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:

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

Whatever the charges, after an arrest it’s time to take some sensible steps in your defense. The first question to ask your lawyer is, how serious are the charges you face? In Utah and most other states, the basic difference between a misdemeanor and a felony is the penalty. Penalties tend to track with the seriousness of the crime. Misdemeanors and felonies are categorized — a felony is more severe than a misdemeanor, while a Class A misdemeanor is more serious than a Class C misdemeanor like public intoxication.

Types of misdemeanors include:

• Class A: Theft, assault of a police officer and negligent homicide
• Class B: Driving impaired, possession of marijuana under one ounce and some traffic offenses
• Class C: Lack of valid license, or driving on a suspended license

Types of felonies include:

• Capital offense: Aggravated murder
• First degree: Murder, rape, possession to distribute near a school and aggravated arson
• Second degree: Residential burglary, forcible sexual abuse and car theft
• Third degree: Non-residential burglary, some types of forgery and theft and possession of controlled substances

Both misdemeanors and felonies result in incarceration. A misdemeanor conviction is served in jail. A felony time is served in either jail or prison.

While misdemeanors are lesser crimes, conviction guarantees a criminal record that may mean lost educational, employment, social and volunteer opportunities far into your future. Whether misdemeanor or felony, the more serious the crime, the more impact it has on your life. An experienced criminal defense attorney can help minimize that impact.

What Works: Clear your record!  If you ever made a dumb mistake in the past and ended up with a criminal record, get it expunged.  A criminal record will almost always come back to haunt you sooner or later in job applications, promotions, volunteering, etc.  Visit UTexpungement.com to see if you are eligible.

What Doesn’t Work: Using your graffiti tag to sign citations and/or court documents.

What Works: If you are ever accused of something criminal, don’t say, “You can’t prove it!” or “You have no proof!” Even if you’re innocent, it just makes you sound guilty. Unless you can honestly say, “I didn’t do anything,” or “I’m innocent,” then don’t say anything at all, unless it’s, “I’d like to speak with my attorney please.”

What Works: Getting your probation done early! Probation requirements can drag on for years and often cost more than the original fine. If you finish everything early and ask the judge to end probation you can save yourself hundreds or thousands of dollars.

What Works: When you get the bad end of a meeting with the police, take immediate notes about as many details as you can remember. Officers usually don’t remember the stuff that wins your case, just the stuff that hurts you.