Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409. We fight to protect your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Salt Lake 402 Reduction Attorney - Felonies - Misdemeanors

A 402 reduction motion can be used to reduce many Utah felony convictions to the misdemeanor level. In some circumstances, a 402 reduction may restore your eligibility for expungement, or may shorten the waiting time to petition for expungement. As an experienced Salt Lake criminal defense attorney, Stephen Howard has successfully filed many 402 reduction motions for people with a variety of prior convictions. We can often tell you over the phone if you qualify for a 402 reduction. Contact us today to learn more.

Benefits of a 402 Reduction in Utah

One of the most common reasons to request a 402 reduction under Utah law is to have felony charges reduced to the misdemeanor level. But a 402 reduction can also sometimes be used to restore a person's eligibility for expungement. By reducing the level of a conviction, a person may also be able to shorten the waiting period for expungement eligibility.

Qualifying for a 402 Reduction in Utah

As a preliminary qualification for most 402 reduction motions, Utah law requires first that you successfully complete probation. But a 402 reduction is not granted automatically. If you have completed probation successfully, Utah law next requires that you file an appropriate motion with the court, that demonstrates that the reduction of your charges is "in the interest of justice."

Utah Code section 76-3-402 previously required that probation be completed without any violations before a person could qualify for a reduction in the level of charges. But the Utah legislature has changed this statute to allow a reduction in charges if probation is completed successfully. This change allows individuals to qualify for a reduction, even if they may have had a few problems while on probation or even had orders to show cause, as long as they ultimately got back on track and completed probation successfully.

While completing probation successfully is a prerequisite to getting the level of your charges reduced, it is not enough by itself. The court must also be convinced that it is "in the interest of justice" to grant the reduction. Successful completion of probation is typically a black-and-white question. But the question of what is "in the interest of justice" is a much more vague issue. Judges and prosecutors often consider a variety of factors in addressing this issue.

For purposes of a 402 reduction motion, Utah law makes a distinction between parole and probation. If a person has been sent to prison, the convictions that resulted in the prison sentence are not eligible for reduction under Utah Code section 76-3-402 - even if the person successfully completed parole. But after serving a prison sentence, a person may still be eligible for an expungement or for pardon through the Utah Board of Pardons and Parole.

One-Step and Two-Step Reductions under Utah Code 76-3-402

Utah Code section 76-3-402 allows a court to reduce the level of a conviction by either one or two degrees. A two-step reduction requires the agreement of the prosecutor. But a one-step reduction can be granted by the court even over the objection of a prosecutor.

Finding a Criminal Defense Attorney in Utah

As a criminal defense attorney based in Salt Lake City, Stephen Howard offers services to clients throughout Utah. He has assisted clients in successfully obtaining 402 reductions in a wide variety of cases. Contact us now to see if you are eligible for a 402 reduction.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • Utah Burglary Defense Attorney Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

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....

Experience »
Conviction Consequences - Utah Criminal Defense

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....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

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.

Stephen W. Howard, PC

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.