A plea in abeyance is a special type of plea agreement. If you enter a guilty or no-contest plea, the court holds it back. If you successfully complete a period of probation, the charges are dismissed, or perhaps reduced to something less serious.
This article provides you with a rundown of how a plea of abeyance works. It also covers the potential benefits and things you need to consider.
Because plea agreements can be complicated, it’s best to speak with an attorney about your options. An attorney can help you understand if a plea in abeyance makes sense for you.
What is a plea in abeyance?
A plea in abeyance is an agreement that lets you plead guilty or no contest without an immediate conviction. If you meet the terms of the agreement, the charges are dismissed. If you don’t, the guilty plea is entered, and you face the original charges.
Here are a few key terms you should know:
- Guilty plea: A formal admission of guilt in court.
- No contest plea: A plea where you don’t admit guilt but accept the consequences.
- Probation: A period of supervision by the court.
How does a plea in abeyance agreement work?
To be valid, a plea in abeyance agreement must be signed by you, your attorney, and the prosecuting attorney. Prosecutors have the discretion to approve plea in abeyance agreements on a case by case basis. Your criminal history and the nature of the charges against you can affect whether a prosecutor approves the agreement.
Plea in Abeyance vs. a Regular Guilty Plea
So, how is a plea in abeyance different from just pleading guilty?
- No immediate conviction. Unlike a regular guilty plea, a plea in abeyance doesn’t mean you’re immediately convicted of the crime.
- Certainty of outcome. If you successfully complete the terms of your agreement, you know the charges will be dismissed. With a regular guilty plea, sentencing is still up to the judge.
- Expungement opportunities. A plea in abeyance often allows you to expunge the charge immediately after the case is dismissed. With a regular plea, you usually have to wait a certain amount of time (like three years) before you can even apply for expungement.
Essentially, a plea in abeyance gives you a chance to keep your record clean if you follow the rules.
What are the terms and conditions of a plea in abeyance?
If you’re offered a plea in abeyance, it’s important to understand what you’ll be expected to do.
Common conditions
The conditions of a plea in abeyance can vary, but some common conditions are:
- No new violations of the law
- Payment of fees and fines
- Completion of community service hours
- Attendance at required classes
Duration of probation
For misdemeanors, the term of probation is usually 12 months, but it can be longer than 18 months in some cases. For felonies, the probationary period can last up to three years.
Example scenario
Imagine a situation in Utah where a person is charged with disorderly conduct and domestic violence. The person might be offered a plea in abeyance if they agree to attend anger management classes, complete community service, and stay out of trouble for a specified period.
What happens if you violate the terms of a plea of abeyance?
If you don’t meet the requirements of your plea of abeyance, you’ll face some serious consequences:
- Your guilty plea will be filed automatically.
- You’ll face a regular conviction and sentencing, just as if you hadn’t entered into the agreement.
That’s why it’s crucial to comply with every term of your plea agreement. Strive for substantial compliance, as even minor violations can lead to these outcomes.
Who is eligible for a plea of abeyance?
In general, eligibility for a plea of abeyance depends on your prior criminal history. If you have a minimal criminal record, you’re much more likely to be offered a plea of abeyance.
However, if you’ve been charged with a violent crime or a crime that resulted in serious injury to another person, you’re less likely to be eligible.
Some offenses, such as drunk driving and sex crimes involving minors, are often specifically excluded from plea in abeyance agreements. In some jurisdictions, a DUI charge automatically makes you ineligible.
Frequently Asked Questions
How much is a plea in abeyance fee in Utah?
The fee for a plea in abeyance in Utah can vary depending on the court and the specific offense. It’s best to contact the court clerk in the jurisdiction handling your case for the most accurate and up-to-date information on associated fees.
What does it mean when a case is in abeyance?
When a case is in abeyance, it means that legal proceedings are temporarily suspended or held in a state of postponement. Further action is put on hold, often pending the fulfillment of certain conditions by the defendant.
What does it mean to plea in abeyance?
To plea in abeyance means to enter a guilty or no contest plea with the understanding that the conviction will be held back or “abeyed” if the defendant successfully completes certain requirements set by the court, such as community service, counseling, or remaining law-abiding for a specified period.
Does a plea in abeyance show on your record?
Initially, a plea in abeyance will appear on your record. However, if you successfully complete the terms of the agreement, the charge may be dismissed, and the record may be cleared, depending on the specific terms of the plea agreement and the laws of the jurisdiction.
In Closing
A plea in abeyance gives you the chance to avoid a conviction and keep your record clean. If you’re facing criminal charges, it’s definitely worth exploring.
To understand whether a plea in abeyance is the right option for you and to navigate the legal process, you really need to talk to an attorney.