What is a Plea in Abeyance?

Judge Listening to Attorney — Image by © Tim Pannell/Corbis

There are many different times of plea agreements that can be obtained in a criminal proceeding but the basic idea of a plea is that the Defendant pleads, guilty or no contest to the charges or the charges as amended to something else, and in exchange for that plea the prosecution agrees to dismiss/change some charges or agree to certain sentencing recommendations. A plea in abeyance however is a little bit different than every other time of plea however because the defendant’s guilty plea or conviction isn’t actually entered right away and may never be entered. Additionally, the greatest benefit of the plea in abeyance is that if the defendant is successful the charges plead to are eventually dismissed meaning a conviction does not go on his or her record. The basic structure of a plea in abeyance is you plead guilty to a charge, that plea is held in abeyance, or put on the back burner for a defined probationary period and if all the terms of the plea (i.e. fines, classes, community service, etc…) are completed by the end of the probationary period the case is dismissed and no conviction is entered

Getting a Plea in Abeyance in Your Case

One of the most important factors in whether or not you can get a plea in abeyance in your case is your criminal history. Most prosecutors in Utah see the plea in abeyance as something only for first time offenders, however, we have been successful in obtaining a plea in abeyance in cases where our clients did have a criminal history. If you are wondering if you could get a plea in abeyance in your case contact us today for a free consultation.

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Additionally there are minimum mandatory sentencing penalties for other drugs including synthetic drugs such as spice, pharmaceutical drugs, and date rape drugs, and other manufactured drugs.  If you are facing federal criminal charges for drug distribution, call us at 801.832.1200 for a free consultation with a Utah federal criminal defense lawyer.

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What is a Plea in Abeyance?

The first thing to know about a plea in abeyance is that it is a good thing, in most criminal cases it is actually the best possible outcome or the best likely outcome. While the world plea makes some people cringe because they don’t want to plead guilty the reality is that the process is set up to save time, money, and headaches as it provides for some certainty in a very uncertain system. When a defendant enters into a plea in abeyance they are exchanging their guilty plea with the prosecutor for certain terms. The guilty plea is held in abeyance for a set period, usually somewhere between 6 and 18 months, and then if all the terms are met the case is dismissed, the guilty plea is basically thrown away and the case does not go on your record. So the take away from a plea in abeyance is that you can end up with a clean record and it will look like this incident never happened.

Getting help Getting Your Plea in Abeyance

The most common cases that allow for a plea in abeyance are drug related cases that involve possession and paraphernalia, however, it is possible to get a plea in abeyance in other types of cases as well. If are being charged with a crime whether it be a violent crime or a drug crime then call Ogden Criminal Defense Lawyer today, we can help you try and get a plea agreement that will work for you and provide you with the outcome you deserve.

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Utah has very stringent laws concerning the sale, purchase, and use of alcoholic beverages by minors, which for purposes of alcohol includes anyone under the age of 21 years.  Specifically, Utah prohibits minors from purchasing alcoholic beverages, attempting to purchase alcohol, soliciting another to obtain alcohol on their behalf, possessing an alcoholic beverage, consuming alcohol, or have any measurable amount of alcohol in the blood.

Additionally, it is against the law for a minor or anyone else to misrepresent the age of the minor in order to obtain alcohol.  Using a fake idea or taking a minor to purchase alcohol can all result in jail time if convicted. If you are facing these charges call our Ogden defense lawyers can help you.

Losing Your Driver’s License

One of the worst consequences of being convicted of possessing, consuming, or purchasing alcohol as a minor is losing your driver’s license.  The first time a minor is convicted of illegal consumption or possession he will lose his license for 1 year.  The first suspension period can be reduced by as much as nine months if the minor takes an educational course.

If a minor is convicted of a second offense he will lose his license for another two years.  Even if a minor is arrested for illegal consumption or possession during the time his license is suspended for a previous illegal consumption or possession conviction and the Department of Public Safety finds out about it, his license can be suspended for another year during the time his case is pending.

Second convictions are especially troublesome because the suspension period can go beyond the time you are 21 years old.  For example, if you get your second conviction when you are 20 years old you will not get your license back until you are 22 years old.

Call Us to Find Out Your Options

Call one of our experienced Utah criminal defense attorneys to set up a consultation so that we can help you understand some of the options you may have to defend yourself against these serious charges.  Call us at 801.823.1200.

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