Works in Salt Lake
Compliance with a Utah plea in abeyance typically results in the
dismissal of all charges. Failure to comply with the plea in abeyance
conditions agreement can result in a criminal conviction as well as a
jail or prison sentence.
When a plea is held in abeyance, the court will order compliance with
certain conditions (similar in many ways to conditions of probation).
Typical conditions may include the payment of court fees, completion of
counseling, drug testing, payment of restitution, or community service.
Almost without exception, a plea in abeyance agreement will require
that the defendant not commit any further criminal violations of the
law (minor traffic offenses excepted).
Before accepting a plea in abeyance offer, it is important to make an
honest assessment of your ability and desire to comply with the
required conditions. If drug testing or counseling is a condition of
the plea in abeyance, but you do not want to stop using drugs, a plea
in abeyance may not be the best resolution for your case. If
restitution is substantial in your case and you do not have the
financial resources to pay the required amount, you may find yourself
in violation of the plea in abeyance terms and facing possible
conviction.
You should consult with an experienced criminal defense lawyer before
accepting any plea in abeyance offer, to ensure that you understand
your rights and to ensure that the plea in abeyance is the best
resolution for your case.
Expunging a Criminal Case Following a Plea in Abeyance
In many instances, a plea in abeyance may substantially speed up the
expungement
process. For most Utah criminal charges, you will need to
wait between three and seven years following the completion of
probation, jail, or prison before you can begin the expungement
process. But once a case is dismissed under a plea in abeyance
agreement, you should be eligible to begin the expungement process only
30 days after the dismissal is entered.
Choosing a Utah Criminal Lawyer in Salt Lake City
Based in Salt Lake City,
criminal defense lawyer Stephen Howard has
extensive
experience defending
felony and
misdemeanor cases in Utah. He
has achieved plea in abeyance resolutions for clients facing charges
ranging from the misdemeanor level to the first-degree felony
level. He has also achieved not guilty verdicts, dismissals, and
appellate reversals in some of the most serious criminal charges on the
books in Utah.
Each case is different. But having an experienced Utah criminal defense
attorney on your side can help give you the
best chance of success.
Contact us today to schedule an initial consultation.