Bail Hearing Attorney in
Utah - Criminal Defense Lawyer
When a person is arrested in Utah or charged with a crime, a bail
amount will usually be set. Posting bail, either in the form of a cash
bail or through a bail bond, will
allow a person to be released from jail while the case is
pending. Before posting bail, it is advisable to consult with an
experienced Utah
criminal
defense lawyer. Salt Lake criminal attorney Stephen Howard
has handled bond hearings in cases ranging from homicide to DUI.
Contact us today for an initial consultation.
Determining Bail Amounts in Utah Criminal Cases
Both the Utah State Constitution (Article I, Section 9) and the United
States Constitution (8th Amendment) prohibit "excessive" bail
amounts. In Utah courts you are entitled to a bail hearing
(sometimes called a "bond hearing") to request that the court reduce
the amount of the bail that must be posted.
For some offenses, the court will initially set a bail amount
based on the Utah Uniform Bail Schedule. In other cases, the
court will set the initial bail amount based on the amount requested by
the
prosecuting attorney.
Purpose of Bail in a Utah Criminal Case
Part of the purpose in requiring a criminal defendant to post a bail is
to ensure that person's appearance at all required court
dates. But Utah courts will also consider risk to the
community in determining what an appropriate bail amount should
be. If you can demonstrate to the court that you are not a
flight risk and that you do not present a risk to the community, the
judge may be willing to substantially reduce the amount of bail
required to be posted.
Options for Posting Bail in Utah Criminal Cases
There are several options for release while your Utah criminal case is
pending. Immediately posting a bail or going through a bond
company may not always be your best option. A judge may allow
a person to be released without bail. This is sometimes
referred to as being released on your "own recognizance" or an "OR"
releaser. In
Salt Lake County,
Pre-Trial
Services may also provide an avenue for
release without posting a cash bail or going through a bond company.
Forfeiting Bail in Utah
Because a part of the purpose of the bail requirement is to ensure the
defendant's appearance in court, Utah law provides that bail amounts
posted may be forfeited (not refunded) if a defendant fails to appear
at a required court hearing. If a cash bail has been posted, the person
posting that bail may lose the entire sum. A bond company who has
posted a bond on behalf of the defendant may be required to pay the
bond amount. Forfeiture may be avoided if the defendant is brought back
to appear before the court within the required time period.
Finding a Criminal Defense Attorney in Salt Lake City, Utah
You should consult with an attorney before making any decisions, to
make sure that you have considered all your options. If you
decide to ask the court for a bail hearing to reduce your bail, an
experienced criminal defense attorney can help you present your case in
the way most likely to get results.
Based in Salt Lake City,
criminal
defense attorney Stephen Howard offers legal services to
clients throughout Utah.
Contact
us to schedule
an initial consultation with an experienced
Utah
criminal defense lawyer.