how much does a lawyer charge for a 402 reduction in utah

Full Answer

What is a 402 reduction in Utah?

Utah law provides a method to reduce the level of a criminal conviction without changing the name of that conviction. For instance, Possession with Intent to Distribute Marijuana is usually a 3rd Degree Felony. However, using the 402 reduction statute, that same conviction can be reduced to a Misdemeanor A (or sometimes even a Misdemeanor B).

How do I get a 402 reduction in my criminal case?

If you have an attorney working with you on your criminal case he or she can help you look into a 402 reduction during the sentencing phase of your case. If you’re applying for a 402 reduction after your probation, you might need to hire another attorney.

How do I reduce the degree of a criminal conviction in Utah?

The full citation to the law is Utah Code Section 76-3-402. A reduction of the degree of a conviction does not happen automatically. You have to meet the requirements, ask the court for the reduction and give the prosecutor time to respond.

How much does it cost to file a 402 motion?

I currently work on post-sentencing 402 reductions for a flat fee of $500–$600 (depending on court and type of case). That includes drafting your motion, discussing it with the prosecutor’s office, and filing it in court.

How do I get a 402 reduction in Utah?

Utah Code 76-3-402 Section 402 allows anyone with a criminal history to petition the court to reduce the level of their criminal history by one degree with court approval and by two degrees with approval of both the court and the prosecutor.

How can I get my felony lowered in Utah?

RequirementsYou have successfully completed probation or parole.You have paid all fines and court-ordered restitution, and either. ... The court determines that it is in the interest of justice to reduce the degree of your conviction.

How do I reduce a felony to a misdemeanor in Utah?

Utah law provides that a person who has successfully completed probation may have the level of the offense or conviction reduced if the court is convinced that the reduction is "in the interest of justice." Commonly referred to as a "402 reduction," this process may allow you to reduce a felony conviction to the ...

How do you get your record expunged in Utah?

Apply for and get the Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI). It can take several months for BCI to process your request. Once you receive your certificate, you will have 180 days from when it was issued to file it, along with the Petition to Expunge Records, with the court.

How long does a felony stay on your record in Utah?

7 years7 years for Felonies (except felony drug possession offenses) 5 years for Class A Misdemeanors and felony drug possession offenses. 4 years for Class B Misdemeanors (except DUIs) 3 years for Class C Misdemeanors and Infractions.

How much does it cost to get your record expunged in Utah?

Expungement Cost The specifics are below, but there's a $65 application fee to determine eligibility, and then you must pay $230 for each charge eligible for expungement. This does not include attorney's fees. $65 application fee – File “Application of Eligibility” with Utah Bureau of Criminal Investigation (BCI).

When can you expunge a misdemeanor in Utah?

5 yearsRecord Expungement Eligibility Felonies under the Utah Controlled Substance Act: 10 years. Other felonies: 7 years. Class A misdemeanors: 5 years. Class B misdemeanors: 4 years.

Can you get probation for a second degree felony Utah?

Second and third degree felonies may still be eligible for probation, even those which are designated violent or sexual in nature. For example, the following offenses are all violent felonies under Utah § 76-3-203.5(1)(c) – yet none are included on the above list.

What felonies Cannot be expunged in Utah?

Exclusions: While Utah law allows most types of records to be expunged, due to their nature, certain types of records cannot be expunged under Utah law. These include capital felonies, certain violent felonies, felony automobile homicide, registrable sex offenses, and registrable child abuse offenses.

How much does it cost to expunge a felony in Utah?

$65.00To start the criminal record expungement process, a defendant must apply for a “Certificate of Eligibility” from Utah's Bureau of Criminal Identification (BCI). The BCI states that the application fee for requesting a certificate will cost $65.00.

Does Utah automatically expunge your record?

In 2019, Utah passed a new law that requires the government to automatically expunge certain types of misdemeanor criminal records. This means that if you have not been convicted of a crime in the last 5 to 7 years, all or part of your criminal record might be automatically expunged.

What happens if a reduction is granted?

If the reduction is granted. If the judge grants your motion, the court will notify the Bureau of Criminal Identification (BCI). However, it is your responsibility to confirm with BCI that the reduction order has been made part of your criminal history.

