New Charges While Out On Bail

What will happen if I pick up a new Utah criminal charge while I am out on bail?

Any time you are charged with a crime in Utah you face the possibility of jail or prison time and other serious consequences. But special concerns come in play if you are arrested on new charges if you are already out on bail on another criminal case. If you have been arrested or have a criminal case pending in Utah, the assistance of an experienced criminal lawyer can be to a successful outcome.

Based in Salt Lake City, defense attorney Stephen Howard has successfully protected his clients' rights in cases throughout Utah. His track record includes not guilty verdicts and dismissals in some of the most serious charges on the books in Utah. Contact us today to arrange for a confidential initial consultation.

Consequences of a Second Arrest

If you are charged with a second criminal offense when you are out on bail, a warrant for your arrest may be issued on the second case. Additionally, the court for the first case may also issue an arrest warrant - even if you have previously posted bail or a bond on the first case. While you are entitled to a presumption of innocence on both the first and second cases, Utah law allows the courts to issue warrants on both the first and second cases.

Bail/Release Options

Bail and release options are similar for both a first and a second criminal case. But picking up a second case while a first case is still pending can mean that bail amounts will be substantially higher. In addition to having to deal with bail on two different cases, each judge is likely to order a higher bail amount than would have otherwise been ordered if only one case were pending. Bail is likely to be at least double (since you have double the number of cases), but may be three or four times higher, or even more.

Even though the initial bail amounts on the new warrants are likely to be higher, you are still entitled to a bond hearing where you will have an opportunity to request a lower bail amount or an "own recognizance" release. But keep in mind that if the court finds that there is good reason to believe that you have committed a new offense while out on bail, the court may be hesitant to give you any reduction.

Salt Lake Options

A person arrested on criminal charges in Salt Lake County has the option of seeking a release supervised by Salt Lake County Pre-Trial Services. Salt Lake County is unique in providing this option. If approved, a person may be released from jail without posting bail or bond. But an arrest while under supervision from Pre-Trial Services will typically result in a revocation request being submitted to the court. Picking up new charges while on Pre-Trial Services supervision will also reduce the likelihood that release will be granted on future cases.

Felony on Felony Rule

Many county prosecutors and judges in Utah follow what is sometimes referred to as the "felony on felony" rule. This rule relates to Article I Section 8 of the Utah State Constitution. This section establishes a general rule that all crimes are bailable (meaning that the court must set a bail amount in most cases). But this section of the State Constitution also provides exceptions, where a person may be held with bail. One of these exceptions provides that a person is not entitled to bail if there is substantial evidence to show that a new felony crime has been committed while the person is either on probation or parole for a prior felony, or was free on bail while a prior felony was pending.

Finding a Criminal Defense Attorney in Utah

If you are facing criminal charges, an experienced Utah criminal defense lawyer can make all the difference. Based in Salt Lake City, criminal attorney Stephen Howard represents clients in felony and misdemeanor cases throughout Utah. He has a record of achieving real results for clients.

Contact us for help with a bail hearing or to schedule an initial consultation with Salt Lake criminal defense attorney Stephen Howard.

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