Asked in Criminal Law and Appeals / Appellate Law for Utah

Q: I was convicted through plea bargain of a inchoate and principal offense. But there is a statue that says Utah 76-4-302

It’s prohibited to convict someone of a inchoate and principal offense. What can I do ?

1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Ultimately the answer is "likely nothing." The time to dispute the contents of a plea agreement is prior to entering the plea agreement. The Court takes a lot of time to ask a lot of questions on the day the plea is entered. Questions like: "Have you reviewed the agreement?" "Do you understand the agreement?" "Are you entering the agreement because you are in fact guilty?" You apparently told the Court that you understood and wanted to accept the plea. The Court does not often reconsider plea agreements due to "buyer's remorse."

If I had to guess, I would bet you were CHARGED with both an offense and an attempt and that the offense was dismissed when you pled to the attempt. Not having seen your court documents, I cannot verify my suspicions, but that would be a common occurrence.

At this point your best course of action is likely to comply with any remaining terms of your sentencing (fines, probation, etc.) and avoid any further criminal charges. If you believe you are entitled to relief from your judgment, you should not delay in speaking with an attorney because there are deadlines after which you absolutely cannot appeal the terms of the plea agreement.

Brent J Huff agrees with this answer

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