by Stone River Law | Nov 19, 2023 | Expungements
What is a 402 Reduction in Utah? A 402 Reduction allows courts to lower the severity of a conviction by one or two degrees, which can make a significant difference in many areas of your life. If you’ve successfully completed probation or parole, or if you meet...
by Stone River Law | Nov 19, 2023 | Expungements
Utah Code 76-3-402 allows a court to reduce the level of a conviction by one step, or by two steps if the prosecution agrees with the request. Do I need a one-step or two-step reduction? Whether you need a one-step or a two-step reduction depends on what you want to...
by Stone River Law | Nov 19, 2023 | Expungements
A 402 reduction is not an automatic process. Even with a reduction agreed to as part of a plea agreement, a motion to reduce must still be filed with the court after completing probation or parole. You must also convince the judge that the reduction is “in the...
by Stone River Law | Nov 19, 2023 | Utah Appellate Court Opinions
The Utah Supreme Court provided an analysis of Fourth Amendment search and seizures issues in the case of State v. Smith, 2022 UT 13. The opinion provides a number of points and clarifications that can be very helpful to defense counsel in challenging police search...
by Stone River Law | Nov 19, 2023 | Criminal Defense
In Utah, police need probable cause to make an arrest. This means they must have facts that would lead a reasonable person to believe a crime was committed. While witnessing a crime often provides probable cause, it can also come from eyewitnesses, physical evidence,...
by Stone River Law | Nov 19, 2023 | Criminal Defense
Best Answer: Talking to police only after you have consulted with a good criminal defense attorney is usually the best course of action. Often, your attorney will advise you not to answer any questions at all. There may be circumstances in which speaking with police...
