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What IS a Plea In Abeyance in Utah?

By | Criminal Defense | No Comments

 

A Plea in Abeyance (or PIA) is an agreement between the defendant and the prosecutor in a criminal case. It involves the defendant and prosecutor agreeing to specific terms that the defendant will complete in order to prevent the charges from going on their criminal record.

Once, the defendant and prosecutor have come up with an agreement, the judge holds the agreement in place until all the agreed upon terms are completed.

Typical PIA terms may include:Plea in Abeyance in courtroom showing judge box with gavel.

  • – Paying a fine
  • – Completing some kind of community service
  • – Taking classes relevant to your charges
  • – Completing an evaluation and/or a treatment relevant to your charges

A Plea in Abeyance’s terms is usually a combination of the two or three terms listed above. However, it is rarely just one of the terms.

The pleas for any given charge will also vary person-to-person and county-to-county. An  PIA agreement for  someone in one county may differ from the agreement given to someone in another county. However, many PIAs are held for at least 6 to 12 months.

 

Is a PIA a conviction?

 

No. A PIA does not go on your record like a flat-out guilty plea does. It allows the judge to dismiss your charges once you’ve completed your end of the agreement.

Getting a Plea in Abeyance is similar to getting a speeding ticket and then going to traffic school in order to keep the ticket from going on your driving record.

 

Can I expunge a PIA?

 

Yes. Read our information about expungements here.

Click here, to read the official definition of a Plea in Abeyance in Utah.

This kind of plea deal is one of the most ideal outcomes other than a case dismissal. Hiring an attorney is the best way to go if you want to get a deal like a Plea in Abeyance.

Call us today (801) 990-4200

Revenge Porn: Not a Good (or Legal) Holiday Gift

By | Criminal Defense | One Comment

So you have these pictures of your ex . . . you know the ones.  Now that the good times are over, you’re wondering what you can do with them.  It would be so satisfying to indulge that human urge for revenge by forwarding them to a few choice associates.  Or maybe even posting them online for the benefit of a larger audience. What happens if you distribute those intimate photos? Is it considered Revenge Porn? The short legal answer is that your best choice is to suck it up and keep them to yourself. Read More

Don’t even think about getting to 2nd base without a signed, notarized consent form.

By | Criminal Defense | No Comments

‘No’ means ‘No!’ — but what means ‘yes’?

When I was in my law school criminal law class and we were talking about rape, the professor asked, “Where is the line between consent and lack of consent? Does a female actually have to say ‘yes, I agree to have sex with you?’ Or is it consent as long as she doesn’t say ‘no!’? Read More

Citizen’s Arrests in Utah

By | Criminal Defense | No Comments

I’m not a police officer – could I actually arrest someone?

Usually when I think of a citizen’s arrest, I think about those bad movies or comedy skits where some unlikeable gomer (think Dwight Schrute) makes a citizen’s arrest and the arrestee resists and some sort of ridiculous interaction ensues.  And since bad movies were my source of information, I always thought that a citizen’s arrest was something that may have existed sometime in the past, but didn’t actually exist anymore….I was wrong. Read More