Monday, May 20, 2013

How to Change Your Felony Conviction to a Misdemeanor - 402 Motions

A felony conviction can change your life. Consequences of a felony conviction can include:

1.  Losing the right to hold public;
2.  Losing the right to vote;
3.  Losing the right to serve on a jury;
4.  Losing the ability to have a firearm;
5.  Losing the ability to hold certain licenses and certificates;
6.  Losing job opportunities;
7.  Embarrassment, loss of reputation, and more.

When someone has been convicted of a felony, there is hope of having that felony reduced to a misdemeanor.  In the State of Utah, a felony conviction can be reduced to a misdemeanor either at the time of sentencing, or at the successful completion of probation.  The rules for obtaining this kind of reduction are found in Utah Code Annotated section 76-3-402.  A motion to reduce the offense level of a conviction is commonly referred to as a "402 motion."

In a 402 motion, a person can ask a court to reduce the offense level of a conviction by one level.  For example, someone convicted of a third degree felony could ask to have the conviction reduced to a class A misdemeanor.  With the agreement of the prosecutor, a conviction can be reduced by two levels (i.e. from a 2nd degree felony to a class A misdemeanor.)  Misdemeanor offense levels can also be reduced using this law (i.e. a class A misdemeanor can be reduced to a class B misdemeanor.)

A 402 offense level reduction has many benefits.  In addition to the benefits gained from removing an embarrassing felony from one's record, it can also pave the way for expungement qualification, to remove the conviction completely.  The more serious the conviction level, the more difficult it is to expunge a conviction, and the longer a person has to wait to qualify.  One or two offense level reductions can speed up the expungement process by years.

I have been successful in assisting clients in reducing the offense levels to their convictions using 402 motions, and in helping them expunge their convictions.  If you have questions about this process, give me a call.

97 comments:

  1. It still amazes me the amount of success lawyers have and how much they can help their clients. Especially lawyer like you, I feel like you have a tough job. We had a neighbor that used a Dallas criminal defense attorney and they got lowered from felony to misdemeanor. It totally changed how their life played out. Thank you for posting.

    ReplyDelete
  2. Thanks for sharing! I've been looking for a criminal lawyer in Salt Lake City, but don't know what to look for. Do you have any recommendations?

    ReplyDelete
  3. This comment has been removed by the author.

    ReplyDelete
  4. Thank you for this post! It was very informative and gave me some ideas to help my brother! I just need to find a criminal defense lawyer in Clovis .

    ReplyDelete
  5. I'll have to tell my friend to ask his criminal attorney in Chicago about this. Thanks for your help.

    ReplyDelete
  6. Thank you so much for this information. Do you know where I could find a criminal defense lawyers in Charlottesville Va?

    ReplyDelete
  7. It's important to have criminal attorneys in Roseville CA. The jury has to see both sides of the case.

    ReplyDelete
  8. Nice to find and read your article. It is informative and have worthy piece of information. Should like to utilize it. Many Thanks for sharing.
    GrigsbyLawGroup | Criminal Lawyer Las Vegas

    ReplyDelete
  9. Thanks for this article. Many people seem confused about the process to change a felony to a misdemeanor. I'm glad I was able to talk to my criminal attorney in Auburn about this a few years ago. Thanks again.

    ReplyDelete
  10. Thanks so much for the post. I personally have been in a very similar situation and luckily, I had a great DUIlawyer in Poulsbo, WA on my side.

    ReplyDelete
  11. I never banked on the fact that you could turn over a criminal felony conviction into a lower level offense. I wonder if that works here in Las Vegas for some of our bail bonds clients?

    bail bonds for las vegas

    ReplyDelete
  12. I really appreciate this information. My mother is looking for a good criminal lawyer in Harford County MD. Do you have any suggestions? Thanks.

    ReplyDelete
  13. Have you heard of employment lawyer oakville? It is pretty good I have heard.

    ReplyDelete
  14. I am really interested about criminal lawyers and what they do. Are they the ones working with the criminals and are they okay with what they are doing? I just don't know if I would be able to help a criminal out.

