Utah Code » Title 77, Chapter 2a — Pleas in Abeyance
Utah Code

Utah Code § 77-2a-2 (2026)

Plea in abeyance agreement -- Negotiation -- Contents -- Terms of agreement -- Waiver of time for sentencing

✓ current as of May 2026
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7/1/2026

At any time after acceptance of a plea of guilty or no contest but before entry of judgment of conviction and imposition of sentence, the court may, upon motion of both the prosecuting attorney and the defendant, hold the plea in abeyance and not enter judgment of conviction against the defendant nor impose sentence upon the defendant within the time periods contained in Rule 22(a), Utah Rules of Criminal Procedure.
A defendant shall be represented by counsel during negotiations for a plea in abeyance and at the time of acknowledgment and affirmation of any plea in abeyance agreement unless the defendant knowingly and intelligently waives the defendant's right to counsel.
A defendant has the right to be represented by counsel at any court hearing relating to a plea in abeyance agreement.
Any plea in abeyance agreement entered into between the prosecution and the defendant and approved by the court shall, subject to Subsection (7), include a full, detailed recitation of the requirements and conditions agreed to by the defendant and the reason for requesting the court to hold the plea in abeyance.
If the plea is to a felony or any combination of misdemeanors and felonies, the agreement shall be in writing and shall, before acceptance by the court, be executed by the prosecuting attorney, the defendant, and the defendant's counsel in the presence of the court.
Except as provided in Subsection (5)(b), a plea may not be held in abeyance for a period longer than 18 months if the plea is to any class of misdemeanor or longer than three years if the plea is to any degree of felony or to any combination of misdemeanors and felonies.
For a plea in abeyance agreement that the Division of Adult Probation and Parole created in Section 64-14-202 supervises, the plea may not be held in abeyance for a period longer than the initial term of probation required under the adult sentencing and supervision length guidelines, as defined in Section 75E-4-101, if the initial term of probation is shorter than the period required under Subsection (5)(a).
Subsection (5)(b)(i) does not:
apply to a plea that is held in abeyance in a drug court created under Title 78A, Chapter 5, Part 2, Drug Court, or a problem solving court approved by the Judicial Council; or
prohibit court supervision of a plea in abeyance agreement after the day on which the Division of Adult Probation and Parole supervision described in Subsection (5)(b)(i) ends and before the day on which the plea in abeyance agreement ends.
Notwithstanding Subsection (5), a plea may be held in abeyance for up to two years if the plea is to any class of misdemeanor and the plea in abeyance agreement includes a condition that the defendant participate in a problem solving court approved by the Judicial Council.
A plea in abeyance agreement may not:
be approved unless the defendant, before the court, and any written agreement, knowingly and intelligently waives time for sentencing as designated in Rule 22(a), Utah Rules of Criminal Procedure; or
notwithstanding any other provision of law, include as part of the requirements and conditions agreed to by the defendant that the defendant will forfeit a firearm owned by the defendant if the offense the defendant will plea to is not an offense that would make the defendant a restricted person under Section 76-11-302, Section 76-11-303, or federal law.
Notes of Decisions
Cited in 6 cases, 1996–2017 · leading case: State v. Moss, 921 P.2d 1021 (Utah Ct. App. 1996).
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State v. Moss, 921 P.2d 1021 (Utah Ct. App. 1996). · cites it 6× “Likewise, section 77-2a-2(1) provides that [a]t any time after acceptance of a plea of guilty.”
State v. Lane, 2009 UT 35 (Utah 2009). · cites it 2× “112 In June 2007, while the Victims' appeal was pending, Lane filed in the district court a Motion to Dismiss his plea in abeyance with prejudice pursuant to Utah Code section 77-2a-2(5). The pertinent portion of the statute reads, "A plea shall not be held in abeyance for a…”
Meza v. State, 2015 UT 70 (Utah 2015). · cites it 2× “§ 77-2a-2(1). While the plea is held in abeyance, the court will “not enter judgment of conviction against the defendant nor impose sentence upon the defendant.”
State v. Mooers & Becker, 2017 UT 36 (Utah 2017). “§ 77-2a-3(5)(b) (listing restitution as one of the possible terms of a plea in abeyance).”
Layton City v. Stevenson, 2014 UT 37 (Utah 2014). “See Utau Cope § 77-2a-2 (providing the defendant with certain procedural rights such as the right to counsel during negotiations and hearings related to the plea in abeyance agreement).”
Layton City v. Stevenson, 2014 UT 37 (Utah 2014). “39 First, as we noted above, 37See UTAH CODE § 77-2a-2 (providing the defendant with certain procedural rights such as the right to counsel during negotiations and hearings related to the plea in abeyance agreement).”
— Utah Code § 77-2a-2(1) — 3 cases
State v. Moss, 921 P.2d 1021 (Utah Ct. App. 1996). “Likewise, section 77-2a-2(1) provides that [a]t any time after acceptance of a plea of guilty.”
Meza v. State, 2015 UT 70 (Utah 2015). “§ 77-2a-2(1). While the plea is held in abeyance, the court will “not enter judgment of conviction against the defendant nor impose sentence upon the defendant.”
State v. Mooers & Becker, 2017 UT 36 (Utah 2017). “§ 77-2a-3(5)(b) (listing restitution as one of the possible terms of a plea in abeyance).”
— Utah Code § 77-2a-2(5) — 1 case
State v. Lane, 2009 UT 35 (Utah 2009). “112 In June 2007, while the Victims' appeal was pending, Lane filed in the district court a Motion to Dismiss his plea in abeyance with prejudice pursuant to Utah Code section 77-2a-2(5). The pertinent portion of the statute reads, "A plea shall not be held in abeyance for a…”
— Utah Code § 77-2a-2(l) — 1 case
State v. Moss, 921 P.2d 1021 (Utah Ct. App. 1996). “Likewise, section 77-2a-2(1) provides that [a]t any time after acceptance of a plea of guilty.”
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