Utah Plea in "Obeyance" (Plea in Abeyance)
The term "plea in obeyance" or "plea of obeyance" is sometimes heard in
Utah courts. But you
will almost never hear a judge or attorney use this term. Why? Because
when this term is used, it is usually based on a misunderstanding of the correct legal term - "abeyance."
A
plea
in abeyance agreement can be one of the best potential
outcomes for many people facing criminal prosecution in Utah. An
abeyance agreement can result in a complete dismissal of all charges in
the case, and can speed up the
expungement
process significantly.
An
experienced criminal
defense attorney can help give you the best chance of having your plea
held in abeyance. Based in Salt Lake City,
criminal
lawyer Stephen Howard has assisted clients obtain plea in
abeyance offers in cases ranging from the first-degree
felony
level to lesser
misdemeanors.
Contact us today to
see how he can help you.
Where does the term "plea in obeyance" come from?
This mispronunciation of the term "abeyance" is actually a fairly
understandable mistake.
As a condition of an "abeyance" agreement, the court will require
compliance with certain terms and conditions (e.g., community service,
a court fee, or counseling). If those terms are met, then the plea will
be withdrawn and the case dismissed.
In other words, a court may require "obeyance" as a condition of an
"abeyance" agreement. Since the term "abeyance" is rarely used outside
of the criminal court system, it is understandable that a person who is
not familiar with the term would think the judge was requiring
"obeyance" rather than ordering an "abeyance."
How do I get a plea in abeyance in Utah?
In order to have your plea held in abeyance, you must convince the
prosecutor to agree with that request. Even a judge does not have
authority to order a plea held in abeyance without the prosecutor's
consent. A plea in abeyance can only be reached as part of a
negotiated
resolution.
Finding a Criminal Lawyer in Salt Lake City, Utah
Based in Salt Lake City,
criminal defense attorney
Stephen Howard provides legal services to clients throughout Utah. His
track record includes
dismissals, not guilty verdicts, and appellate reversals in some of the
most serious criminal charges on the books in Utah. He has successfully
negotiated plea in abeyance agreements for cases ranging from
first-degree felony to lesser misdemeanor charges.
Contact us today to
arrange for an initial consultation with
Utah
criminal lawyer Stephen Howard.
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