A Plea in Abeyance - The Pros and Cons
by Blair Nicole PR, Marketing
Dealing with the challenges of a courtroom can be stressful especially when your record is on the line. This is the primary reason why some people embrace the idea of a plea in abeyance. Generally, a plea in abeyance means that the defendant pleads either guilty or no contest to the charges presented before the court. In exchange, the accused individual will receive a defined and lenient treatment from the prosecution side.
Technically, a plea in abeyance offers benefits to everyone involved in the case from the judge to the accused individual. However, the decision to accept a plea in abeyance shouldn’t be taken lightly. It is essential to understand all ways in which a plea in abeyance will impact your case over short and long-term. Here are some of the pros and cons of taking a plea in abeyance.
The Pros of A Plea in Abeyance
One of the most significant benefits of a plea in abeyance is that it eliminates uncertainty from the legal process. This might also be a good chance to take away the maximum sentence that could be imposed on you if you are found guilty by the jury. In the U.S, nearly half a million individuals are held in prisons with various charges awaiting trial which means that they don't have a conviction. However, taking a plea in abeyance speeds up the entire process.
A plea in abeyance can also be an effective negotiating tool. This is one of the surest ways of securing witnesses for a large case which might involve testifying against another person. The process allows the judges to put every person engaged in a more serious case into prison and allow them to pursue the maximum prison sentence against the person(s) they feel are responsible for a particular crime.
Since you aren’t formally convicted, then it means that the case won’t show up on your records as long as comply with all the conditions set in the plea of abeyance agreement. You also need to remember the fact that when you comply with all the conditions in the deal, the case may be entirely dismissed once the period of the abeyance is over.
A plea in abeyance also offers the accused individual a perfect opportunity for a lighter sentence if the charge is less severe. This also means that you will have fewer offenses listed on your criminal record. You will also save a lot of money that could have been used to cater for counsel fee if the case would have proceeded to the trial stage.
Cons of A Plea in Abeyance
The most notable disadvantage of a plea in abeyance is that it denies the accused individual the right to a fair trial. Remember the fact that every citizen has a constitutional right to have a free and fair trial by a jury. Presuming that the defendant is accepting the charges against him/her can be illegal. The accused individual must have the right to take the case to trial for a plea of abeyance to be an effective tool.
A plea of abeyance still creates a criminal record for the accused person. This simple agreement doesn’t necessarily mean that the accused person won’t have a criminal record since he/she may be asked to serve time in prison. Apart from the criminal record, the accused will still have fines to pay and no chance of appeal.
Are you struggling with a criminal case in Utah? Contact Wasatch Defense Lawyers today for legal assistance. We offer a free case review and payment arrangements as well.
Created on May 31st 2018 01:04. Viewed 104 times.