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.
402 hearings are preliminary-fact determinations to decide the admissibility of evidence. They are driven by the Evidence Code. Evidence Code section 402, subdivision (a) states, “When the existence of a preliminary fact is disputed, its existence or non existence shall be determined as provided in this article.
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.
For example, the court in Rashid v. Reed decided that evidence of a person being injured in an automobile accident was irrelevant in proving that the plaintiff was injured in the same accident, as one person's injuries do not prove another's. (b) the fact is of consequence in determining the action.
California Code, Evidence Code - EVID § 402 (c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.
A reprimand from a judge to a person accused, on being discharged, warning him of the consequences of his conduct, and intimating to him, that should he be guilty of the same fault for which he has been admonished, he will be punished with greater severity.
about 6 monthsThe Utah Bureau of Criminal Identification (the “BCI”) will have the final say on whether you're eligible to expunge your Utah cases, but they charge $65 and they take about 6 months to process your application, so it probably makes sense to try and figure out if you're eligible before you go through the application ...
Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact. It need not make the fact certain, but at least it must tend to increase or decrease the likelihood of some fact.
Credible evidence is evidence that's likely to be believed. A credible plan is one that might actually work, and a credible excuse is one your parents might actually believe.
Reliable Evidence means reports and articles with scientifically valid data published in authoritative, peer reviewed medical and scientific literature.