Posts Tagged ‘plea’

Guilty Plea for 2004 Manslaughter in Utah

Dec
19
Utah Criminal Defense Blog, on the topic of  Crimes
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A 75-year-old woman recently pleaded guilty to shooting and killing her husband in 2004. Although she was originally charged with first-degree felony murder, Evelyn Johnson ended up pleading guilty to manslaughter, a second-degree felony.

Photo: Daniel Oines

What Happened?

Johnson allegedly shot her husband several times the day after he had served her with divorce papers. A daughter asserted that Johnson had been abused throughout the marriage to Alan Johnson.

There was a competency question concerning Johnson early on in the case, and she was sent to the state mental hospital. Johnson has been released and is now awaiting sentencing.

Manslaughter Plea

With her guilty plea to manslaughter, Johnson likely faces 1-15 years in prison, as opposed to a minimum of 5 years to life in prison. It’s impossible to know what the judge who sentences her will decide is an appropriate consequence. Even though Johnson and her daughter allege that there was abuse, prosecutors noted that there were never any domestic violence reports made to the police during their marriage. However, some spouses (both women and men) keep their silence when there is domestic violence.

Let a Criminal Defense Attorney Do Your Talking

If you have been or think you might be charged with a crime, whether manslaughter or something else, it’s important to get legal advice immediately. You needn’t wait until you are arrested to consult with a Utah criminal defense attorney. Let an attorney inform you of your options and do any talking for you. If there are mitigating circumstances in your case, he should be aware of them. Protect yourself and contact an experienced criminal defense attorney today.

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Possible Pleas in Utah

Oct
11
Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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When it comes to entering a plea in a criminal case in Utah, there are more options than just guilty or not guilty. A Utah criminal defense attorney can give you the best advice about what type of plea is appropriate for your particular circumstances.

Five Kinds of Pleas

Photo: Ged Carroll

There are five types of pleas:

• Guilty;
• Not guilty;
• No contest;
• Not guilty by reason of insanity; or
• Guilty with a mental illness at the time of the offense.

Effects of Each Plea

Every plea that is entered will be recorded with the court and have its own effect.

• A plea of guilty is an acknowledgment that the accused is guilty of the offense charged.
• A plea of not guilty means that the accused is denying any guilt in the offense charged and puts in issue every material allegation of the information or indictment.
• A plea of no contest means that the accused does not challenge the charges. If the court accepts the no contest plea, it will have the same effect as a plea of guilty and any sentence may be given as if a guilty plea had been entered. The court will only accept a no contest plea after looking at the entire situation and the interest of the public in the case.

If a defendant is entering a plea in a felony case, he must do so in open court where the proceedings can be recorded. When a defendant does not enter a plea on his own behalf, the court automatically enters a plea of not guilty for him.

Withdrawing a Plea

• A not guilty plea may be withdrawn at any time prior to a person’s conviction.
• A plea of guilty or no contest may be withdrawn only when granted by the court and a showing that it was not knowingly and voluntarily made.
• A request to withdraw a plea of guilty or no contest, except for a plea held in abeyance, shall be made by motion before sentence is announced. Sentence may not be announced unless the motion is denied. For a plea held in abeyance, a motion to withdraw the plea shall be made within 30 days of pleading guilty or no contest.

As stated earlier, your Utah criminal defense attorney is the right person to advise you on entering any plea in a Utah court. This is a time when you need to rely on the expertise of a qualified attorney who understands Utah criminal law.

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Posted in Utah Legal Definition | No Comments »

Question: In Utah, What is a plea in abeyance?

Jan
25
Clayton Simms, Criminal Defense Attorney, on the topic of  Legal Process, Question, Utah Law
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Question: I went to court on a trespassing charge. Instead of jail, I got a “plea in abeyance” cause the judge said this was better. Now I have to do community service. There were lots of people in the courtroom, so I didn’t ask any questions. So what is a “plea in abeyance”?

The Utah Code of Criminal Procedure defines a plea in abeyance as, “order by a court… accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against him nor imposing sentence upon him on condition that he comply with specific conditions as set forth in a plea in abeyance agreement.” (Utah Code § 77-2a-1(1)).

Abeyance means “a state of suspension.” This means that if you take this plea, you are not being convicted of anything and the judge isn’t sentencing you. You just have to follow the conditions that the judge sets, and if you do, the court will reduce or dismiss your charges.

If you do violate the conditions, you will have to go back into court and explain why the judge should not find that you violated the conditions of the plea. If the judge finds that you violated the conditions, then she can terminate the plea agreement and enter a judgment of conviction and impose a sentence against you for the original crime that you were charged. It goes without saying that it is much better to follow the conditions of your plea in abeyance than to be convicted of a crime.

If you are going to court because you were charged with a crime, you should have an experienced criminal trial lawyer with you that can negotiate a favorable plea in abeyance for you.

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Posted in Legal Process, Question, Utah Law | 1 Comment »