    ReplyDelete
    Replies
    1. It's not that these attorneys actually help "criminals". In the American justice system everyone is innocent till proven guilty, therefor, the people they help are not technically criminals yet. And even then, sometimes they never should have been and they were just some innocent person who got blamed.

      Delete
  15. That sounds really rough. I hope I never need a Minneapolis, MN criminal defense attorney. I guess if I do I know where to look, but I think I'll just try to avoid the situation.

    ReplyDelete
  16. Nice article. I think it is useful and unique article. I love this kind of article and this kind of blog. I have enjoyed it very much. Thanks for your website.
    Utah tax attorney

    ReplyDelete
  17. Keep the balls rolling!! Nice posts you have given for us.
    fairfax lawyers

    ReplyDelete
  18. My husband and I have been looking for a new lawyer. At my husbands work he is not being treated fairly anymore. We don't think what the company is doing is right. Is there a lawyer someone can recommend?

    ReplyDelete
  19. The vital information in this blogs has allured me.
    dwi ny

    ReplyDelete
  20. Wonderful, just what a blog it is! This blog has provided the helpful data to us continue the good work. ny central booking

    ReplyDelete
  21. I would unquestionably provide ten out of ten for such incredible content.bubblegum casting reviews

    ReplyDelete
  22. You are doing the very nice job guys by your efforts people will get much knowledge on the latest things well. check this site out

    ReplyDelete
  23. Your content shows the power, I’m about to add this to my bookmarks.

    useful link

    ReplyDelete
  24. Hey buddies, such a marvelous blog you have made I’m surprised to read such informative stuff.
    Continued

    ReplyDelete
  25. Now this is in actual fact cooperative. It’s very openhanded of you to share this with us.read here

    ReplyDelete
  26. Superb posts with lots of information!!! This is really the most miraculous blog site dude….

    credit repair

    ReplyDelete
  27. I suppose I've selected an unbelievable and interesting blog. phlebotomy training course

    ReplyDelete
  28. I am surprised why other specialized don’t perceive your site I’m greatly cheerful I discovered this.
    life insurance costs

    ReplyDelete
  29. Reduction of a criminal offense is probably the sweetest thing you can hear in court. (Except complete dismissal of charges.) It seems strange that people may lose various rights after a conviction. Perhaps those punitive measures should be mentioned along with any jail sentence.

    Paul | attorneyastor.com

    ReplyDelete
  30. Your blogs and each of its stuff is so pleasurable and valuable it is making me come back soon. best remington electric shavers

    ReplyDelete
  31. I agree. You have made the nice blogs with the great info in the contents.

    click here

    ReplyDelete
  32. Well to be honest the articles and the blogs are really appreciative.
    braun series 7 790cc pulsonic shaver system review

    ReplyDelete
  33. Cool blog site friend I'm about to suggest this to all my listing contacts.

    recipes for salad

    ReplyDelete
  34. You people have actually provided the best blogs that are easy to understand for the folks. 2007 mens summer fashion

    ReplyDelete
  35. It's been good to see your blog when I always look for such type of blogs. It’s great to discover the post here.
    buy like

    ReplyDelete
  36. You hit realize out of the most other topics. buy facebook likes

    ReplyDelete
  37. The blog with the best stuff is provoking the people to give the good remarks.
    protect america security reviews

    ReplyDelete
  38. healthy diet planThe quality of your blogs and conjointly the articles and price appreciating.

    ReplyDelete
  39. Fantastic work guys I’m a die-heart fan of your web site.
    adt reviews

    ReplyDelete
  40. I think I have never seen such blogs ever before that has complete things with all details which I want. So kindly update this ever for us.
    online tutoring

    ReplyDelete
  41. exposed skin care reviewsIt's been good to see your blog when I always look for such type of blogs. It’s great to discover the post here.

