Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran 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

How do I get a 402 reduction in Utah?

Obtaining a 402 reduction in Utah first requires successful completion of probation, but also requires a motion demonstrating that the reduction in the level of the charge is "in the interests of justice." As a Utah criminal defense attorney based in Salt Lake City, Stephen Howard has obtained 402 reductions for clients on charges including arson, burglary, credit card fraud, drug charges, and many more. To learn if you may be eligible for a Utah 402 reduction and for more information on hiring an experienced criminal defense attorney, contact us today to schedule an initial consultation.

Requirements for a Utah 402 Reduction

Successful Completion of Probation - The first requirement for obtaining a 402 reduction in Utah is to successfully complete probation. Under a previous version of Utah Code 76-3-402, a person was required to complete probation without any violations. But under a more recent amendment to the statute, a person may be eligible for a reduction in charges even if there were violations during the probation period, so long as the court ultimately determined that probation was "successfully" completed.  With the change in the statute, some people who may have been previously not eligible for a 402 reduction may now be eligible.

"In the Interest of Justice" - While successful completion is a prerequisite to obtaining a 402 reduction, it is not by itself sufficient to support a motion to reduce the level of a conviction. The second requirement for a Utah 402 reduction is that the motion and memorandum filed with the court must demonstrate that the reduction is "in the interest of justice." This standard is not as black-and-white as the question of whether probation was completed successfully. Instead, the court may look at a variety of factors, including any subsequent criminal charges, actions taken by the defendant since completing probation,and other factors determined to be relevant.

Procedure for Filing a 402 Reduction Motion in Utah

When a 402 reduction motion is filed in Utah, it should be accompanied by a legal memorandum in support of the motion. The prosecuting attorney must also be given notice and a copy of the motion and supporting memorandum. The prosecuting attorney may file a memorandum in opposition to the motion, may stipulate to the motion, or may remain silent and file no response. Either party (prosecution or defense) may request a hearing on the motion, where oral arguments may be presented to the court in support of either party's position. A proposed order my be filed contemporaneously with the motion, or the proposed order may be filed following the court hearing.

One Step v. Two Step Reductions

Before filing for a 402 reduction, you should determine whether you need a one-step reduction or a two-step reduction. This will depend on the purpose for which you are trying to obtain the reduction. If you were convicted of a third-degree felony and need to have it reduced to a misdemeanor, you will only need a one-step reduction. If your conviction was on a second-degree level, you will need a two-step reduction to get the charge down to a misdemeanor. If you are trying to accelerate the expungement process for a misdemeanor, a two-step reduction will likely be beneficial, as the waiting time for lower-level misdemeanors is shorter.

If you determine that you need a two-step 402 reduction, you will need to convince the prosecutor to agree (stipulate) to the reduction before your 402 reduction motion can be granted. If you are only seeking a one-step reduction, you may be able to have your motion granted without the prosecutor's agreement. But regardless of whether you are seeking a one-step or two-step reduction, you may still be required to have a hearing on your motion to convince the judge that it is in the "interests of justice" to grant your motion. If you are able to obtain a stipulation from the prosecutor prior to filing your motion, you may be able to skip the hearing process altogether.

Starting the 402 Reduction Process

If you believe that you may be eligible for a 402 reduction, contact us today for an initial consultation. Stephen Howard can usually determine over the phone if you are eligible. If you are eligible, we can immediately begin the process of having your charges reduced. Don't let your criminal record hold you back any longer.

Finding a Utah Criminal Attorney in Salt Lake City

Utah Criminal Attorney Salt LakeStephen Howard is a criminal defense lawyer based in Salt Lake City, Utah.  He has defended literally thousands of serious criminal cases during his career.  His record of results in defending clients includes not guilty verdicts or dismissals in cases including aggravated robbery, aggravated assault, drug possession, drug distribution, burglary, forgery, theft, fraud, DUI, domestic violence, and many more.  If you are facing criminal prosecution in Utah, contact us now to schedule your initial consultation.

RELATED QUESTIONS:
Can a 402 reduction speed up the expungement process?
What are the options for clearing my criminal record in Utah?
How can I get a felony reduced to a misdemeanor in Utah?


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 - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • 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 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.
  • Violent Crimes Assalt Defense UtahDismissed at Preliminary Hearing - Client charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
  • 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

Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Our criminal defense lawyers have represented clients facing some of the most serious felony charges on the books in Utah. Whether you are facing prosecution for felony or misdemeanor charges, you can be assured that our attorneys have the experience, knowledge, and determination necessary to help you achieve the results you need. Choosing the best defense attorney for your case will be one of the most important decisions you make....

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.