Most Utah lawyers and clients think of a Plea in Abeyance (PIA) as a path to dismissal. That is certainly the most common use of Utah's Plea in Abeyance statute. However, there is another powerful and often overlooked use of the statute: reducing the degree of a criminal offense.
In the right case, a third-degree felony may be reduced to a misdemeanor after successful completion of a Plea in Abeyance agreement. While the case may not ultimately be dismissed, avoiding a felony conviction can dramatically improve a defendant's future opportunities.
What Is a Plea in Abeyance?
Under Utah Code § 77-2a-1, a Plea in Abeyance is an agreement in which a defendant enters a guilty plea or no-contest plea, but the court does not immediately enter a conviction or impose a sentence.
Instead, the defendant agrees to complete specific conditions. If those conditions are successfully completed, the case is resolved according to the terms negotiated by the parties.
Common conditions may include:
- Paying fines and fees
- Completing community service
- Attending treatment or educational programs
- Remaining law-abiding during the abeyance period
- Complying with other court-ordered requirements
The Most Common Use: Dismissal Pleas in Abeyance
Most Pleas in Abeyance are structured to result in dismissal after successful completion of probationary conditions.
The primary advantage of a dismissal-based Plea in Abeyance is that the defendant avoids a conviction altogether. Once the case is dismissed, the individual may become eligible for expungement sooner than would typically be possible following a conviction.
For many defendants, a dismissal-based PIA represents the best possible negotiated outcome short of having charges dismissed outright.
The Lesser-Known Use: Reduction Pleas in Abeyance
Many attorneys overlook that Utah Code § 77-2a-3 allows a Plea in Abeyance agreement to reduce the degree of an offense upon successful completion of the agreement.
Rather than providing for dismissal, the agreement may require that, upon successful completion, the court:
- Reduce the degree of the offense;
- Enter a conviction for the reduced offense; and
- Impose sentence on the reduced offense.
For example, a defendant charged with Third-Degree Felony Retail Theft may enter into a Plea in Abeyance agreement that provides for a reduction to a Class A Misdemeanor after all conditions have been successfully completed.
Why Would Someone Choose a Reduction Plea in Abeyance?
In most situations, dismissal is the preferred outcome. However, dismissal is not always available.
A prosecutor may refuse to offer a dismissal-based Plea in Abeyance but may be willing to agree to a reduction-based agreement. In those circumstances, a reduction PIA can still provide significant benefits.
Potential advantages include:
- Avoiding a felony conviction
- Improving employment opportunities
- Reducing professional licensing consequences
- Preserving rights that may be affected by felony convictions
- Improving future expungement eligibility
While a misdemeanor conviction is still a conviction, it often carries fewer long-term consequences than a felony conviction.
A Practical Example
Traditional Dismissal Plea in Abeyance
Charge: Third-Degree Felony Retail Theft
Result: Successful completion leads to dismissal and potential expungement eligibility.
Reduction Plea in Abeyance
Charge: Third-Degree Felony Retail Theft
Result: Successful completion leads to a reduction to a Class A Misdemeanor conviction.
Although the second outcome still results in a conviction, it eliminates the felony conviction and may substantially reduce the long-term impact of the case.
Why Many Lawyers Miss This Strategy
Because dismissal-based Pleas in Abeyance typically provide the cleanest result, many defense attorneys focus primarily on obtaining dismissal agreements.
As a result, reduction-based Pleas in Abeyance are sometimes overlooked during negotiations.
When a prosecutor is unwilling to offer dismissal, a reduction PIA may provide a valuable middle ground that still achieves meaningful relief for the defendant.
Important Considerations
A reduction Plea in Abeyance still results in a criminal conviction.
Before accepting any agreement, defendants should carefully evaluate the potential collateral consequences of the reduced offense, including:
- Employment opportunities
- Professional licensing issues
- Firearm rights
- Immigration consequences
- Future expungement eligibility
The best structure for a Plea in Abeyance depends on the facts of the case, the prosecutor's position, and the client's long-term goals.
Talk to a Provo Criminal Defense Lawyer
A Plea in Abeyance can be a powerful tool, but not all agreements are structured the same way. In some cases, a dismissal-based agreement may be available. In others, negotiating a felony reduction may provide the best achievable outcome.
If you are facing criminal charges in Utah, Attorney Jake Gunter can evaluate your case, explain your options, and help determine whether a Plea in Abeyance may be beneficial in your situation.
Contact a Provo criminal defense attorney to discuss your case and potential defense strategies.
Conclusion
Most Utah attorneys think of Pleas in Abeyance primarily as a vehicle for dismissal. While that remains their most common use, Utah law also allows Pleas in Abeyance to serve as a mechanism for negotiated charge reductions.
When dismissal is unavailable, a reduction-based Plea in Abeyance may be the difference between carrying a felony conviction and carrying a misdemeanor conviction. Understanding both uses of the statute can create additional options and lead to substantially better outcomes for criminal defendants.