Utah 402 Reductions - Questions and Answers
Following are links to questions and answers relating to the 402 reduction process in Utah. These answers are general in nature and should not be treated as "legal advice" applicable to any particular case. If you have a criminal record with convictions that may be reduced under Utah Code 76-3-402, we strongly recommend consulting with an experienced criminal defense attorney for advice and assistance relevant to your specific circumstances. Even if you do not qualify for a 402 reduction, an expungement or pardon may provide alternative options for clearing your record. Call us today to see how we can help.- What is the process for getting a 402 reduction in Utah?
- Can a felony be reduced to a misdemeanor in Utah?
- What about a second-degree felony? Can it be reduced to a misdemeanor after probation in Utah?
- Can I get a 402 reduction if I did not complete probation successfully?
- Does a prosecutor's stipulation guarantee that the judge will grant a 402 reduction motion?
- Will a 402 reduction be entered automatically if the prosecutor agreed to the reduction on the record as part of the original plea bargain?
- If the legislature has amended the level of my offense in the new code, will my prior conviction be automatically reduced?
- What if a judge denies my motion? Can I wait and file another 402 reduction motion, or do I just get one chance?
- Can a 402 reduction help restore my gun rights in Utah?
- What are other options for clearing my criminal record in Utah?
Links to other important Utah criminal defense information and answers can be found here. If you are facing prosecution for a criminal offense in Utah, contact us today to see how we can help you.
- Selected Defense Victories
Not Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
Dismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
Probation - Client
charged with aggravated robbery based on allegations he entered a store with a gun and mask and demanded cash. Client confessed to police before hiring a defense attorney. Defense mitigation efforts resulted in a negotiated resolution that removed life in prison as a possibility, and secured a probation sentence from the court.
- Recent Posts
What
should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best...
Strategy »
With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....
Experience »
In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....
Consequences »
An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....
Reasons to Hope »
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.
Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041
Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.
In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.
The materials in this website are intended for informational purposes only, and are not legal
advice. Viewing or responding to materials in this site does not create an attorney-client
relationship. Read Full Disclaimer.
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Stephen W. Howard, PC
Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.
Stephen W. Howard, PC