In the last 5 years the Utah Legislature has changed the bail statute plenty.
The latest criminal bail amendment became effective on 05/03/2023 and changed the ability to motion for a modification if you can’t afford the money bail.
OLD LAW PRIOR TO 05/03/2023:
Prior Utah bail law only allowed the criminal defendant or prosecution to move to modify a pretrial bail order IF there has been a material change in circumstances since the original bail order was issued.
Once you argued bail and lost, it was set and stayed set, until and if, a new development occurred in the case meriting a review.
NEW LAW AS OF 05/03/2023:
The new bail law creates an exception to the normal rule that you can’t challenge a prior bail order unless a material change in circumstances occurs.
The money bail exception is the following:
(a). The judge imposed a financial condition as a condition of release in the pretrial status order; and
(b). The defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.
Example 1. Provo No Bail Order. You are charged with Aggravated Assault, Domestic Violence, a felony 3 in the Provo District Court. The initial reviewing judge holds you without bail. At your felony first appearance you lose your bail motion. You will be held without bail until the case is over, unless a material change in circumstance occurs.
Since no monetary bail was set, the exception to the normal bail rule doesn’t apply.
Example 2. American Fork No Bail Order. You are charged with violating a Protective Order, a Class A Misdemeanor in the American Fork District Court. The initial reviewing judge holds you without bail. At your first appearance your attorney argues for bail which is granted at $20,000 bondable. You can’t afford that much bail money, even if bondable.
Because a monetary bail was set, but you can’t afford it, you can challenge the bail amount under the new exception.
Example 3. Spanish Fork District Court Material Change in Circumstances. You are held without bail on a Felony 3 Aggravated Assault against your wife. The initial bail/detention hearing is held and you lose. You are to held without bail until the case is over The case is amended down to Misdemeanor Assault. You can now move the court for bail because there has been a material change in circumstances.
The original material change in circumstances exception applies, not the new money exception.