Information About Pleas in Abeyances

Pleas in Abeyances: What Are They?

A plea in abeyance (PIA) is often a favorable resolution in Utah criminal cases. When you enter a PIA, the court postpones a conviction, allowing you to complete specific conditions like paying fines, attending classes, or staying out of trouble. If you successfully meet these requirements, the charges are dismissed, and no conviction is recorded for most purposes under Utah law.

While a PIA is generally a good deal, it’s essential to understand where it may still affect you. Attorney Jake Gunter, an experienced Utah criminal defense attorney, explains the nuances of pleas in abeyances and how they could impact your future.

Is a Plea in Abeyance a Criminal Conviction in Utah?

Answer: No, a plea in abeyance is typically not considered a criminal conviction under Utah law. However, there are important exceptions where a PIA might still be used against you.

Situations Where Pleas in Abeyances May Impact You

1. Immigration Consequences
   • Federal immigration laws do not recognize PIAs, meaning the underlying plea may still affect immigration status, including green card applications and deportation cases.
2. Discipline and Underlying Facts
   • Even if a PIA resolves your case, the facts of the underlying charge can still lead to disciplinary actions by employers or professional bodies. For example, a PIA for an intoxication charge might still result in job termination.
3. Professional Licenses
   • PIAs provide little protection for professionally licensed individuals, such as:
     • Teachers (State Board of Education).
     • Lawyers (Utah State Bar).
     • Healthcare professionals (Division of Professional Licensing).
   • Licensing bodies can take disciplinary actions based on the facts of your case, regardless of the PIA.
4. Out-of-State Treatment
   • How a PIA is treated in Utah may differ in other states. For instance, a Utah PIA might not affect your Utah driver’s license, but it could have licensing consequences under California or Idaho law.
5. Commercial Driver’s Licenses (CDLs)
   • For CDL holders, a PIA offers little benefit. Licensing agencies typically treat the underlying charge as if it were a conviction, impacting insurance rates and commercial driving privileges.
6. Future Sentencing
   • While a PIA avoids a formal conviction, prior PIAs can still be used against you in future criminal cases during sentencing.
7. Criminal Enhancements
   • Certain criminal enhancements count PIAs as prior convictions. For example, under Utah Code 77-36-1.1, PIAs for domestic violence can enhance future domestic violence charges.

Benefits of Pleas in Abeyances

Despite these limitations, PIAs remain a favorable option in many cases:

• No official conviction is recorded in most scenarios.
• Avoid the long-term consequences of a criminal record.
• Provides an opportunity to resolve charges without trial.
• Offers a pathway to expungement in many situations once conditions are met.

Why You Need an Experienced Attorney for Your Plea in Abeyance

While a PIA may seem straightforward, its implications can vary depending on your unique circumstances. Attorney Jake Gunter ensures that you:

• Understand the long-term impact of a PIA on your case.
• Negotiate the best terms for your PIA.
• Protect your professional licenses, immigration status, and future legal standing.

Call/Text Jake Gunter for a Free Consultation

If you’re considering a plea in abeyance, it’s crucial to understand how it might affect your life. Attorney Jake Gunter has nearly 20 years of experience helping Utah residents navigate the complexities of criminal law.

• Phone/Text: (801) 373-6345
• Free Consultations: Get expert advice before making decisions about your case.

Conclusion: Protect Your Future with a Plea in Abeyance

While pleas in abeyances offer significant advantages, they are not without potential consequences. Understanding how they apply to your case and future circumstances is essential. Contact Jake Gunter today to ensure you make the best possible decision for your situation.

Take the Next Step

Avoid unnecessary complications from your Utah criminal charges. Call Attorney Jake Gunter for a free consultation and start protecting your future today.

Learn More About Criminal Defense Lawyer Jake Gunter

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.