Utah 402 Reductions and Plea Agreements
Question: If a prosecutor in Utah agreed to a
402
reduction as part of a plea bargain (plea agreement), does
the 402 reduction happen automatically?
Answer: Utah Code Ann. 76-3-402 provides that a person who
successfully completes probation 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.
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,
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.
Contact us today for
an initial consultation regarding a Utah 402 reduction.

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