    ReplyDelete
  42. Hey to everyone, it’s my first visit of the blog site; this blog includes awesome and actually best info for the visitors. Best Electric Shaver

    ReplyDelete
  43. You fully match our expectation and the selection of our data. payday loan kentucky online

    ReplyDelete
  44. This is good to know. I think that a lot of people don't really realize that they can change how things look on their record. All it takes is a good lawyer in order to do this. Some people don't take the time to get things sorted out and try to fight for themselves in legal situations like this.
    Gary Puntman | http://drugattorneyforhouston.com

    ReplyDelete
  45. I had no idea that criminal offenses could be reduced through certain legal processes. It sounds like whether or not it works depends on the kind of case it is. I can see how a lot of people would try to use this process so that their consequences wouldn't be quite so severe for them.
    Andre Franklin | http://www.surreycriminallawyer.com/en/

    ReplyDelete
  46. If you really desire to get such type of information, visit this blog quickly. payday loan advance

    ReplyDelete
  47. I've been reading up on some law stuff, and have become interested in the work of criminal defense lawyers. I think it would be exciting to be one. I've thought about it, but the only thing stopping me is the amount of school it requires. http://www.lawyerfrederickmd.com

    ReplyDelete
  48. You have really done the brilliant work dude!! I’m looking forward for more, hope you will never disappoint me. magma rda clone

    ReplyDelete
  49. It's not my very first time to visit this blog; I’m visiting this daily and acquire superb info from here day by day. online tutoring service

    ReplyDelete
  50. Whatever you have provided for us in these posts really appreciative. home security systems reviews

    ReplyDelete
  51. Whatever you have provided for us in these posts really appreciative. home security systems reviews

    ReplyDelete
  52. I am so glad that I have never gotten a felony charge before. I got a class B misdemeanor when I was in college for a really dumb prank that we decided to pull. It would have been so much worse to have a felony on my record for the rest of my life though. http://www.rbattinglaw.com/en/

    ReplyDelete
  53. I didn't realize that there are different levels of penalties for committing a crime. I personally have never been involved in anything illegal, but that doesn't mean that I might not be wrongly accused at some point. It can happen to anyone. If that does happen, I hope it's a misdemeanor rather than a felony. If it is a felony, I'll be sure to show my lawyer these helpful tips on getting it reduced. Thanks
    Rae | http://www.jamesdostal.com/about_us.html

    ReplyDelete
  54. I had no idea that a 402-motion existed. Do other states have an option like this as well? I'm also curious if there are certain felonies that can't be reduced to misdemeanors. For example, are cases involving sexual violence reduced or kept as felonies, if deemed a felony in the first place? http://www.lawyerfrederickmd.com

    ReplyDelete
  55. Your blogs and its stuff are so notable and worthwhile it can make me return. credit repair services

    ReplyDelete
  56. credit repairAmiable articles and the blogs really helped me a lot, thanks for the valuable information.

    ReplyDelete
  57. Amiable articles and the blogs really helped me a lot, thanks for the valuable information.vagina surgery before and after

    ReplyDelete
  58. Thanks for the information! I have a friend who is faced with felony charges. It's a relief to know that there is a way to change them to a misdemeanor. I'm helping my friend look for legal help right now, so I hope that the lawyer I find for him will be able to change his charges to a mere misdemeanor.
    Paul O. Herman http://www.c4legal.com

    ReplyDelete
  59. congratulations guys, quality information you have given!!! How to burn belly fat

    ReplyDelete
  60. I love all details that you give in your articles. hajj package

    ReplyDelete
  61. You guys out there are performing an enormous job.

    hajj tours

    ReplyDelete
  62. Thanks guys, for sharing this conductive collected data at one place.
    Sarees

    ReplyDelete
  63. Thanks for sharing out such a great informative content are extremely fastidious.
    Pakistani clothes

    ReplyDelete
  64. elevator shoes
    Living it up; living advertisement statesman n a lot more.

    ReplyDelete
  65. lifeshield security
    I hope you will share such type of impressive contents again with us so that we can utilize it and get more advantage.

    ReplyDelete
  66. Best beef jerky
    I see the greatest contents on your blog and I extremely love reading them.

    ReplyDelete
  67. My brother has been looking for a criminal defense lawyer and I think this information will be very helpful to him and others in a similar situation. I didn't know any of these things and I find it to be very interesting. I've never had trouble with the law and I plan on keeping it that way. http://www.wilcoxlaw.ca

    ReplyDelete
  68. best remington shaver review
    I am definitely coming back again for additional contents of yours.

