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.