Please note that this article does not intend to take the place of any government Utah bail laws, this article is strictly for informational purposes and does not provide any legal advice or counsel.
The Right to Bail
According to the Utah Code 77-20-1, Subsection 2, when a person is charged with a crime, they have the right to receive bail, unless in the following cases:
A capital felony, where the court finds compelling evidence to support the charges that have been made.
A felony in which the person has committed a crime while released on probation or parole or having been freed on bail awaiting trial for a previous charge, and when the court has evidence that it is sustainable to support the current allegations being made.
A felony where there is strong evidence that supports the charge and the court finds the evidence is clear and conclusive that the person would be a danger to another person and community, or be a flight risk and flee the jurisdiction if they are released on bail.
Subsection 3 of this Utah code states that anyone who is given bail may be released by a written undertaking (a guarantee) by providing an equal amount of cash bail or with a person's personal recognizance. But, only on the condition that the person will appear for future proceedings pertaining to the case, as well as any other terms that the court or magistrate feels will properly:
Guarantee that the person will show up to their trial
Guarantee the honesty of the court process
Prevent the accused from obtaining direct or indirect contact with any witnesses, if the court feels it's appropriate
And last guarantee the safety of the public
Subsection 4 of this Utah code states that:
Unless otherwise provided, the initial order denied or fixed upon the bail amount will be issued by the magistrate or court that is granting the warrant of arrest.
The magistrate can set the bail concerning the decision that there was probable cause for a warrantless arrest.
The bail commissioner can set bail in a misdemeanor case in agreement with Sections 10-3-920 and 17-32-1 in the Utah code.
When a person is arrested for violating a jail release agreement or jail release order that was issued in unity with section 77-20-3.5 of the Utah code, they can not be released before the accused's first judicial appearance. They may be denied bail by the court, as stated in Subsection 7-20-3.5 (9)or (11) in the Utah Code.
Subsection 5 of this Utah code states that the magistrate will be able to use any information that is contained in:
The information and indictment (accusation)
Any affirmed probable cause statement
Any information that was supplied by the pretrial service agency or
Any other source or record that is considered reliable
Subsection 6 of this Utah code states that:
The proposal to improve the commencing order can be made by a party at any time upon announcement to the opposite party with enough time to permit the opposing party to be prepared for hearing and to allow any victim to be informed and in attendance.
A hearing that is in motion to change may be held in concurrence with a preliminary hearing or any other type of pretrial hearing.
The magistrate or court can rely on any information that has been provided in Subsection (5) and can base it's ruling on evidence that has been provided at the hearing as long as each party is given the chance to present any additional evidence or information that is relevant to bail.
Subsection 7 of this Utah code states that following motions to modify any bail orders can only be made on showing that there has been a physical change in the circumstances.
Subsections 8 of this Utah state code states that an appeal can be taken from a directive of any court that is rejecting bail to the supreme court, which shall review the decision under Subsection (2).
Subsection 9 of this Utah state code states that any arrest or charge for a violation of section 76-5-202, aggravated murder, is a capital felony offense unless:
The prosecutor files a notice of intent not to pursue the death penalty; or
The time for filing the notice to pursue the death penalty has already expired, and the prosecutor has not yet filed a notice to seek the death penalty.
If you would like to instead read the complete and in depth Utah bail laws they can be found on the Utah State Legislature website.
Understanding Utah bail laws is a substantial part of navigating the legal world and attempting to bail yourself or someone else out of jail. If you’ve found yourself in the challenging situation of finding a way to post bail, give Sportsmans Bail Bonds a call at (801) 919-8626 today. We’re happy to help talk you through your options and answer any questions you may have.
