• zabriskielaw

What After a 402 Agreement?


In the Utah criminal justice system prosecutors will often agree to reduce a felony to a misdemeanor after probation. This is made possible by legislation found in UCA Sec. 76-3-402(b). Judges and attorneys refer to these as 402 reductions. 402 reductions are an excellent way of tidying up your criminal background. 402 reductions are also a clever way of shortening the waiting period for expungement.

Utah judges, by law, only consider 402 reductions upon successful completion of probation. According to Utah law a judge can reduce the offense by one level (i.e. 3rd degree felony to Class A misdemeanor) without the prosecutor’s consent. For a judge to reduce the offense by two levels the prosecutor’s consent is needed.

The sure way to benefit from a 402 reduction in your case is to get an agreement from the prosecutor before you enter a guilty plea. However you intend to get a 402 reduction, be it with the prosecutor’s consent, or without, there are certain steps that you must follow to see the reduction through.

STEPS FOR OBTAINING A STIPULATED 402 REDUCTION

include the agreement to reduce as part of the plea bargain;contact your lawyer once you have successfully completed probation;attach the docket to a Stipulated Motion to Reduce Level of Offense;sign the motion for defendant (by counsel if represented);send the motion and a consistent court order to the prosecutor with a cover letter explaining that the enclosed motion is consistent with the agreement entered into at the time the guilty plea was accepted, and requesting that the prosecutor sign and submit to the judge with the accompanying order.

If you are seeking a 402 reduction without the prosecutor’s consent you should take these steps:

You or your attorney should file a Motion to Reduce Level of Offense before the court loses jurisdiction at the end of probation. The motion itself should indicate that it is to be held by the court until the successful completion of probation, and then considered at that time.successfully complete probation, and;re-new your motion to Reduce Level of Offense and request a hearing (before taking this final step it is always a good idea to check with the prosecutor to see if he or she is now willing to agree to the reduction. If so, you can follow the above-indicated Steps for Obtaining a Stipulated 402 Reduction), and;be prepared to convince the judge that, based upon your character and circumstances, the reduction is in the interest of justice.

As with any legal motions, unanticipated variables tend to complicate matters. Having a good lawyer advocating for you in this cause will prove invaluable.

Remember, stay safe, be smart and call us when you need us!

Rhome Zabriskie

25 views

Se Habla Español

We thank you for visiting zabrisk.com and we hope you find what you are looking for. As you visit keep in mind that the information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. We hope you will call to discuss your legal matter.

Connect Now

Subscribe Now

  • Facebook - White Circle
  • Twitter - White Circle
  • Instagram - White Circle
  • LinkedIn - White Circle

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Call Zabriskie Law Firm Criminal Defense Attorney in Salt Lake City for a free case evaluation. You can learn more about our criminal lawyer in salt lake city in the different areas of practice that we handle in criminal defense lawyers in Salt Lake City. Select one of the categories below to find out more information about your type of case and what our attorneys can do for you, or scroll down to learn more about our other criminal defense services. When you work with a Salt Lake City criminal defense lawyer from our firm, you can breathe easier knowing that we will be willing to go the distance in our efforts to help you fight for your desirable result. At Zabriskie Law Firm, we will fight aggressively for your case to get you the best possible verdict. As one of the most recognized DUI lawyers in Salt Lake City, Utah, we have a proven track record for dismissing or reducing the penalties in a Salt Lake City DUI defense cases. Our DUI lawyers in Salt Lake City have obtained positive outcomes in hundreds of cases for a misdemeanor or felony DUI charges and are prepared for the aggressive approach necessary to win your case. We have decades of experience in protecting the rights of Salt Lake City, Provo, Boise and Denver residents. Contact us today so we can begin preparing an effective Salt Lake City DUI case on your behalf. When choosing a criminal defense attorney Salt Lake City to help you with your claim, it is wise to review what they can do for you. At the Zabriskie Law Firm, we have decades of combined legal experience, having helped hundreds of people successfully win their cases. Our legal team has successfully obtained compensation for clients in many areas of personal injury, including those involving serious car accidents, truck accidents and motorcycle accidents, including distracted driving accidents and DUI defense attorney Salt Lake City. Resource

© 2019 by  Zabriskie law Firm