Utah Criminal
Lawyer -
Bail Reduction Hearings
Before pulling out your checkbook or credit card and posting bail or
going to a
bail
bonds company in Utah, you should speak with an experienced
criminal defense attorney to ensure that you understand the options you
have. There may be cheaper alternatives that can save you thousands of
dollars. Understanding your options can help you make the best decision.
As an
experienced Utah
criminal defense attorney
based in Salt Lake City, Stephen Howard has assisted clients in
securing release from jail in a wide variety of
felony
and
misdemeanor
cases, saving them thousands of dollars.
Contact
us today to schedule an initial consultation.
Constitutional Right to Bail in Utah

Article
I Section 8 of the Utah Constitution guarantees to
each person charged with a crime the right have bail set by the
court. Under the United States Constitution's Eighth Amendment, the
bail amount set must be reasonable ("excessive" bail is prohibited).
The Utah constitution does provide for exceptions to the right to bail,
including: capital cases (aggravated murder); new felony crimes
committed while on probation, parole, or while on release for a pending
felony; or when there is clear and convincing evidence that the
person's release would pose a substantial danger to another person or
the community, or that the person is likely to flee if released.
Bail Reduction / Bond Hearings in Utah
While our constitutions guarantee that bail should be set in most
cases, the amount set initially by the court may be more than a person
can afford or more than is necessary to secure the defendant's
appearance. When a criminal case is initially filed in the Utah court
system, the
judge will determine the initial bail amount based only on information
presented to the court by the prosecution. Utah law provides that a
defendant is entitled to a hearing to determine whether the initial
bail amount is appropriate and to give the defendant an opportunity to
present arguments supporting the request for a bail reduction.
Factors considered by a court in determining whether to grant a bail
reduction can include: the severity and nature of the crime;
the defendant's criminal history; the defendant's current employment
status; opportunities for treatment (drug or alcohol abuse, domestic
violence, anger management, etc.); the defendant's housing situation;
the defendant's ties to the local community (as it relates to flight
risk); potential risks to the community or alleged victim; and other
factors considered relevant by the court. An experienced criminal
defense attorney can help present your case to the court in a
convincing manner.
Options for Obtaining a Release from Jail in Utah
Posting
a cash bail is only one option for securing your release from jail
while a criminal case is pending in Utah. Other options
include a
supervised
release,
release on your own
recognizance, or posting a bond through a
bail bonds company.
If your case is filed in a court in Salt Lake County, you may be
eligible for release through
Salt Lake
County Pretrial Services.
While a cash bail will be refunded by the court once the criminal case
is concluded (assuming that the defendant has appeared at all required
court hearings), fees paid to a bail bond company are not
refundable. Even if bail cannot be reduced to a level where a
defendant can post a cash bail, obtaining a bail reduction prior to
contacting a Utah
bail bond company can potentially save thousands of dollars in
non-refundable fees.
Finding a Criminal Defense Attorney in Utah

Based in
Based
in Salt Lake City, criminal defense attorney
Stephen Howard provides services to clients throughout Utah. He has
successfully protected his clients' rights in thousands of serious
felony
and
misdemeanor
cases. His
track record includes not
guilty verdicts, dismissals, and appellate reversals in some of the
most serious charges on the books in Utah.
Contact us today to
schedule an initial consultation.