Question: If a prosecutor in Utah agreed to a 402 reduction as part of a plea bargain (plea agreement), does he 402 reduction happen automatically?
Answer: Utah Code Ann. 76-3-402 provides that a person who successfully completes probation or parole, or meets other qualifying conditions, may make a motion to the court requesting that the court lower the degree of the conviction by one step or two steps. This reduction is commonly called a “402 reduction.” As part of plea negotiations in Utah criminal cases, prosecutors sometimes agree that if a defendant successfully completes probation then the prosecutor will stipulate to a 402 reduction motion. However, the reduction will not occur automatically.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Reduction is Not Automatic
Courts will not take action to reduce the level of the conviction without the filing of a formal motion. The statute (Utah Code Ann. 76-3-402) also requires that the court make a finding that the reduction “is in the interest of justice.” In other words, even if a prosecutor stipulates to the motion, the judge still has to be convinced that the defendant deserves the reduction.
Even if the prosecutor agreed to the reduction as part of a plea agreement, working with an experienced Utah criminal defense lawyer can help give you the best chance of obtaining that reduction. Stephen Howard has successfully worked with clients in a variety of cases to obtain one-step and two-step 402 reductions.
If you have successfully completed probation parole, you may be eligible to have the level of your charge reduced. This may mean having a felony reduced to a misdemeanor. It can also, in some circumstances, speed up your eligibility for an expungement.
The best attorneys understand your case involves more than just what happens in court.
Contact us today for an initial consultation.
