Utah’s legal system has seen a significant shift in 2025 with the passage of House Bill 226 (HB226), a law that amends the state’s bail statutes to address concerns about flight risk, particularly for individuals not lawfully present in the United States. This change, now codified in Utah Code § 77-20-201, introduces a rebuttable presumption that such individuals are at risk of fleeing the jurisdiction, impacting how bail decisions are made. If you or someone you know is navigating the criminal justice system in Utah, understanding this new law is crucial. Here’s a breakdown of what HB226 means, its implications, and how to protect your rights.

Understanding Bail Presumptions in Utah and Federal Law

Both the Utah Constitution and the Federal Constitution establish a presumption of bail for most defendants, meaning that individuals are generally entitled to pretrial release unless a specific exception applies. In Utah, these exceptions are outlined in the constitution or in statutes like Utah Code § 77-20-201. Common exceptions include cases involving serious crimes, such as capital offenses, or situations where the defendant poses a significant risk to public safety. However, HB226 adds a new layer to this framework by focusing on immigration status as a factor in bail decisions.

HB226: A New Flight Risk Presumption for Illegal Immigrants

Effective as part of the 2025 General Session, HB226 amends Utah Code § 77-20-201 to include a rebuttable presumption that individuals who are not lawfully present in the United States are a flight risk. This means that if a court determines a defendant is illegally in the country, it will assume they are more likely to flee before their trial, potentially affecting their ability to secure bail or the conditions of their release.

This change aligns with broader legislative efforts in Utah during 2025 to address immigration-related concerns in the criminal justice system. For example, HB226 also requires law enforcement to coordinate with federal immigration authorities, such as ICE, before releasing individuals charged with certain crimes, further emphasizing the state’s focus on immigration enforcement.

What This Means for Defendants in Utah

The introduction of this flight risk presumption has several practical implications for defendants:

• Stricter Bail Conditions: Courts may impose higher bail amounts, require additional conditions (like electronic monitoring), or even deny bail altogether if the flight risk presumption isn’t adequately rebutted.
• Burden of Proof on the Defendant: While the presumption is rebuttable, the responsibility falls on the defendant to provide evidence that they are not a flight risk. This might include demonstrating strong ties to the community, such as family, employment, or property ownership in Utah.
• Impact on Legal Strategy: Defendants affected by this law will need to work closely with their attorneys to build a compelling case against the flight risk assumption. This could involve presenting documentation of legal residency efforts, community involvement, or other factors showing intent to remain in the jurisdiction.

How to Challenge the Flight Risk Presumption

The good news is that the presumption is not absolute—it can be challenged. If you’re facing this situation, here are some steps to consider:

1. Gather Evidence of Community Ties: Show the court that you have deep roots in Utah, such as a stable job, family members who are U.S. citizens, or a history of compliance with legal proceedings.
2. Demonstrate Compliance History: If you’ve attended all required court appearances in the past or have no history of fleeing, this can help counter the presumption.
3. Work with an Experienced Attorney: A skilled criminal defense attorney can help you navigate the complexities of Utah’s bail system and present a strong case to the court. In Provo, attorney Jake Gunter offers free consultations and flexible payment plans to assist clients facing these challenges.

Why This Change Matters

The amendment to § 77-20-201 reflects Utah’s broader legislative trend in 2025 to balance public safety with immigration enforcement. While the law aims to address concerns about defendants potentially evading justice, critics argue it may disproportionately affect vulnerable populations, including those with mixed-status families or individuals seeking legal residency. For example, some lawmakers and advocates, as noted in discussions around HB226, have expressed concerns that such policies could lead to unfair treatment of immigrants, even those with legal status like refugees or green card holders.

On the other hand, supporters of the law, including its sponsor Rep. Candice Pierucci, argue that it codifies existing practices and ensures that individuals who pose a flight risk are not released back into the community without proper oversight. A 2025 Deseret News poll found that 86% of Utah voters support deporting illegal immigrants who commit crimes, indicating strong public backing for stricter immigration-related policies.

What to Do If You’re Affected

If you or a loved one is facing charges in Utah and this new bail presumption applies, don’t navigate the system alone. Here’s how to protect your rights:

• Understand Your Status: Confirm whether you’re considered “not lawfully present” under the law, as this will determine if the presumption applies to you.
• Seek Legal Counsel Immediately: An attorney can help you challenge the flight risk presumption and advocate for fair bail conditions. Jake Gunter at Provo Criminal Defense is experienced in Utah’s criminal justice system and can provide the guidance you need.
• Prepare for Court: Work with your attorney to gather evidence and build a case that demonstrates your commitment to staying in the jurisdiction and complying with legal proceedings.

Conclusion: Navigate Utah’s New Bail Law with Confidence

Utah’s 2025 bail law amendment under HB226 introduces a significant change for individuals not lawfully present in the United States, creating a rebuttable presumption of flight risk that can impact bail decisions. While this law reflects the state’s focus on public safety and immigration enforcement, it also underscores the importance of legal representation in ensuring fair treatment in the criminal justice system.

If you’re facing charges and need help understanding how this law affects you, don’t hesitate to reach out for professional assistance. Contact Utah criminal defense attorney Jake Gunter at (801) 373-6345 for a free consultation. With the right legal support, you can navigate these changes and protect your rights.

Learn More About Criminal Defense Lawyer Jake Gunter

For additional insights on Criminal Defense Law and to get to know Jake Gunter better, check out these helpful videos:

• Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
• How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
• What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.

These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.