In simple English, “abeyance” means to be in a state of temporary suspension. Legally, a plea in abeyance or a means that you can have your criminal charges dismissed by the prosecuting attorney if you agree to meet certain conditions. If you do meet these conditions, you will keep a conviction off of your record as well as avoid prison or jail time.
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In some cases, a plea in abeyance can lower the degree of the criminal offense that you face rather than resulting in the case being dismissed altogether. For example, a felony might be reduced to a misdemeanor or a misdemeanor may be reduced to a simple infraction. While a plea in abeyance for a felony might still entail jail time, this option does help you avoid getting a felony conviction on your record. Felony convictions can have life-altering effects, such as making it difficult to obtain certain jobs or preventing you from legally owning a gun. For this reason, speaking with a Utah criminal defense lawyer about a plea in abeyance that will reduce the felony that you face to a misdemeanor might be the best option.
In short, pleas in abeyance are used to help rehabilitate defendants and put them in the best position to avoid making similar mistakes going forward. Some courts in Utah will allow the court clerk to enter a plea in abeyance rather than making the defendant go in front of a judge for certain offenses.
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When you enter a plea of abeyance, you are agreeing to several conditions:
- You agree to plead either “no contest” or “guilty” to the charges that you face;
- You understand that your plea will be suspended for as much as one year;
- You agree to fulfill all of the conditions outlined in your plea in abeyance agreement;
- You understand that you will have the charges against you dismissed following this abeyance period, leaving no record of a conviction.
Note that, even after you fulfill the terms of your plea in abeyance agreement and have the charges against you dismissed, the record of the charges that you faced and the fact that you entered a plea in abeyance will still exist. You would need to seek to have the criminal records expunged in order to seal them.
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