Criminal cases really follow only two different paths. The first path is the fight, you go to trial and you battle it out until the end. For better or worse most cases do not go this route however and that is clear by how the courts are still running. If every case went to trial then the system would most likely just crumble because there would be enough staff or facilities to make it all work. Trials take a lot of time and resources and the courts are not setup for every case to go to trial.
The other route a case may go, and which most cases follow, is a plea bargain or plea deal. Basically what this means is that the defendant pleads guilty or no contest and in exchange the prosecutor agrees to do something in return that makes the deal “worth it” to the defendant. Some of the things the prosecutor might offer is to reduce the charge, such as going from a class A misdemeanor to a class B; or dismiss additional charges, or maybe suggest certain sentencing to the judge such as no jail time.
Taking a Plea Deal is how most criminal cases end and it may be the best option, it really just depends on your case and what options you have. That’s why its so important you have a criminal defense attorney by your side to help you understand exactly what your options are and what the consequences may be of your decision.
The Best Deal Available
When it comes to plea deals the best one out there is usually a plea in abeyance. This plea is usually the best option because the next best step would be just a straight dismissal and that’s fairly rare, unless there are evidentiary issues. So what is a plea in abeyance exactly? The plea in abeyance, or PIA, as it is often abbreviated, is a plea where the defendant pleads guilty but that plea is not entered at a conviction, and the deal is that it will never be entered as a conviction as long as the defendant jumps through all the necessary hopes. So lets give an example.
A defendant comes in charged with possession of marijuana, since its their first offense and they don’t have any criminal history, their criminal defense attorney works out a plea in abeyance. The defendant pleads guilty to the charge but the court just holds onto that plea, and doesn’t enter it as a conviction. The defendant is required to pay a fine and maybe undergo a substance abuse evaluation and follow any treatment. Additionally the defendant is required to go a year without any other violations of the law, which means basically nothing more serious than a traffic offense. At the end of that year if the defendant has paid the fine, done their evaluation, and kept out of trouble then the court dismisses and closes the case. This means that nothing goes on their criminal record as a conviction. Additionally, as soon as the case is closed they can also ask the court for an expungement of their arrest record so the entire incident is completed wiped from their record like it never happened.
If you have been charged with a crime you should contact us at Peterson Legal right away so you can find out if a plea in abeyance is a possibility for your case. I offer free consultations and I’m available almost any time I’m not in court so give me a call and we can talk more about your options. 801.228.8733