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

If you have already gone to court, the judge may have ordered a Criminal No Contact Order against you.  In that case, the No Contact Order will stay in place until the case is resolved, the judge changes his/her mind, or until the prosecutor agrees to dismiss it.  Again, your spouce can ask to have it removed, you can ask the judge to have it removed, or you can get an attorney to negotiate to remove it.

Lastly, if your spouse filed an actual Civil Protective Order as a separate action against you (in addition to any criminal case), then the court will have a hearing within 30 days on the Civil Protective Order to determine if it should be made permanent.  You will have to fight the protective order in addition to your criminal case.  You or your attorney can go to the hearing and try to convince the judge to change the order or remove the order completely.  To find a good explanation of how to fight a civil protective order, go here.

Law enforcement in Utah takes domestic violence very seriously ¾ and it should. Statewide, the Utah Domestic Violence Council reported over 3,700 domestic violence criminal charges were filed in 2011.

In mid-October, the Salt Lake Area Family Justice Center on 300 South and 310 East announced receipt of a $900,000 federal grant to fund improved law enforcement services at the Family Justice center for the next two years.

For victims of domestic abuse, this means faster response to potentially dangerous family conditions. Adding to six detectives already on-site, the grant provides funding for a part time county prosecutor and overtime for police to arrest those in violation of protective orders.

For those accused of domestic violence, more funding means better and faster enforcement of already strict laws concerning domestic violence.

If you are involved in a tumultuous family situation, stand down instead of stepping up. If drawn into a domestic dispute and you are arrested, contacting experienced legal help quickly could make a great deal of difference in your case — and your liberties.

The problem is, because of the strictness of domestic violence laws, many non-abusive people are dragged into the criminal system that don’t need to be there. Unfortunately, once you are in the system, it is very difficult to get out. It is almost always necessary to get an attorney to help you. In many heated domestic situations, a fine line exists between a domestic dispute, and abuse of domestic violence law. If you are accused of being over the line, contact our office for help.

If you are arrested on felony or Class A misdemeanor charges, you have the right to a preliminary hearing.

While misdemeanor charges are a lower offense, a conviction can lead to a jail term up to a year. When you are facing loss of liberty, fines, penalties and a criminal record, a preliminary hearing is an opportunity you cannot afford to ignore.

What happens during a preliminary hearing?

During a preliminary hearing, a judge hears argument from the prosecution and the defense. The judge then rules whether the case will proceed to trial or be dismissed.

As in an actual trial, the burden of proof during a preliminary hearing is on the prosecuting attorney. My job as a criminal defense attorney is to make that burden of proof impossible to meet. During a preliminary hearing on a Class A misdemeanor drunk driving charge, the prosecutor must prove the following:

• The alleged impaired driving took place in Utah
• The defendant was in control of the motor vehicle
• A test showed a blood alcohol concentration (BAC) of .08 percent
• The BAC rendered a defendant unable to drive safely
• Another person was injured due to negligence by the defendant, or a minor was present

A preliminary hearing gives your attorney a chance to hear and argue the evidence.When is a trial not a trial? This could be your answer: When charges against you are dismissed at a preliminary hearing.

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.

You could kill or seriously injure yourself or others driving impaired by alcohol or drugs.

Utah has zero tolerance for minors drinking alcohol anywhere.

You have heard it all before. You may even have seen information from the National Highway Safety Transportation Administration (NHTSA) about keeping teen and young adult drivers safe.

The fact is that impaired driving at any ageis never a good idea and always dangerous. But people still do it, especially young people. NHTSA says traffic crashes are the leading cause of death for American teens 15 through 20 years of age. We repeat the same messages over and over. We know what happens, but how do you stop your child from drinking?

Any parent knows keeping children safe forever is impossible. Parental influence only goes so far — but further than most parents think. Your almost-grown child still values your opinion, if you treat him or her like the adult he or she is becoming. The way to take care of your child as they move into the driver’s seat is to take care of the relationship he or she has with you. Your best deterrent to drunk driving is to keep tabs on your children, give them structure until they build their own and keep communication open.

There are serious penalties and consequences for drunk driving at any age.

You know it already. Keep your children safe by staying in their lives, and helping them keep theirs. And if anyone gets arrested, seek experienced legal advice before you do anything else.