    ReplyDelete
  69. I’m glad to locate so much of informative data in your blog.
    Cosmetic Dentist reseda

    ReplyDelete
  70. credit repair companies
    A great job you have already done. I’m really delighted to see your amazing work.

    ReplyDelete
  71. NY Medicaid fraud attorney
    Good blog along with the excellent quality stuff and I’m sure this will be greatly helpful.

    ReplyDelete
  72. I think that it's good to be in touch with a criminal lawyer before trying to switch your felony to a misdemeanor. It will be beneficial to you to have the extra help by someone who knows what they're doing. http://www.russolawyers.com.au/services/criminal-law

    ReplyDelete
  73. unknown caller
    Your articles and blogs are inspirational.

    ReplyDelete
  74. I think I have never seen such blogs ever before that has complete things with all details which I want. So kindly update this ever for us. http://blclawcenter.com

    ReplyDelete
  75. I want to say thank to you people for this great and helpful info. Thanks!!! BLC

    ReplyDelete
  76. seo company

    Guys you did great work. I’m very pleased to say that these are wonderful articles and blogs. Thanks for this.

    ReplyDelete
  77. compare auto insurance rates
    Your website is terribly informative and your articles are wonderful.

    ReplyDelete
  78. write my essay
    I think I have never seen such blogs ever before that has complete things with all details which I want. So kindly update this ever for us.

    ReplyDelete
  79. I was convicted of a felony when I was 18. It has been holding me back for years, and I have had enough. I am sick of watching less qualified individuals advance in the workplace over me. I am going to file one of these 402 motions the first chance I get.

    http://www.brianwalkerlawfirm.com

    ReplyDelete
  80. Rolex Replica
    The problem is that you provide may be worth our time and also effort.

    ReplyDelete
  81. Get More Info
    I absolutely feel delighted once I realize articles appropriate to my work and my subject.

    ReplyDelete
  82. Well, it’s a nice one, I have been looking for. Thanks for sharing such informative stuff. payday loans in virginia

    ReplyDelete
  83. Excellent quality articles are here. This is good site with useful info. trial

    ReplyDelete
  84. Stupendous blog you guys have provided there, I will absolutely valuate your effort.
    lifestyle definition

    ReplyDelete
  85. It's really interesting that legal offenses can be reduced by one to two levels with this kind of motion. I imagine it'd help to have a good lawyer that could help walk you through the process. There are a few people I knew back in high school that have gotten in quite a bit of legal trouble since graduating. I'm curious if any of them ever tried this.
    Keara | http://www.ormeslawoffice.com/Services/

    ReplyDelete
  86. This is really quite informative blog such qualitative info I have never seen anywhere.
    lifestyle fitness

    ReplyDelete
  87. Your way to enlighten everything on this blog is actually pleasant, everyone manage to efficiently be familiar with it, Thanks a great deal. Cyber sex crimes lawyer

    ReplyDelete
  88. Thanks for the information! I have a friend who is faced with felony charges. It's a relief to know that there is a way to change them to a misdemeanor. I'm helping my friend look for legal help right now, so I hope that the lawyer I find for him will be able to change his charges to a mere misdemeanor. drug lawyers sydney

    ReplyDelete
  89. A great job you have already done. I’m really delighted to see your amazing work. cosmetic dentist

    ReplyDelete
  90. These blogs are quite incredible that have provided the best knowledge.
    does car insurance drop when your child turns 21

    ReplyDelete
  91. I am truly appreciative to the owner of this website who has shared this nice article at this wonderful place.
    affordable whole life insurance

    ReplyDelete
  92. I am so glad that I found this article. I was convicted of a felony a few years ago, and it is preventing me from obtaining employment. I didn't even know that about 402 motions. If I could get the charge reduced to a misdemeanor, I know that I will be able to get a job. I am going to call a criminal defense attorney right away.

    http://www.mississaugacriminallawyer.net/

    ReplyDelete