What is a Plea in Abeyance?

A plea in abeyance occurs when a defendant enters a plea of guilty or no contest but the judge does not enter the plea. Instead, the court holds that plea for a negotiated amount of time, often 6 months to a year. During that period of time, the defendant cannot have any new law violations. In some cases the defendant is ordered to complete classes such as anger management, parenting , or drug/alcohol abuse classes. Defendants may be ordered to pay restitution and/or perform community service.

If, during the negotiated period of time, the defendant successfully completes the terms of the agreement, the court will dismiss the matter. If the defendant does not successfully complete the terms then the judge can enter the previously held guilty plea, resulting in a conviction.

It is important to note that the arrest and record of the court case will remain on the defendant’s record and may still have an impact on employment or state licensing. However, anyone looking will see that the matter was dismissed, decreasing the impact on the defendant.

This plea is typically available to individuals with limited criminal records. It is most commonly used in misdemeanor cases but, with the right facts, it could be used in cases where the person is charged with a felony that, in reality, should have been charged as a misdemeanor.

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