Clearfield City Justice Court

A plea in abeyance is a plea bargain entered into between a defendant and the prosecutor. A defendant pleads guilty, but the court does not enter the guilty plea. The court holds the guilty plea in abeyance for the term of the agreement (typically nine to 12 months). If the conditions of the plea are completed successfully, the case is dismissed at the end of the abeyance period. The advantage of a successful plea in abeyance is that a conviction does not go on your record. However, if the terms of the plea in abeyance are not completed successfully, your guilty plea will be automatically entered. You will be brought back to court for sentencing under the original charge. In certain traffic cases the prosecution has a “standing order” with the court that requests the court to allow a standard plea in abeyance in certain circumstances, even when the prosecutor is not present. The terms of the standard traffic plea in abeyance are that you will pay the bail amount, plus a $25 plea in abeyance fee. You may also be required to complete traffic school within 45 days. There will be a separate charge at the time you sign up for traffic school. Additionally, you may not have any additional moving violations during the period of the abeyance. A court clerk may inform you if you qualify for the standard plea in abeyance.

If you want to contest the charge(s) that has been filed against you, you must plead “not guilty”. If you plead not guilty you will be scheduled for a pre-trial conference. You will need to enter your plea of not guilty in court with the judge present.
At the pre-trial conference, you will meet with the prosecutor to discuss your case. Sometimes a plea
agreement can be entered into. The judge will then determine whether the plea agreement will be accepted. The judge is not required to accept a plea agreement. However, the judge will inform you of that decision, and will allow you to reconsider before entering a plea. If a resolution cannot be reached at the pre-trial conference, a trial will be scheduled. Jury trials, by law, are not provided for infractions. All misdemeanor trials are bench trials (where the judge is the trier of fact) unless a party makes a written demand for a jury no later than 10 days before trial. (Your trial may be rescheduled to allow time to gather a jury.)

At a trial, the prosecution has the burden of proof, which is “beyond a reasonable doubt” in most criminal cases. Additional information about the rules and procedures governing trial may be found here. If you are found “not guilty” your case will be closed. If you are found “guilty,” you will proceed with sentencing.

If you plead guilty or no contest, or are found guilty after trial, you will be sentenced. There are many reasons for the parts of a sentence. These include protecting the public, discouraging poor behavior, repairing those injured, and others. Fines are most commonly used in sentencing. In order to ensure uniformity, fines are determined, in most cases, by the Uniform Fine and Bail Schedule that is published by the State of Utah.
In addition to a fine, you may be put on probation. This may include several components, including proving you are free of controlled substances, treatment, community service, restrictions on your use of alcohol or a vehicle, and many other items.

For all misdemeanor crimes, you could be sentenced to a term in the county jail. The maximum jail times are 180 days for a Class B misdemeanor and 90 days for a Class C misdemeanor. You may not be sentenced to jail for an infraction. Jail time is generally within the discretion of the judge. The possibility of jail time increases with the severity of the charge, your prior history, and your refusal to follow the court’s orders.