Utah Motion to Remedy Prosecutorial Abuse
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How to fill out Motion To Remedy Prosecutorial Abuse?
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FAQ
Under Utah Code 76-3-402, the level of a conviction may be reduced by a maximum of two steps. This means that even a second-degree felony conviction can be reduced to the misdemeanor level. In order to obtain a two-step reduction, the prosecutor's consent ("stipulation") is required.
Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone.
Among misdemeanors, Class A or Level One crimes are the most serious, incurring fines and jail time of up to one year in most states. Misdemeanors are crimes that are less serious than felonies, both in their commission and their punishment.
You can ask the court to lower the degree of your criminal conviction if you meet the requirements. Sometimes this is called a "402 reduction" or a "402 motion." The name refers to the part of the law that describes the requirements. The law is Utah Code Section 76-3-402.
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.
Utah Rule Civil Procedure 56 - Summary Judgment Under the Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is appropriate when there are no genuine issues of material fact.
You aren't facing any other criminal chargesIf you were convicted, then you can have your records expunged after a certain number of years, depending on the severity of the crime: Misdemeanors under the Utah Traffic Code: 10 years. Felonies under the Utah Controlled Substance Act: 10 years. Other felonies: 7 years.
This rule applies to the dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under paragraph (a)(1) must be made before a responsive pleading is served or, if there is no responsive pleading, before evidence is introduced at a trial or hearing.