What is a 402 reduction?

This process is sometimes called a "402 reduction" or a "402 motion," which refers to the section of the law that describes the requirements and process. The full citation to the law is Utah Code Section 76-3-402.

What is the Utah Code 76-3-402.?

Utah Code section 76-3-402. The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.

What does the court determine about plea in abeyance?

The court determines that it is in the interest of justice to reduce the degree of your conviction. You have not already received a reduction in the level of the offense as part of a plea in abeyance agreement.

Who will notify victims of a motion for reduction of conviction?

The prosecutor will notify any victims in the case (if there are any) that you have filed a Motion for Reduction of Conviction. The prosecutor and/or the victim may file with the court a statement opposing your motion. See our Motions page for more information about procedures and timelines.

Does a reduction of conviction happen automatically?

A reduction of the degree of a conviction does not happen automatically. You have to meet the requirements, ask the court for the reduction and give the prosecutor time to respond. Some people ask for a reduction because they hope to later try to expunge the crime from their record.

Can a court reduce a conviction?

The court may reduce the degree of a conviction by one degree if: The court determines that it is in the interest of justice to reduce the degree of your conviction. You have not already received a reduction in the level of the offense as part of a plea in abeyance agreement.

What is a 402 motion?

A 402 motion can help a person in a variety of ways. For example, it may be easier to locate housing or employment if a third degree felony was lowered to a misdemeanor. For former owners of firearms, the 402 reduction represents an opportunity to restore their gun ownership rights.

Can you get a 402 reduction in Utah?

However, 402 reductions are not handed out automatically by the state; instead, a petitioner must satisfy a variety of requirements to be awarded a 402 reduction. If you need legal assistance to file for a 402 reduction, you should consult with an experienced Utah attorney for 402 reductions for gun ownership.

Utah Requirements for a Rule 402 Reductions

Utah Code Ann. 76-3-402 (2021) outlines the requirements for a reduction in your convictions. The requirements to reduce your convictions are as follows:

Limits on Utah Rule 402 Reductions

Sex Offense Registry. You can only reduce a sex offense conviction where you were required to register for 10 years when your registration requirements have expired.

What are the benefits of 402?

In certain situations, you can reduce felony convictions to misdemeanors, reducing the stigma that being a convicted felon has on job and housing prospects.

What is Section 402?

Section 402 allows anyone with a criminal history to petition the court to reduce the level of their criminal history by one degree with court approval and by two degrees with approval of both the court and the prosecutor.

How does Utah reduce criminal history?

The purpose of the law is to allow people who have made mistakes to reduce the stigma and burden associated with having a criminal history by lowering or reducing their criminal history.

Can a criminal record be reduced?

There are limitations to reducing your criminal history. The court cannot reduce your criminal history by more than two steps. There are also certain types of crimes that are not eligible for reduction. If you owe any restitution as part of your criminal conviction, the court cannot reduce your conviction unless restitution has been fully paid.

Requirements for a 402 Reduction in Salt Lake City, Utah

A 402 reduction, also known as a 402 motion, allows a person to reduce the grade of a previous conviction under certain circumstances. The State of Utah will not award a person with a 402 reduction simply after a certain amount of time has passed, an individual must file for the reduction.

How to File a 402 Motion for Prior Criminal Charges in Salt Lake City

In Utah, a person can lose the rights to gun ownership if they are convicted of a certain offense. Generally, there are two categories of people that are restricted from owning a firearm: Category I and Category II.

Work with Our Salt Lake City 402 Reduction Attorney for Gun Ownership

If you require legal assistance to file for a 402 offense reduction, contact an experienced Salt Lake City 402 reduction lawyer as soon as possible. Criminal defense lawyer Darwin Overson possesses over a decade of legal experience, and he would be honored to work with you.

Introduction

• You can ask the court to reduce the degree of your criminal conviction if you meet certain requirements. This process is sometimes called a "402 reduction" or a "402 motion," which refers to the section of the law that describes the requirements and process. The full citation to the law is Utah Code Section 76-3-402. A reduction of the degree of a ...

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Requirements

Asking For The Reduction

If The Reduction Is Granted

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