How do I get a 402 reduction in Utah?
Obtaining a
402
reduction in Utah first requires successful completion of
probation, but also requires a motion demonstrating that the reduction
in the level of the charge is "in the interests of justice." As a Utah
criminal
defense attorney based in Salt Lake City, Stephen Howard has
obtained 402 reductions for clients on charges including arson,
burglary, credit card fraud, drug charges, and many more. To learn if
you may be eligible for a Utah 402 reduction and for more information
on hiring an
experienced criminal
defense attorney,
contact
us today to schedule an initial consultation.
Requirements for a Utah 402 Reduction
Successful Completion of Probation - The first requirement for obtaining a
402
reduction in Utah is to
successfully complete probation. Under a previous version of Utah Code
76-3-402, a person was required to complete probation
without any violations. But under a more recent amendment to
the statute, a person may be eligible for a reduction in charges even
if there were violations during the probation period, so long as the
court ultimately determined that probation was "successfully"
completed.
With the change in the statute, some people who may have been
previously not eligible for a 402 reduction may now be eligible.
"In the Interest of Justice"
- While successful completion is a prerequisite to obtaining a 402
reduction, it is not by itself sufficient to support a motion to reduce
the level of a conviction. The second requirement for a Utah 402
reduction is that the motion and memorandum filed with the court must
demonstrate that the reduction is "in the interest of justice." This
standard is not as black-and-white as the question of whether probation
was completed successfully. Instead, the court may look at a variety of
factors, including any subsequent criminal charges, actions taken by
the defendant since completing probation,and other factors determined to be relevant.
Procedure for Filing a 402 Reduction Motion in Utah
When
a 402 reduction motion is filed in Utah, it should be accompanied by a
legal memorandum in support of the motion. The prosecuting attorney
must also be given notice and a copy of the motion and supporting
memorandum. The prosecuting attorney may file a memorandum in
opposition to the motion, may stipulate to the motion, or may remain
silent and file no response. Either party (prosecution or defense) may
request a hearing on the motion, where oral arguments may be presented
to the court in support of either party's position. A proposed order my
be filed contemporaneously with the motion, or the proposed order may
be filed following the court hearing.
One Step v. Two Step Reductions
Before filing for a 402 reduction, you should determine whether
you need a one-step reduction or a two-step reduction. This
will depend on the purpose for which you are trying to obtain the
reduction. If you were convicted of a third-degree
felony
and
need to have it reduced to a
misdemeanor,
you will only need a one-step
reduction. If your conviction was on a second-degree level,
you will need a two-step reduction to get the charge down to a
misdemeanor. If you are trying to accelerate the
expungement
process for a misdemeanor, a two-step reduction will likely be
beneficial, as the waiting time for lower-level misdemeanors is shorter.
If you determine that you need a two-step 402 reduction, you will need
to convince the prosecutor to agree (stipulate) to the reduction before your 402
reduction motion can be granted. If you are only seeking a
one-step reduction, you may be able to have your motion granted without
the prosecutor's agreement. But regardless of whether you are
seeking a one-step or two-step reduction, you may still be required to
have a hearing on your motion to convince the judge that it is in the
"interests of justice" to grant your motion. If you are able
to obtain a stipulation from the prosecutor prior to filing your
motion, you may be able to skip the hearing process altogether.
Starting the 402 Reduction Process
If you believe that you may be eligible for a 402 reduction,
contact us today for an initial consultation. Stephen Howard can usually determine over the phone
if you are eligible. If you are eligible, we can immediately
begin the process of having your charges reduced. Don't let your criminal record hold you back any longer.
Finding a Utah Criminal Attorney in Salt Lake City

Stephen Howard is a
criminal
defense lawyer based in Salt Lake City, Utah. He
has defended literally thousands of serious criminal cases during his
career. His
record of
results in defending clients includes not guilty verdicts or
dismissals in cases including
aggravated
robbery,
aggravated
assault,
drug
possession,
drug
distribution,
burglary,
forgery,
theft,
fraud,
DUI,
domestic
violence, and many more. If you are facing criminal
prosecution in Utah,
contact us
now to schedule your initial consultation.
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