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.

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On-duty police officers reported that Gilhuly became belligerent as they transported him to the police station. He turned on his own and began swearing at his comrades. After he kicked out the back passenger window of the patrol car he was restrained in a “special suit.” No word on what that special suit is. Gilhuly refused to take the breath test.

Unfortunately this officer’s “training and experience” did not oblige him to submit to a breathalyzer. Also, unfortunately for him, most states, including Utah, have an implied consent law that requires a person suspected of DUI to submit to a chemical test. Refusal to submit to the test usually results in an 18 month suspension of your driving privileges. The news story did not reveal whether the police obtained a warrant to seize his blood. However, it would not surprise me if they did not get a warrant and do not have a BAC.

Most DUI Lawyers would tell you that it is probably a bad idea to refuse the intoxilyzer breath test. Most of the time the police will get a warrant to seize your blood. Also, if you refuse your license will most likely be suspended for 18 months. So you end up with an 18-month driver license suspension and the police end up with a BAC even though you refused. If you go ahead and submit to the breathalyzer, you may end up with a 120 day suspension for a first offense and the police will have the BAC.

If you have been charged with a DUI in Utah call a Salt Lake City DUI Lawyer for a free consultation. Quick action can be the difference between keeping or losing your license. Every DUI arrest is different and a criminal defense attorney can advise you about the best action to take.

What Works: Knowing the firearm laws in your state. In Utah it is illegal to discharge a firearm in the direction of a person, vehicle, or habitable structure unless you are in lawful defense of a person or your habitation in limited circumstances. A violation is a 3rd degree felony punishable by not less than three nor more than five years in prison. Other weapons violations include, discharging a firearm from a vehicle, possessing a firearm or dangerous weapon in an airport secure area, or possessing a firearm or dangerous weapon wile under the influence of drugs or alcohol.

As stated in the story linked to above, the man was attempting to scare off some people who were trying to break into his vehicles. If he had been in Utah and he fired in their direction he could be charged with felony discharge of a firearm. If he fired in the air he could also be charged with discharging a firearm near a building if the building was within 600 feet.

To learn more about unlawful discharge of a firearm or the gun laws in Utah contact a Utah Criminal Defense Attorney.

What Works:  Knowing when you should plead “no contest” as opposed to “guilty.” In most situations, they have exactly the same effect—you will get the same penalty from the judge.

However, if you think you might be sued in civil court for something relating to your criminal case, you should always plead “no contest” instead of pleading “guilty.” In a car accident, for example, if you plead “guilty” to the traffic citation, and the other driver sues you in civil court, the guilty plea can be used against you as an admission of wrong doing, and you may end up paying double for one mistake.  However, if you plead “no contest,” you are not admitting guilt, and it cannot be used as an admission in a civil case.

On the other hand, if you are not being sued for anything, and you have decided not to negotiate your case any further, it is usually better to plead “guilty” instead of “no contest,” because it gives the judge the impression that you are accepting responsibility. This is especially the case with more serious charges—the more you can show the judge that you understand how serious the case is, the less he will feel like he needs to “help you” understand the seriousness by imposing greater penalties.