Can you Vacate a plea in abeyance after the case has been dismissed? The charges were of two counts of possession: marijuana and paraphernalia however I was not guilty so the DA offered me Plea in Abeyance. I complied with the terms for a year and the case was dismissed. now I'm trying to vacate the plea.
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Vacating a plea for a case that was dismissed after compliance of terms for a year
- Thread starter haid420
- Start date
pleasehelp08
Registered Users (C)
it is possible but not easy. You need to find an attoryney who can work on this case.
it is possible but not easy. You need to find an attoryney who can work on this case.
where can I find the "state procedural law" for this for the state of Utah? Do you know anyone who has done it? I spoke to many attorneys and went with the one who seemed not to make it more complicated than what it is. The DA knows I was innocent and was a victim of being in the wrong place at the wrong time but is asking for state procedural law for this.
LateKnight
Registered Users (C)
when did this happend? and how much marijuana? and case was dismissed after one year of what? probation?
when did this happend? and how much marijuana? and case was dismissed after one year of what? probation?
This happened in October 2007. I'm not sure what the amount was since I was not the one carrying (though charged since it was in the center console of the car) but I think it was between 5-10 grams. The DA offered me a Plea in Abeyance which meant I had to be in good behavior for a year and pay my dues: upon completion of which the case would be dismissed. I did so accordingly (well I don't use or abuse so I couldn't get in trouble any way) and the case was dismissed a year later. Now that I've gotten my Labor cert and just applied for I-140 in EB-2 (i could apply for 485 at the same time), my lawyer won't file saying if he does, not only will my application be rejected but I will be deported from the country based on Immigration and Nationality Act. I had an Utah lawyer speak to the DA and he understands but wants to see the 'state procedural law' for vacating a case that has been dismissed. He thinks the case is gone for good since I complied with the terms.