Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now for help protecting your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Criminal Procedures in Utah - Jail Booking and Release

A person charged with a crime in Utah is often booked into jail, even before formal charges are filed with the court. In most cases, the defendant is entitled to a reasonable bail amount. An experienced Utah criminal defense attorney can help you explore other options for release from jail. Contact us today to schedule an initial consultation with Stephen Howard.

Jail Booking

A person charged with a crime in Utah will usually be required to go through a formal jail booking process. Often, this booking process occurs when the person is arrested prior to the filing of formal criminal charges. But in cases where a summons is issued without a prior arrest on the case, a person may still be instructed by the court to report to the jail to go through a "book and release" process. The formal booking process allows the court to assign an OTN (offense tracking number) to identify the person charged as the defendant. In some courts, the judge may allow the person to be fingerprinted by court bailiffs or a local police department rather than go through a formal jail booking.

"Reasonable Bail"

Constitutional protections require that a defendant, in most cases, be allowed a "reasonable" bail amount. When determining a bail amount, a court is legally required to consider what is reasonably necessary to ensure the defendant's appearance in court, to ensure the integrity of the court process, to prevent direct or indirect contact with the victim or witnesses, and to ensure the public safety.

There are legal exceptions, when a court may deny bail, and may hold a defendant in custody without any possibility of posting bail. These exceptions include: charges for a capital felony (aggravated murder); "felony on felony" cases (when a defendant is accused of committing a new felony crime while on felony probation or parole or while awaiting trial on an earlier felony charge); and any felony charge where there is clear and convincing evidence that, if released on bail, the defendant would pose a substantial danger to another person or is likely to flee the jurisdiction.

After an initial bail amount is set by a court, a defendant may request a bail hearing (bond hearing) to request a lower bail amount. To convince a judge to lower the bail amount, it is helpful to present information demonstrating that the defendant is not a flight risk and is not a threat to anyone in the community. It can also be helpful if the defendant can demonstrate that substantial hardships will be suffered by the defendant or others if the court does not lower bail.

Cash Bail

In some cases, a judge may order a "cash-only" bail. But whether the bail is set as cash-only or bondable, a defendant always has the option of posting a cash bail. The biggest advantage to posting a cash bail is that the bail amount posted is fully refundable, assuming that the defendant appears at all required court appearances. If a defendant fails to appear, the bail may be forfeited. Money paid to a bail bond company is not refundable. (Note that in most circumstances, bail can be posted by credit card and still be considered a "cash" bail.)

Bail Bonds Companies in Utah

If the bail amount is higher than a defendant can post in cash, the defendant may have the option of having a bail bond posted through one of Utah's many bail bond companies. By statute, a bail bond company is required to charge at least 10% of the cash bail amount, plus administrative and processing fees. Money paid to a bail bond company will normally be non-refundable, even if the defendant appears at all required court appearances.

Own Recognizance ("OR") Release

In rare cases, a judge may agree to allow a person to be released from jail without posting bail and without supervision. In order to obtain an "own recognizance" release, a judge must be convinced that the defendant is not a flight risk and is not a threat to the community. Even then, most judges will require more before seriously considering an OR release.

Pretrial Services Release (Salt Lake County Only)

A person booked in the Salt Lake County Jail may be released before seeing a judge and without posting bail or bond, if Salt Lake County Pretrial Services supervises the release. A person released under the supervision of Pretrial Services will be required to check in regularly with the agency, may be required to submit to testing for drug or alcohol use, may be required to participate in counseling groups for substance abuse or other appropriate issues, and other conditions deemed appropriate.

Next:
Felony Court Procedures or Misdemeanor Court Procedures
Previous: Arrest / Citation / Summons
Main: Outline of Utah Criminal Case Processes

Choosing a Utah Criminal Defense Attorney in Salt Lake

If you have been charged with a crime in Utah, the best step you can take is to hire an experienced criminal defense attorney. Experienced representation can be critical to ensuring that your rights are protected.

Based in Salt Lake City, criminal defense lawyer Stephen Howard has extensive experience defending criminal cases in Utah ranging from murder to DUI, and from white collar crimes to serious felony drug charges. His track record includes not guilty verdicts, dismissals, and appellate reversals in cases including kidnapping, aggravated robbery, burglary, forgery, theft, drug charges, DUI, white collar crime, and many more.

Contact us today to arrange for an initial consultation with Mr. Howard. See what an experienced attorney can do for you.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Minor Possession Alcohol - MIP AttorneyDismissed - Minor in possession charge (MIP) was dismissed by prosecutor when defense analysis demonstrated that the police had failed to obtain necessary evidence against client. Police had raided a large party involving underage drinking. Several individuals were charged, but police did not obtain evidence showing that client had personally consumed or possessed alcohol. Case was dismissed.
  • Utah Expungement Attorney Expungement - Worked to restore client's expungement eligibility through 402 reduction process, then filed successful expungement petitions in multiple courts obtaining expungement orders and clearing client's official criminal history.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.