Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Take the first step in securing a successful defense.
Call 801-449-1409 now to see what our team can do for you.
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

Utah 402 Reductions - Stipulated Motions

Does a prosecutor's stipulation guarantee that the judge will grant a 402 reduction motion?

A two-step reduction under Utah Code 76-3-402 requires a prosecutor's stipulation (agreement). But even with the stipulation of a prosecutor, either a one-step or a two-step reduction still requires that the judge must determine that the reduction is in the interest of justice before the 402 motion can be granted.

A 402 reduction may be useful in reducing a felony conviction to a misdemeanor, or in some situations may restore expungement eligibility. If you are seeking a 402 reduction, an experienced criminal attorney can help present your case to the court in the best light, improving your chances of success.

Based in Salt Lake City, criminal defense lawyer Stephen Howard provides legal services on cases throughout Utah. Contact us today to arrange for an initial consultation.

What is the standard for obtaining a 402 reduction in Utah?

In order to obtain a 402 reduction following the successful completion of probation, the defendant must demonstrate that it is "in the interest of justice" to grant the requested reduction. This standard is viewed by the court's as being discretionary - meaning that the judge may consider the specific facts of the case, the performance of the defendant while on probation, activities of the defendant since completing probation, and other relevant factors and then determine whether the reduction is appropriate.

A stipulation is not necessarily enough to guarantee a successful 402 reduction. In the case of State v. Quintana (48 P.3d 249), the Court of Appeals reversed the district court and remanded the case with instructions to that the prosecutor should be compelled to comply with a prior agreement to recommend (or stipulate to) the requested two-step 402 reduction. But the Court of Appeals noted that on remand and even with the prosecution's recommendation for the two-step reduction, the trial court would still have discretion to either grant or deny the 402 motion.

The appellate courts give the district court "wide latitude and discretion" in determining 402 reduction questions. See, State v. Boyd (25 P.3d 985) and State v. Holt (233 P.3d 828). If a 402 reduction motion is not successful in the district court, a defendant has the right to request a review on appeal. But it is generally an uphill fight to show an abuse of discretion by the district court on appeal. A defendant will be better off filing a strong initial motion with the court rather than planning on challenging the court's decision on appeal.

In filing a 402 reduction motion, a defendant should consider presenting information or evidence relating to positive performance while on probation, efforts toward a successful rehabilitation, counseling or treatment engaged in during probation or since the completion of probation, positive community involvements, work history and performance, volunteer work, family, etc. A cookie-cutter 402 reduction form motion cannot serve as a replacement for competent legal advice and representation. Because a successful 402 reduction motion involves a discretionary review by the judge, you must be prepared to present a persuasive case.

Benefits of a Successful 402 Reduction Motion

One of the most common reasons a person may seek a 402 reduction is to have a felony conviction reduced to the misdemeanor level. This kind of reduction can help restore rights that were lost as a result of having a felony criminal record.

A 402 reduction may also be used to help restore a person's eligibility for expungement. Under the Utah Expungement Act, eligibility is based on both the number and level of criminal convictions on a person's criminal record. For example, four class B misdemeanors from four separate criminal episodes will result in a denial of expungement eligibility. But if one of those class B misdemeanors is reduced to a class C misdemeanors, eligibility may be restored. If a minor misdemeanor conviction can be reduced to the infraction level, then that conviction will no longer count against expungement eligibility at all.

A 402 reduction can also shorten the waiting period for expungement eligibility. For a single felony conviction, a seven-year waiting period is required. Reducing that felony to a class A misdemeanor reduces the waiting period by two years.

Finding a Criminal Defense Attorney for a 402 Reduction

Salt Lake Criminal AttorneyIf you are seeking a reduction in the level of your conviction under Utah Code 76-3-402, the assistance of an experienced criminal attorney can help give you the best chance of success. Utah criminal defense attorney Stephen Howard has substantial experience in obtaining 402 reductions for a wide variety of felony and misdemeanor charges. Based in Salt Lake City, Mr. Howard provides legal services to clients throughout Utah.

Contact us today to arrange for an initial consultation.

RELATED CRIMINAL DEFENSE QUESTIONS

What are my best options for clearing my criminal record in Utah?
Do I need an attorney to handle an expungement in Utah?
Can a 402 reduction be used to restore expungement eligibility for a violent felony?


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 Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah Expungement Lawyer Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Utah Burglary Attorney Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

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 Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

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.