Utah Bail Forfeitures - Criminal Defense Attorney
Should I agree to forfeit bail on my Utah citation, or go to
court?
It
sounds like a simple solution - no court hearings, no need to hire a
defense
attorney, no probation, no hassle. They tell you that all you
have to do is check a box, sign the form, and send in your check. But
they don't tell you that the bail forfeiture is entered on your record
as a conviction, and will be treated as though you had
entered a
guilty plea. Before making a decision to allow a voluntary bail
forfeiture to enter on a Utah citation, you should consult with an
experienced criminal lawyer to ensure that you understand your rights,
and the consequences of a bail forfeiture.
For many class B and class C
misdemeanor
charges, a
citation may be issued in lieu of the filing of a formal Information in
court. In cases where a citation has been issued, the person cited (the
defendant) may, with permission of the court, voluntarily agree to
waive any court appearances and instead simply agree to voluntarily
forfeit the recommended bail amount.
But under Utah Code 77–7-21, a
voluntary agreement to forfeit bail on a Utah citation is still
considered a conviction, and is treated as though the accused had
entered a guilty plea. While simply forfeiting bail seems like an easy
solution, there are consequences that should be considered before
deciding to take this option.
Contact an
experienced criminal defense attorney before accepting this resolution to your case.
Consequences of a Bail Forfeiture in Utah

A bail forfeiture is treated as though you entered a guilty plea, and
is
considered to be a conviction. This conviction becomes part of your
criminal record, and may show up on a background check or criminal
history report.
A conviction based on a bail forfeiture can have serious
consequences. It may
cause problems in getting a job. It may disqualify you for
expungement
(depending on the nature and extent of any other criminal record you
may have). And it may interfere with your ability to obtain a
402
reduction.
For some minor traffic offenses, it may make sense to
agree to a bail forfeiture. But before doing so, it is important to
understand your rights and the consequences you may face as a result of
this kind of conviction. Consultation with an experienced criminal
defense attorney is vital to making the best decision for your
circumstances.
Finding a Utah Criminal Defense Attorney in Salt
Lake City
Based in Salt Lake City,
criminal
defense attorney Stephen
Howard has extensive
experience defending
criminal charges in Utah.
With a
track record
that includes not guilty verdicts and dismissals on
some of the most serious charges on the books in Utah, he is
well-prepared to protect his clients’ rights.
Contact us today to arrange
for an initial consultation.
RELATED CRIMINAL DEFENSE TOPICS
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entitled to bail under the Utah "felony on felony" rule?Do I need an attorney if it is just a misdemeanor case?
How can I find out if I have an outstanding warrant in Utah?