Bail Bonds v. Pre-Trial Services in Salt Lake County
Bail bond companies in Utah provide an important service. Under both
the
federal and state constitutions, a person charged with a crime is
generally entitled to a reasonable bail. But in many cases, a person
may not be able to afford the full amount of even a "reasonable" bail.
For a fee, bail bond companies can post a bond on behalf of the
defendant, allowing the defendant to be released from jail while the
case is pending.
But a bail bond company is not always the best
or most cost-effective method of securing a release from jail. (An
experienced
criminal defense attorney can help you determine the best
way to address an arrest warrant or possible release from jail.) In
some cases, a defendant may not be able to afford the costs of using a
bail bond company.
In Salt Lake County, the courts may order a
person released under the supervision of
Pre-Trial Services. This
county agency plays an important role in the criminal justice system.
Criticisms of the Costs for Pre-Trial Services
Salt Lake County Pre-Trial Services is a county government agency,
funded by
taxpayer dollars. Some critics argue that when the function of a bail
bond company is replaced by a government-funded pre-trial release
system, taxpayers are required to shoulder additional costs - not only
for the county pre-trial services system itself, but also for the
additional costs of locating and arresting fugitive defendants who fail
to appear at required court hearings.
Critics note that when a
bail bond company posts a bond on behalf of a criminal defendant, the
bail bond company takes on financial risks associated with the
possibility that a defendant may flee or otherwise fail to appear in
court as required. When a defendant fails to appear, the bail bond
company may be required to forfeit the amount of the bond posted on
behalf of that defendant. In order to avoid having to forfeit that bond
amount, the bail bond company will attempt to locate and apprehend the
fugitive defendant. If the bail bond company can bring the defendant in
to court prior to the expiration of the forfeiture period, the bail
bond company will not lose its bond.
Critics also note that when
a defendant who has been released through a pre-trial release program
fails to appear at a required court hearing, law enforcement officers
(police, sheriff, highway patrol, etc.) are tasked with locating and
arresting the fugitive defendant. Thus, tax payers end up footing the
bill both for the pre-trial release system and also the costs of
apprehending fugitive defendants.
While there is some legitimacy
to the arguments presented by these critics, these arguments fail to
recognize the financial and social costs of NOT having a
pre-trial
release system.
Many people who are arrested for non-violent
offenses pose little or no threat to the public. And even in cases
where a bail amount is set at a relatively low amount, there are many
people who do not have the financial reserves either to post a cash
bail or to pay a bond company to post a bond on their behalf. Without a
pre-trial release system, these non-dangerous offenders would either be
held in jail until their cases were fully resolved (often for weeks or
months) or would be released without any supervision due to jail
overcrowding or on an "own recognizance" release.
Incarcerating
non-violent non-dangerous offenders in jail while awaiting court or
trial can cost taxpayers thousands of dollars. The current Salt Lake
County Jail faces overcrowding issues daily. Building additional jail
space to house these additional individuals would require millions of
taxpayer dollars to cover both construction and operating costs.
In
addition to the financial costs, social costs associated with this kind
of incarceration should also be considered. Many people arrested for
minor offenses are hard-working employees, dedicated mothers and
fathers, students, etc. Holding these people in jail unnecessarily can
result in lost productivity for employers, significant disruptions for
families, and poor school performance which can have long term affects
on a person's education and future employability.
Salt Lake
County Pre-Trial Services also does more than just "release" people
from jail. Persons arrested for criminal activity are often struggling
with substance abuse, mental health issues, or other problems. While a
person is under the supervision of Salt Lake County Pre-Trial Services,
they can be required to participate in a variety of programs. A
defendant can be required to undergo rug testing to monitor
sobriety. The court may also require a defendant to participate in an
assessment process to determine appropriate treatment recommendations.
While
the critics of Pre-Trial Services may point out the costs associated
with the program, they often fail to recognize the benefits and cost
savings that can result from the program when it is effectively managed
and administered. Both sides must be considered in properly evaluating
the costs and benefits of the program.
Finding a Utah Criminal Defense Attorney in Salt
Lake City

If
someone you care about has been arrested, hiring the
right
criminal defense attorney
can be the key to achieving the best outcome for the case. Before
making any decisions in a criminal case, it is critical to consult with
an
experienced
criminal lawyer.
As a
Utah
criminal lawyer
based in Salt Lake City, Stephen Howard has successfully handled
criminal cases ranging from DUI to homicide, and virtually everything
in between.
Contact
us today to
schedule confidential consultation.