The Judge. Utah district court judges have enormous discretion to hold people without bail when the crime and facts fit the exception. The rule is that your get bail in Utah under the Utah Bail Statute and the Utah Constitution. The exceptions have now riddled and almost swallowed up the rule.
One Chance at Bail Hearing. You only get one shot at getting bail, so your bail motion must be well thought out and have substantial facts. You can not bring successive bail motions unless there has been a material change of circumstances since your first bail motion was denied.
Where is the Bail Law Found in Utah? In Utah, the right to bail is governed by the Bail Provision of the Utah Constitution and the Bail Statute. See Utah Const. art. I, § 8; Utah Code § 77-20-201.
What is the General Bail Rule in Utah? Under the Utah constitutional Bail Provision, “[a]ll persons charged with a crime shall be bailable.” Meaning the general rule is that you get bail. Bail is presumed.
Exception 1. Danger to Community or Feeing. You can be denied bail if the court finds you a danger to a person, or the community, or will flee the jurisdiction. The court must find 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. See Utah Const. art. I, § 8(1)(c).
Likewise under the bail statute, a criminal defendant charged with a felony can be held without bail if the district court finds that there is “substantial evidence to support the charge” and there is “clear and convincing evidence” that “the individual would constitute a substantial danger to any other individual or to the community” or “is likely to flee the jurisdiction of the court” if released on bail. See exception at Utah Code § 77-20-201(1)(c).
Exception 2. Death Penalty Life Without Parole Offense. A capital felony when there is substantial evidence to support the charge. Utah Code § 
77-20-201(1)(a). Capitol offense are offense where the death penalty applies, or the crime carries a life without parole.
Exception 3. Felony while on Felony Probation/Parole. A felony committed while on parole or on probation for a felony conviction, or while free on bail awaiting trial on a previous felony charge, when there is substantial evidence to support the current felony charge. Utah Code § 77-20-201(1)(b).
Exception 4. Felony Probation Violation. A felony when there is substantial evidence to support the charge and the court finds, by clear and convincing evidence, that the individual violated a material condition of release while previously on bail: Utah Code § 77-20-201(1)(d).
Exception 5. Domestic Violence. A domestic violence offense if: (i) there is substantial evidence to support the charge; and (ii) the court finds, by clear and convincing evidence, that the individual would constitute a substantial danger to an alleged victim of domestic violence after considering available conditions of release that the court may impose if the individual is released on bail. Utah Code § 77-20-201(1)(e).
Exception 6. Injury DUI. The offense of driving under the influence or driving with a measurable controlled substance in the body if: (i) the offense results in death or serious bodily injury to an individual; (ii) there is substantial evidence to support the charge; and (iii) the court finds, by clear and convincing evidence, that the individual would constitute a substantial danger to the community after considering available conditions of release that the court may impose if the individual is released on bail. Utah Code § 77-20-201(1)(f).
Exception 7. Felony Riot Charges [new]. A felony violation of Section 76-9-101 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. Utah Code § 77-20-201(1)(g).
If the complaining witness or victim in the case (however you look at it) wants the defendant to have bail, likely the defendant will get bail. Even if the judge has all the criteria to hold the defendant without bail. Sometimes in domestic violence cases even where the victim/complainant wants bails for the defendant, the judge can still deny it. Victims of domestic violence are notorious for recanting, changing their minds or otherwise caving into the wants of their abusers.
You only get one chance at a bail motion and you bet that the family and defendant are screaming at you to hold the bail hearing at the first chance.
The best option is to wait and prepare properly for a bail hearing for the best chances. Otherwise the defendant will be held during the pendency of their charges and that makes the defense much more difficult. Defending a charge while incarcerated is so much harder to see your client, so much harder to get your client discovery and review video and body camera footage. Everything is harder when you are in jail pending your charges.
