Canyons Criminal Defense Lawyers

Utah Criminal Defense Attorneys

Main Criminal Defense Navigation

  • Canyons Home
  • Defense Strategy
  • How We Can Help
    • Felony Defense
    • Misdemeanors
    • Jury Trials
    • Appeals
    • District Courts
    • Justice Courts
    • 402 Reductions
    • Pardon
    • Expungements
  • Your Defense Team
  • Contact Information

Criminal Defense Firm in Utah

Criminal Defense Attorneys
Serving Clients Statewide

Criminal Defense Law for Mobile Header

  • Criminal Defense
  • Contact Information
Home » Criminal Defense Attorneys Utah » 402 Reductions » 402 Reduction for Parolees Too

402 Reduction for Parolees Too

September 20, 2021 By Stephen Howard

Exciting news for anyone who has served prison time and then successfully completed parole! Utah’s legislature in 2021 enacted amendments that now allow a 402 reduction after successfully completing either probation OR parole.

Utah Code 76-3-402 – Probation or Parole

Utah Code 76-3-402 now allows a person who has served their prison time and successfully completed parole to request a reduction in the level of the conviction. This can have HUGE benefits by reducing certain felony convictions down to the misdemeanor level.

The law previously distinguished between parole and probation, and allowed reductions only after successfully completing probation. This meant that someone who was never given a chance at probation or who violated probation and went to prison could not qualify for a reduction. Under the new law, if you serve your prison sentence and then successfully complete parole, you still qualify to request the reduction.

Instead of making technical distinctions between “probation” or “parole” the law now focuses on whether the person has made changes and turned their life around. Under the new law, when you successfully complete either probation OR parole, you can get that reduction if the court finds that it is “in the interest of justice.”

Jurisdiction for the District Court

As a general rule, the district court loses jurisdiction over a criminal case if the defendant is sentenced to prison (not a “suspended” prison term). Under Utah’s indeterminate sentencing system, the Board of Pardons and Parole then has jurisdiction to determine how much of a prison sentence will actually be served, whether the person will be given a chance on parole, what conditions will be imposed on parole, when parole will begin, and how long parole will last. But under the 2021 amendments, the legislature has explicitly given the original sentencing court jurisdiction over a request under Utah Code 76-3-402 to reduce the level of a conviction, even after serving prison time and on successful completion of parole.

Filed Under: 402 Reductions, Criminal Defense Attorneys Utah

Call a Utah Attorney

Call a Criminal Defense Lawyer in Salt Lake


Find Utah Criminal Law Help

Paragraph Spacer

5-Star Reviews for Utah Criminal Defense

Client Reviews - 5-Star

“Stephen . . . provides a calm and capable assurance throughout the entire process.”


For the People – For Attorneys

Important Information for People Facing Criminal Prosecution in Utah

Knowing what you are facing in a Utah criminal prosecution is critical in choosing the right attorney to defend your rights. Articles in this section provide imformation about Utah's criminal justice system that each person should know. Click to learn more.

Important Criminal Defense Information for Utah Attorneys

The "For Attorneys" section provides tips and articles from the Canyons team intended to assist Utah defense attorneys improve their knowledge base and hone the skills needed to successfully represent clients facing criminal prosecution. These materials must be considered in context of relevant constitutional provisions, procedural rules, case law, and statutes. Reliance on these materials by individuals without the assistance of an experienced attorney is not recommended.

Contact Form 7

    Find a Criminal Lawyer in Salt Lake City





    CONTACT US

    Case Results – Select Victories in Utah Criminal Defense

    Utah Criminal Defense Attorney Wins

    Client faced felony charges for allegedly using a gun to menace another driver during road rage incident. Defense trial strategy demonstrated that the alleged victim was the likely aggressor and that client had taken reasonable action to defend himself.

    Client pulled over by police for investigation of DUI. Mr. Howard filed a motion to suppress challenging the basis for the warrantless search and seizure. Police had received a report that client might be drunk. By challenging the basis for the report and demonstrating that police observation of client’s driving for nearly two miles showed no traffic violations or other indications of impairment, the prosecutor conceded error and moved to dismiss the DUI.

    First-degree felony burglary charges with gang enhancement were filed based on client’s participation in burglary planned by other individuals. Based on client’s peripheral involvement and evidence his conduct was out of character, prosecutor consented to abeyance agreement at misdemeanor level that would ultimately lead to case dismissal.

    Utah CLE Events / Calendar for Criminal Defense Attorneys

    For Utah Attorneys

    Canyons Law Group defense team presents on topics relating to internet crimes, including: prosecutor's constitutional discovery obligations; digital technology issues in discovery; police practices in internet "sting" cases; statutory history and interpretation for defense; and more.
    ↽⇀

    Contact Canyons Law Group directly to register. Space is limited.
    ↽⇀

    One hour MCLE credit for Utah attorneys pending approval.

    • Felonies
    • Misdemeanors
    • District Courts
    • Justice Courts

    Constitutional – Utah Defense Attorneys

    Fourth Amendment Rights - Illegal Search and Seizure Attorney in Utah

    Constitutional Rights

    P Spacer

    • Team Strategy
    • Jury Trials
    • Appeals
    • Expungements

    Constitutional Rights Legal Education

    Criminal Defense Attorneys Utah - Constitutional Rights

    Fourth Amendment Rights - Illegal Search and Seizure Attorney in Utah


    Search for Utah Criminal Law Information

    Contact Information for Utah Criminal Defense Lawyers

    Canyons Law Group, LLC
    Offices in Salt Lake and Davis Counties
    Serving Clients Statewide

    952 South Main St., Suite A
    Layton, UT 84041

    560 South 300 East, Suite 200
    Salt Lake City, UT 84111

    801-449-1409

    Utah Criminal Defense Locations

    Serving Northern Utah and the Wasatch Front
    Salt Lake, Davis, Weber, Cache, Tooele, Summit, Box Elder, Morgan, and Wasatch Counties

    Serving Central and Southern Utah
    Washington, Iron, Kane, Sevier, Sanpete, Juab, and Carbon Counties

    Make Online Payment

    Payments for Utah Attorneys
    • EnglishEnglish
    • EspañolEspañol
    Criminal Defense Page Archve
    Sitemap

    Copyright © 2010–2022 · Canyons Law Group, LLC · Stephen W. Howard, PC

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.