What is the 402 reduction statute in Utah?

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.

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Motion For Judgment of Acquittal of All Charges

Utah Motion For Judgment of Acquittal of All Charges

Category:

Criminal - Acquittals

State:

Multi-State

Control #:

US-02612BG

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Description

To acquit means to find a defendant in a criminal case not guilty. The decision to exonerate the defendant may be made either by a jury or a judge after trial. A prosecutor must prove the defendant's guilt beyond a reasonable doubt. A decision to acquit means that the judge or jury had a reasonable doubt as to the defendant's guilt. It may be based on exculpatory evidence or a lack of evidence to prove guilt.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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How to fill out Motion For Judgment Of Acquittal Of All Charges?

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FAQ

A motion for a judgment of acquittal can be granted only if no reasonable jury could find beyond a reasonable doubt that the defendant committed the crime charged. This essentially means that the prosecution's evidence is too weak to support a conviction, viewing it as generously as possible.

In the US, the prohibition against double jeopardy provides a hard restriction against re-trial and appeal of an acquittal. The government cannot appeal an acquittal (U.S. v. Sanges, 144 U.S. 310, Ball v. U.S., 163 U.S. 662), and a verdict of acquittal without judgment is also a bar to re-prosecution.

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.

A motion for judgment of acquittal rests on the claim that the evidence at trial was insufficient for a conviction. In other words, the defendant argues that no reasonable jury could possibly find guilt beyond a reasonable doubt.

You must first obtain a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI), before filing a petition to expunge records. Your expungement eligibility will be based upon your total criminal history, not just what has been reported to the Bureau of Criminal Identification.

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.

(a) An actor commits theft by deception if the actor obtains or exercises control over property of another person: (i) by deception; and (ii) with a purpose to deprive the other person of property.

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 Motion For Judgment of Acquittal of All Charges

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Utah Motion For Judgment of Acquittal of All Charges

Description

Related forms

Viewed forms

How to fill out Motion For Judgment Of Acquittal Of All Charges?

Form popularity

FAQ

What is the standard for motion for Judgement of acquittal?

Is Judgement of acquittal appealable?

What is the 402 reduction statute in Utah?

What does Judgement of acquittal mean?

How do I get a misdemeanor expunged in Utah?

Can a felony be reduced to a misdemeanor in Utah?

What is theft by deception in Utah?

What is a 402 reduction in Utah?

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