Utah Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify

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Multi-State
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US-02238BG
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Word; 
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Description

It has been held that a court of original general jurisdiction has plenary power (complete power) over its judgments during the term at which they were rendered, and that the court may modify a sentence during that term by reducing the punishment to be served. However, some authorities have held that when a valid judgment and sentence have been rendered, the court has no jurisdiction, after the sentence has been executed in whole or in part, to set it aside and impose a new sentence. A state statute may provide authority for the reduction of a sentence in compliance with the statute's terms.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Upon the entry of a plea or verdict of guilty or plea of no contest, the court must set a time for imposing sentence which may be not less than two nor more than 45 days after the verdict or plea, unless the court, with the concurrence of the defendant, otherwise orders.

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.

Class A misdemeanors: 5 years. Class B misdemeanors: 4 years. Other misdemeanors or infractions: 3 years.

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.

For example, a 402 reduction can allow a Third Degree Felony to be reduced to a Class A Misdemeanor ? going from an ineligible felony to an eligible misdemeanor. During Utah's 2023 Legislative Session, a new bill? HB 174?passed, expanding the circumstances when a 402 reduction can be sought and granted.

A party may not make a motion in a memorandum opposing a motion or in a reply memorandum. A party who objects to evidence in another party's motion or memorandum may not move to strike that evidence. Instead, the party must include in the subsequent memorandum an objection to the evidence.

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.

Felony offenses include such things as arson, murder, or rape. Felonies are also divided into different classes: First Degree, Second Degree, Third Degree, and Capital Offense. These different classes are separated by the severity of the crime and, as a result, have different levels of punishment.

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Utah Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify