Utah Criminal Attorney - Felony on Felony Rule
In most criminal cases, the defendant is entitled to have a reasonable
bail set, and to be released while the case is pending if bail or bond
is posted.
Utah's "felony on felony" rule creates an exception to this general
principle, and provides a way for courts to hold a person on even
relatively minor felony charges without bail for the duration of the
criminal case.

If you are facing
felony or
misdemeanor criminal charges in Utah, an
experienced criminal defense attorney can be vital to achieving the
success you need in your case. Based in Salt Lake City, criminal lawyer
Stephen Howard protects his clients rights in cases throughout
Utah.
Contact us today to arrange for a confidential initial
consultation.
What is the Felony on Felony Rule in Utah?
The felony on felony rule in Utah comes from the Utah State
Constitution, Article I Section 8. This section provides a general rule
that all person charged with a crime in Utah shall be "bailable." Utah
Code section 77-20-1 contains similar language, essentially codifying
the constitutional provisions regarding bail. Under both the
constitution and the code, a person who has been charged with a crime
has a right to bail except in certain situations. One of these
exceptions is commonly referred to as the "felony on felony" rule.
Under the felony on felony rule, a person is not entitled to have a
bail set if there is substantial evidence to support a new felony
charge alleged to have committed either while the person was already on
probation or parole for an earlier felony, or while the person was out
on bail while an earlier felony charge was still pending in court.
Under such circumstances, the constitution and the Utah Code provide
that the person may be held in jail without bail.
Misconceptions about Utah's Felony on Felony Rule
Some prosecutors and even some judges seem to be under the
misconception that
Utah's felony on felony rule means that a judge CANNOT order bail or
allow the defendant to be released if the felony on felony conditions
are met. This is simply wrong.
Utah Code 77-20-1 closely follows the language of the Utah State
Constitution in setting forth the conditions under which bail can be
denied. But its language is consistent with the language of the State
Constitution, but is somewhat clearer and more explicit. It states that
a person arrested for or charged with a crime in Utah "shall be
admitted to bail as a matter of right" unless certain exceptions are
met (including the felony on felony rule). But to state that a person
does not have the right to bail under the felony on felony rule is not
the same as stating that the court cannot grant bail if bail is
justified under the circumstances.
By way of analogy, consider how probation is treated under Utah law. At
sentencing in a criminal case, the defendant does not have a RIGHT to
probation. Yet, the court can grant the privilege of probation if the
circumstances justify it. Similarly, while a defendant may not have a
RIGHT to bail in a felony on felony case, the court should still be
able to grant the privilege of bail in such a case if the circumstances
justify it.
Getting Bail in a Felony on Felony Case

Felony cases are taken seriously by judges and prosecutors in Utah, and
bail amounts can be high. In a felony on felony case, a person still
has the right to request a bail hearing or bond hearing. But getting
bail set becomes an uphill battle since the person no longer has the
right to bail.
To convince a judge to grant bail or release in a felony on felony
case, you should be prepared to address a number of issues, including:
whether there is "substantial evidence" to support the new felony
charge; whether the defendant is a flight risk; any public safety or
community protection concerns that may be involved in the case;
treatment or counseling options that may be open to the defendant while
the cases are pending; and other factors that may be relevant to the
specific situation.
Finding a Utah Criminal Lawyer in Salt Lake City
The best way to ensure that your rights are protected can be to have an
experienced criminal defense attorney on your side.
Criminal defense
attorney Stephen Howard has extensive experience defending felony and
misdemeanor cases in Utah's criminal court system. His
track record
includes not guilty verdicts and dismissals for some of the most
serious crimes on the books in Utah.
Based
in Salt Lake City, Mr. Howard provides legal services to clients
throughout the state.
Contact us today to arrange for an initial
confidential consultation.
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