BAIL IS PRESUMED UNDER THE UTAH AND FEDERAL CONSTITUTIONS. The default position is that you get bail when charged with a crime in Utah. The following Utah criminal charges, sometimes you will not get bail.
(1). Capitol Offenses, Death Penalty, etc. (2). Life without Parole. (3). New Felony Charges when on Felony Parole/Probation/Bail. (4). Domestic Violence Offenses. (5). DUI/Drunk/Drugged Driving Offenses Causing Death/Injury. (6). Felony Riot (new as of 2020 or so).
Here is who bears the burden of prove, what the burden of proof is and which charges can receive no bail.
(1). Capital Offenses. Bail can be refused when you are charged with a capital felony offense. Utah capitol offenses are life in prison, life in prison without parole, or death. The government must present substantial evidence that you committed the offense to refuse your bail.
(2). Felony Charges When Already on Parole/Probation/Bail. If you are already on felony bail, probation or parole and you are charged with another felony, bail can be refused. The government must present substantial evidence that you committed the offense to refuse your bail.
(3). Certain Statutory Specific Crimes. If you are charged with a crime designated by statute as one for which bail may be denied AND if there is substantial evidence to support the charge AND the court finds by clear and convincing evidence that the person would constitute a substantial danger to any other person OR to the community OR is likely to flee the jurisdiction of the court if released on bail.
Paragraph (3) is further described in Utah’s statutory bail code provision to list DUIs, domestic violence and felony riot.
The Utah bail statute found at Utah Code 77-20-201 gives further details on no bail offense situation and who bears the proof.
(1)DOMESTIC VIOLENCE CHARGES. You can be denied bail on domestic violence charges if a court FINDS:
(a),that there is substantial evidence to support the charge; and
(b)by clear and convincing evidence, that the individual would constitute a substantial danger to an alleged victim of domestic violence if released on bail;
(2).DUI / DRUNK DRIVI NG CAUSING DEATH OR INJURY. You can be denied bail on a DUI charge if the court FINDS:
(a).the DUI offense results in death or serious bodily injury to an individual; and
(b).the court finds: (i) that there is substantial evidence to support the charge; and (ii) by clear and convincing evidence, that the person would constitute a substantial danger to the community if released on bail; or
(3).FELONY RIOT. Charges of felony riot bail can be refused IF: (i) there is substantial evidence to support the charge, and (ii) the court finds, by clear and convincing evidence, that the individual is not likely to appear for a subsequent court appearance.
Arrest. You are arrested with or without a warrant. The police take you to jail. Other times you are not arrested, but allowed to book and release later. Sometimes you are given a citation to appear within 5-14 days at the local justice court.
Booking. You are booked and in-processed into the county jail. The bail commissioner has the following 3 OPTIONS:
(1). Bail Commissioner Releases on Promise to Appear. The bail commission has the authority to release you on your own promise to appear, unless you are charged with a (1). DUI/death/injury, (2). Defined violent felony. (3). Domestic violence offenses, or sexual offenses. (4). Felony riot.
Bail Commissioner. The bail commissioner sets your bail. The bail commissioner is an appointed member of the county sheriff’s department. See Utah Code 17-32-1 and 77-20-102(4).
Magistrate. A judge. See Utah Code 77-20-02.
Own Recognizance Release (“OR”). “OR Release” or “Own recognizance Release” means that you promise to appear and no monetary bail is set.
Cash Only Bail. A cash only bail means cash only will be accepted to pay the bail amount set. If bail is $10,000 cash only, it means someone must have the total amount of bail money to get you released.
Bondable Bail. Bondable bail means that your bail bonds agent will pay submit a bond to secure your release. If your bail is $10,000 bondable, it means that $1,000 or bond is presented to the jail to secure your release. Not the entire $10,000 like in a cash bail.
(2). Bail Commissioner Quotes Bail. On offenses not eligible for release without bail, bail is set by the bail commissioner. A bail commissioner may not fix a financial condition at a monetary amount that exceeds:
$5,000 for an eligible felony offense;
$1,950 for a class A misdemeanor offense;
$680 for a class B misdemeanor offense;
$340 for a class C misdemeanor offense;
$150 for a violation of a city or county ordinance that is classified as a class B misdemeanor; or
$80 for a violation of a city or county ordinance that is classified as a class C misdemeanor.
(3). Bail Commissioner Denies Bail. You are denied bail because of a DUI causing injury/death, a domestic violence offense, a capital offense, or felony riot.
At the first court hearing the judge shall issue a “pretrial status order” releasing the person, providing for bail, or denying bail. The judge can consider nearly any factor before them when deciding how much bail, if any bail is needed to secure the defendant’s appearance in court. The judge can only deny bail under the statutory or constitutional provisions cited above. Even when denying bail, the court still must make findings as to why no bail is appropriate.
The prosecutor can file a motion to refuse bail. The hearing must be held not sooner than 7 days, but not later than 14 days. The alleged victim has a right to be heard at the bail hearing. See Utah Code 77-20-206(6).
Under Utah Rule of Criminal Procedure 9(c)(4)(A) the courts shall release you if no charges are filed against you on the 4th day of your arrest at 3 p.m. The prosecutor can file a motion to extend your arrest for another 3 days with good cause shown.
MODIFYING A BAIL ORDER. UTAH CODE 77-20-207
Once a bail order is issued, it can only be modified “upon a showing that there has been a material change in circumstances.” See Utah Code 77-20-207.
THE UTAH CONSTITUTIONAL BAIL PROVISIONS ARE LISTED BELOW IN FULL BECAUSE OUR CONSTITUTION IS IMPORTANT.
Article I, Section 8. [Offenses bailable.]
(1)All persons charged with a crime shall be bailable except:
(a)persons charged with a capital offense when there is substantial evidence to support the charge; or
(b)persons charged with a felony while on probation or parole, or while free on bail awaiting trial on a previous felony charge, when there is substantial evidence to support the new felony charge; or
(c)persons charged with any other crime, designated by statute as one for which bail may be denied, if there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the person would constitute a substantial danger to any other person or to the community or is likely to flee the jurisdiction of the court if released on bail.
(2)Persons convicted of a crime are bailable pending appeal only as prescribed by law.
Article I, Section 9. [Excessive bail and fines — Cruel punishments.]
Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor.
THE FEDERAL CONSTITUTIONAL BAIL PROVISIONS ARE LISTED BELOW IN FULL BECAUSE THE CONSTITUTION SHOULD BE READ FREQUENTLY.
U.S. Const. amend. VII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
