402 Reductions in Ogden
Commonly referred
to as a "402" reduction,
Ogden courts
have the authority to reduce the
level of a prior conviction when the defendant has successfully
completed probation and when the court is convinced that the reduction is
in the interest of justice.
If you have a felony or
misdemeanor conviction that is preventing you from being
eligible
for
expungement, is hurting your ability to get a job, or
otherwise causing
problems in your life, a
402
reduciton may be part of the solution.
Call us to see how Utah
criminal defense attorney Stephen Howard can
help you.
Benefits of a 402 Reduction in Ogden
Reducing a Felony to a Misdemeanor: One of the most common reasons for filing for a 402 reduction in Ogden is to have a
felony conviction reduced to the
misdemeanor
level. If you have a felony conviction in
Utah, you are probably painfully aware of the negative effects it can
have on
your life. A felony conviction makes it harder to get a job, find a
place to live, get a loan, and much more. But under Utah Code 76-3-402,
you may be able to have a third-degree or even a second-degree felony
reduced to the
misdemeanor level.
Restoring Your Expungement Eligibility: When filing for expungement in Ogden (and anywhere in Utah), your initial
eligiblity for expungement
is generally determined by the number of convictions on a person's
criminal record, the level of those convictions, and the length of time
that has passed since the cases were fully closed. By filing a 402
reduction motion to reduce the level of
prior convictions, you may be able to restore your eligibility for
expungement. The reductions can also shorten the waiting period for
eligibility. In other cases, the reduction itself can turn a
non-expungable felony charge (such as a
violent felony)
into an expungable misdemeanor. A reduction of a misdemeanor to the
infraction level can also reduce the number of convictions that are
considered in determining eligibility.
The 402 Reduction Process
Even if an Ogden prosecutor has previously agreed to a reduction as a part of a
negotiated plea agreement, a 402 reduction is not automatically entered by the court. Although
the prosecutor has agreed, a formal motion must be filed and the court must be persuaded that the
reduction is "in the interest of justice." Following is a brief outline of the process of obtaining a 402 reduction.
Complete Probation Successfully:
As required by Utah law, a defendant
must successfully complete probation as a preliminary qualification for
a 402 reduction. Under former versions of Utah Code 76-3-402, a
defendant was required to be discharged
from probation "without violating" the terms of probation. A 2007
change to this statute made by the state legislature revised the
eligibility conditions to require instead only
that probation be completed "successfully."
This change is significant. Under the earlier version of the statute,
402 reduction eligibility could be lost based on a single minor violation of
probation early on in a case. But under the new statute, a defendant
who may have had some "bumps in the road" during probation but who
ultimately completed "successfully" his probation
may still qualify for a reduction.
Utah
courts distinguish between probation and parole. The statute
specifically requires successful completion of "probation" in order to
retain eligibility for the reduction. If a person is sent to prison and
completes parole successfully, eligibility for the 402 reduction is
lost.
Filing the Formal Motion: Simply completing
probation successfully does not guarantee a reduction in the level of
conviction. According to Utah law, a motion must be filed with the
court in which the defendant bears the burden of proof to demonstrate it is “in the interest of justice”
to grant the motion. It is not enough to merely make a
request.
Holding a Hearing:
In some cases, the court will require a hearing in open court where all
parties are able to present arguments for or against the motion to
reduce. If a prosecutor is persuaded prior to a hearing that the motion
should be granted, a stipulation can be submitted to the court and the
court may, in its discretion, grant the motion without a hearing.
Finding an Attorney for a 402 Reduction in Ogden
A
402 reduction can help open doors that have been closed because of a
criminal record or felony conviction. We help clients reduce the level
of prior convictions in Ogden and throughout Utah.
Contact us today to see how we can help you.
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