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.
2-Step Reduction - Client needed a two-step reduction to bring a prior conviction to the misdemeanor level. Collection of substantial evidence of reform and rehabilitation convinced a normally reluctant prosecutor to stipulate to the defense 402 reduction motion.
Dismissed -
Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
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Defending against a criminal prosecution in Utah is a job that has to be done right the first time. Choosing the right attorney to defend you can be the most important decision you make. Our attorneys have extensive experience handling some of the most serious felony and misdemeanor charges on the books in Utah. No matter what charges you are facing, we can help....
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A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
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Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....
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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