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
Dismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
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 -
Client facing first-degree felony drug distribution
charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work
resulted in negotiated offer of misdemeanor plea-in-abeyance and
ultimate dismissal of case.
Dismissed at Preliminary Hearing
- Client
charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
- 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. . . .
Can
I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve
the case without returning to the state. . . .
You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....
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 »
Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....
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