Shot on location at the Salt Lake County jail, the first Utah-based episode of Jail, produced for Spike TV, aired on October 25. According to media hype, the show captures the harsh and sometimes humorous reality of what happens to criminals after they’re caught.

As criminal defense attorneys, we understand what happens after arrest, and the television show offers a look at that reality. But no one is getting their shot at stardom in front of a camera while drunk, arrested for petty theft — or worse. A recent episode caught a distraught, likely drug impaired woman assaulting a pay phone.

If a friend or relative ends up getting a mugshot or a turn on reality TV, you need to know what to do.

Depending on the charge, you may be able to arrange for bail. Bail is paid to ensure a defendant returns to court to face charges. Bonding services usually charge about 15 percent of the bail outright as a fee for their service. If the defendant does not show in court, the entire bond is forfeit, and you owe the bonding service for their loss.

Depending on viewer response, at least five more episodes of Jail are planned at the Salt Lake facility. Tune in to see what it is like. And try to make sure you are not among the cast of characters. Those who attract the cameras often do not like the consequences.

What Does Work: You see the flashing lights and hear the sirens but you know what to do. You signal, pull safely over, roll down your window and get some fresh air before the police officer arrives. You are polite, answer questions and then remain silent. You provide identification and registration. You do not take the field sobriety test. Law enforcement must have reason to pull you over — do not give them reason to arrest you.

Although you cannot decline a breath alcohol test, you can decline field sobriety testing. With luck, the police will take a pass. If not, you need to call a good DUI attorney immediately after your arrest. Remember that you have rights including the right to seek legal counsel.

Bear in mind that 75 percent of DUI cases in Utah result in a verdict or a guilty plea. DUI charges are serious — and can have a serious impact on your future. An experienced attorney can help you avoid penalties such as license suspension or revocation, vehicle confiscation, installation of an ignition interlock device and jail time — up to five years for a third offense. But you can help yourself even more by being careful to avoid DUI charges in the first place.

In prison in Oregon on charges of second-degree kidnapping, Gregory L. Seamons, was recently connected with the murder when his DNA matched material from the 1983 crime scene. Just 15 when Rebecca was reported missing, Mr. Seamons stated earlier in jailhouse interviews that he did not know Ms. Lemberger, though she lived in his neighborhood.

In a letter to the Salt Lake Tribune from his Oregon cell this month, Mr. Seamons wrote that he was fooling around with Ms. Lemberger prior to her death, but he suspected his now-dead father, Larry Seamons, was responsible for her death.

Whether 30 years or three days ago, forensic analysis is pivotal to proving the innocence or guilt of criminal defendants. Despite faded memories and the passage of years, genetic evidence lit a fire under this cold case that may prove difficult to quench.

Despite this, a good criminal defense may question laboratory procedure, examine preservation and possible contamination of evidence, offer plausible explanations for a DNA match and query the chain of possession of incriminating genetic or other evidence.

Without good legal counsel, and given his record, Mr. Seamons is in very hot water.

Mr. Crockett detailed a plan for jail reform involving stakeholder meetings between government, experts and community officials. From those meetings, an improved data collection process would allow matching of inmates with programs like RealVictory to reduce recidivism.

In 2011, Utah violent crime declined by approximately seven percent — that’s certainly good news. Property crime is also down, and so are total arrest numbers. As criminal defense lawyers, we understand the impact that arrests have on individuals and their families. We work hard to keep our clients out of the system.

But crime and conviction means consequences. Mr. Crockett aimed his remarks at those incarcerated in jail — not prison. Sheriff Jim Winder points out dangerous felons are also housed in the jail and Salt Lake County adopted a criminal justice program four years ago that is working well. If statistics are to be believed, he may be on the right track.

Promoted by Mr. Crockett as potentially reducing recidivism by over 50 percent, RealVictory is a cognitive behavioral program using cell phones and automated messages to discourage repeat offenses.

While we live in the age of smartphones, friendly robocalls do not stack up against programs currently offered to reduce repeat offenses and improve quality of life for my clients like education, vocational and life skills training, substance abuse treatment and other mental health programs.

In legal defense and in programs that reduce recidivism, personal service counts. Is there an app for that? Perhaps not.