How a Plea Deal Works in Utah Criminal Cases

Prosecutors filed criminal charges in over 40,000 cases across Utah between June 2024 and June 2025. Approximately 90% of these cases will resolve in a plea deal, where the defendant agrees to plead in exchange for some benefit from the prosecution.

Because plea deals are so common, it can be important for a person charged with a crime to understand what plea bargains are, how they work in Utah, and when it may or may not be in their best interest.

What Is a Plea Deal?

A plea deal is an agreement between the defendant and the prosecution in which the defendant agrees to plead guilty (or no contest) in exchange for some benefit. That benefit may include reduced charges, fewer counts, or a lighter sentence.

While every plea agreement is unique, most plea-bargaining falls into three main categories.

Types of Plea Deals in Utah

Charge Bargaining

In charge bargaining, the defendant will agree to plead to a less serious offense than the crime they were originally charged with.

For example:

• A defendant charged with aggravated assault may plead guilty to simple assault
• A defendant charged with murder may plead guilty to manslaughter

This type of plea bargaining can significantly reduce potential penalties and long-term consequences.

Count Bargaining

In count bargaining, a person charged with multiple crimes will agree to plead guilty to some, but not all, of the charges filed against them.

For example, a person charged with ten counts of drug possession may agree that they’ll plead guilty to five of the charges if the prosecution agrees to dismiss the remaining five.

Sentence Bargaining

In sentence bargaining, the prosecution agrees to recommend a specific sentence to the court. A person may choose to plead guilty to a serious felony if the prosecution agrees to recommend that the judge not impose any imprisonment.

Plea in Abeyance: Avoiding Conviction

Not all plea bargains result in a conviction. In Utah, some cases can be resolved through a plea in abeyance, which allows you to keep a clean criminal record.

If the prosecution agrees to a plea in abeyance agreement, the defendant will plead to an offense, but the court will not enter the conviction. Instead, the court will hold the plea in abeyance, or suspend the plea, according to the terms of the plea bargain. A plea can be held in abeyance for up to three years.

If the defendant can complete all the other terms of the plea agreement, such as:

• Completing drug treatment
• Staying crime-free
• Paying fines
• Obtaining a high school diploma or GED,
• Then the court will withdraw the guilty plea and dismiss the case.

If the defendant is unable to complete the terms of the agreement, the court will enter the plea, and the person will be convicted of the offense.

Guilty Pleas vs. Contest Pleas

Most plea bargains involve a guilty plea, but defendants may also plead no contest (nolo contendere) in certain situations.

Guilty Plea

A guilty plea is an admission that the defendant committed the crime.

No Contest Plea

A no-contest plea means the defendant does not admit guilt but acknowledges that the prosecution has enough evidence to convict.

Pleading no contest has similar legal consequences as pleading guilty. A person who pleads no contest will be sentenced as though they pleaded guilty, and under Federal law, a no contest plea has the same impact on immigration and deportation as a guilty plea.[1]

While a person can plead guilty without entering a plea deal and without the approval of the prosecution and the court, both the prosecutor and the court must approve of the no-contest plea before it is officially entered.

Why Choose a No Contest Plea?

While a no-contest plea has very similar effects to a guilty plea, there are some key differences. While a person who pleads no contest admits that there is enough evidence to convict them of a crime, they have not actually admitted that they have committed the crime.

If a person is being civilly sued for the same behavior that they were criminally charged for, they may not be able to admit that they committed the crime without admitting liability in the connected civil case. A no-contest plea can help the person resolve their criminal case while reducing risks in their civil case.

In other instances, a person may not be able to admit that they committed a particular crime. An innocent person may want to plead to take advantage of a good plea deal and avoid any uncertainties at trial but cannot honestly say that they committed a crime. A person who is blackout drunk when they commit a crime may not remember what they did and thus may not be able to honestly admit that they committed the crime if they were to plead guilty.

What if the Prosecutor Breaks the Pea Deal?

The United States Supreme Court has ruled that plea agreements are like contracts. When the prosecution fails to comply with their end of the plea deal, the consequences can include:

• Allowing the defendant to withdraw their plea, or
• Ordering the prosecution to comply with the agreement

For example, if a person pleads guilty in one case in exchange for the prosecutor’s promise that they’ll dismiss a second case, the judge may order that the second case be dismissed if the prosecutor fails to dismiss it themselves.

Withdrawing a Guilty Plea in Utah

The process of withdrawing a plea after a person has been convicted is governed by Utah Code §77-13-6 and Rule 11 of the Utah Rules of Criminal Procedure.

A person must make a motion to withdraw their plea before they are sentenced, and they must show that they did not knowingly and voluntarily enter their plea. This can be a high bar to clear.

Judges typically will ask questions during plea hearings to make sure that the defendant knowingly and willingly pleads guilty since it can be difficult to go back and say that they were unaware of the terms of the plea after the proceedings are over.

Facing criminal charges in Utah?

The decisions you make early in your case can shape the rest of your life. At Christensen & Jensen, our criminal defense attorneys understand how Utah plea negotiations work—and when pushing for trial may be the better option. We take the time to explain your choices, protect your rights, and pursue the strongest possible outcome.

Contact Christensen & Jensen today to schedule a confidential consultation and get clear, experienced guidance before accepting any plea deal.