what will a lawyer charge me to do a 402 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).

Do I qualify for a 402 sentence reduction?

Do I Qualify for a 402 Sentence Reduction? All offenses are eligible for a 402 sentence reduction (except for certain sexual and kidnapping offenses), but the judge has to agree to it. The level can either be reduced at the time of sentencing (usually as a result of a bargain with the prosecutor), or afterwards.

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 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 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 ...

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.

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).

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.

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.

What crimes 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 long do misdemeanors stay on your criminal record?

lifeA misdemeanor might be considered a minor criminal offense compared to a felony charge, but it is a criminal offense. If you are convicted of a misdemeanor, the misdemeanor remains on your criminal record for the rest of your life, unless the court expunges the offense.

How many years can an employer go back on a background check in Utah?

7 yearsGenerally, background checks go as far back as the last 7 years of a person's history.

How do I get a pardon in Utah?

Pardon Applications are considered only after a significant period of time of exemplary citizenship and demonstrable evidence of rehabilitation and generally require that at least five (5) years have passed since the termination or expiration of all criminal offenses, sentences, and supervision on probation or parole ( ...

What is the clean slate Law Utah?

Utah's Clean Slate law provides automatic record expungement for cases dismissed with prejudice and certain qualifying misdemeanor conviction records. Individuals must remain conviction-free for 5-7 years (depending on the level of the offense) in order to qualify.

Can you get your gun rights back in Utah?

If a person is restricted from possessing or using a firearm because of a felony conviction or domestic violence (DV) conviction, legal action through the Utah court system may restore the right to carry a firearm.

What is a first degree felony in Utah?

First degree felonies in Utah are punishable by an indeterminate term of five years' to life imprisonment, and a fine of up to $10,000. For example, rape is a first degree felony. (Utah Code Ann. §§ 76-3-203, 76-3-301 (2019).)

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.

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.

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.

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.

What is the law in Utah for possession of marijuana?

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.

How to request a reduction after sentencing?

To request a reduction after sentencing, you must file a motion with the court and with the prosecutor. The prosecutor will attempt to contact any victims in the case, and either the victims or the prosecutor may object to your request and ask for a hearing.

How long can you go to jail for a 3rd degree felony?

For instance the maximum penalties for a 3rd Degree Felony are 0-5 years in prison and $5,000, but the maximum penalties for a Misdemeanor A are 1 year in jail and up to $2,500. CLEANING UP YOUR RECORD.

Can a sentence be reduced to 402?

The level can either be reduced at the time of sentencing (usually as a result of a bargain with the prosecutor), or afterwards.

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.

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 ...

See more on utcourts.gov

Requirements

Asking For The Reduction

If The Reduction Is Granted

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