If you were arrested for a crime in Utah, you likely wish to post bail so that you can return to your life and prepare for your criminal case. Fortunately, most offenders are permitted to post bail based on the circumstances of their case. However, there are multiple options available for bail, and you must select the option that makes sense for you. If you need assistance posting bail or with your criminal case, contact an experienced Salt Lake City criminal defense lawyer. Criminal defense lawyer Darwin Overson understands the stress of being arrested for a crime and he is here to fight for you. Overson & Bugden, is here to explain the bail process in Utah.
Utah Bail Laws
In Utah, the law states that a person that is arrested or charged with a crime is permitted to receive bail as a matter of right. Bail is a certain amount of money that must be paid to the state in order to have an inmate released from jail. However, there are some circumstances where a person is not eligible for bail. For example, if a person is charged with a capital felony and there is sufficient evidence to support the charges. Other offenses that can prevent the granting of bail include:
- Committing a felony that triggers a probation violation, parole violation, or committing a felony while free on bail for a previous felony
- Felony charges heavily supported by evidence and a belief by the court that the defendant is a danger to the public or is likely to bail jump and flee
- Committing a felony and violating a condition of bail
- Engaging in domestic violence where there is significant evidence to support the charge, and the court believes the defendant poses a risk to the alleged victim
It is important to note that Utah has recently passed regulations that provide a judge with more information about an offender and the crime at issue before setting bail. This means it will become less likely for first-time offenders to be denied bail or be forced to pay an unreasonable amount of money to be released. Alternatively, individuals accused of violent crimes or sex crimes may be less likely to be released on bail.
To learn more about the process of bailing a person out of jail in Utah, you should continue reading and speak with an experienced Lehi criminal defense attorney.
Options for Posting Bail in Utah
While there are multiple jails where an inmate could be held in Utah, the methods for paying bail at each jail remain largely the same. To pay for bail in Utah, a person can use cash, credit or debit cards, checks, written undertakings with sureties, and written undertakings without sureties (subject to court discretion).
To pay bail with a written undertaking means that the inmate was bailed out while agreeing to perform some action like appearing in court. If an inmate is only permitted to bail out with a written undertaking with sureties, it means that an insurer or bail bond agency must take responsibility for the defendant’s duty to appear in court.
Many jails will provide information about how to bail out an inmate. For example, Salt Lake County Jail can be paid by sending bail through a nearby Western Union. It is also possible to pay in person at the jail.
Depending on the method used to pay bail, an inmate can be released within a brief period or a few hours if verification of payment is required. There should not be a concern of staying overnight at the jail unless the inmate was arrested on a weekend, cannot afford to pay, or was arrested late at night.
In some cases, an individual can be released from jail on their own recognizance if the court does not believe the individual will flee, and the individual does not pose a danger to the public or an alleged victim. There are some other factors the court may use to make this determination like the defendant’s prior criminal history and how long the case may last.
The court or magistrate in the case has the discretion to determine whether a defendant can be released on their own recognizance. After being released on their own recognizance, the defendant’s bail can be altered, and the conditions of their release can be modified.
Work with an Experienced Utah Criminal Defense Lawyer to Manage Your Bail
If you need to bail a family member out of jail in Utah, you should contact an experienced Park City criminal defense attorney today. At Overson & Bugden, we are dedicated to providing you with the legal representation that you deserve. To schedule a free legal consultation to discuss your case, contact Overson & Bugden, at (801) 758-2287. You can also contact the firm online.