QUESTION
After court hearings are initially completed, will the BCI record of mine have theft on it?
Asked on May 13th, 2014 on Criminal Law - Utah
More details to this question:
I am charged with theft (under $150). I'm required to go to jail for the booking process. Does that mean that they are preparing me to go to jail? I am a student and can't really afford an attorney. Are there any attorneys out there that would let me make payments without a walk-in fee at an inexpensive total cost? This is my first time offense. I've heard of a plea and abeyance. Will that most likely be the judge’s decision and what will be the minimum fine I have to pay? Is there community service work to complete and how much? I am afraid of this going onto a criminal record for me, as this would certainly would not allow me to get a job. I'm almost finished with school, and will be applying to teach pre-school, kindergarten, or first grade. If the judge grants the plea abeyance, does the criminal charge go onto my record at that time, or only if I do not complete the requirements the judge sets forth?
2 ANSWERS
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Randy M. Lish, Attorney at Law
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When you go to your first appearance in court, request a public defender. You can negotiate a plea agreement, and one of the possible resolutions is a plea in abeyance. Some prosecutors do not offer this for a theft charge, but your attorney can always ask. You need to be fingerprinted even though there is very little likelihood that you will ever do jail. Community service is a distinct possibility, and your attorney should ask the judge to allow at the time of sentencing. The arrest is on your BCI record, and even if the charge is dismissed or you are acquitted, you would need to expunge your record to get it removed.
Answered on May 15th, 2014 at 7:40 PM
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It sounds like you are being asked to do what is called a "book and release." You go to the jail and they fingerprint you and process your information and then you are free to go. Many attorneys, including me, allow you make payments. Many, including me, also offer a free consultation. Contact one and ask about their terms. As for making payments to the court, generally you have one year to pay your fine. The judge will not be making a decision as to whether or not you can make a plea in abeyance. It will be a prosecutor making that decision. The prosecutor will make that decision based on a few factors, including the alleged facts of the crime. Without knowing more, it is impossible to say if you will be offered a plea in abeyance. If you do complete a plea in abeyance, it will be on your record, yes, but you may be eligible for expungement because it will show as a dismissal of the charge, which opens the possibility of expungement sooner.
Answered on May 15th, 2014 at 7:40 PM