What Are The Four Most Common Ways That Defendants Can Secure Pretrial Release?
Learn the 4 most common ways defendants can secure pretrial release in Utah. Explore options like personal recognizance, cash bail, surety bonds, & property bonds.
What Are The Four Most Common Ways That Defendants Can Secure Pretrial Release?
Understanding how to secure pretrial release is essential, especially if you or a loved one face criminal charges in Utah. Not only does it affect your freedom pending trial, but it also impacts your ability to participate in your defense. This article will walk you through the four most common ways defendants can secure pretrial release according to Utah laws, using real citations from the Utah Code and examples from real Utah locales.
The Importance of Pretrial Release
First, let’s discuss why pretrial release matters. When you’re accused of a crime, being confined in jail while awaiting trial can have many adverse effects. These include loss of employment, strained personal relationships, and mental health issues. Securing pretrial release allows you to more effectively work with your attorney, like the experienced West Jordan Lawyer Jeremy Eveland, and maintain some semblance of normal life.
1. Release on Personal Recognizance (PR)
What is Personal Recognizance?
Release on personal recognizance (PR) means that you are released from custody without having to pay bail, based solely on your promise to appear for all future court dates. This type of release is usually granted to defendants who have been charged with less severe crimes and who are considered a minimal flight risk.
How Does it Work in Utah?
In Utah, you may be released on personal recognizance under Utah Code Section 77–20–1. This legislation allows the court to grant PR if it believes you will appear for your scheduled hearings and you’re not a danger to the community. For instance, in Salt Lake City, defendants charged with non-violent, low-level offenses have a better chance of being released on PR.
2. Cash Bail
What is Cash Bail?
Cash bail involves paying a specific amount of money to the court to secure your release. If you show up for all your court dates, the money is refunded. If not, the court keeps the money and may issue a warrant for your arrest.
How Does it Work in Utah?
Under Utah Code Section 77–20–4, the court sets a bail amount based on several factors, including the severity of the offense and flight risk. For example, in Provo, judges often set higher bail amounts for more severe crimes. The money serves as an incentive for you to attend all court proceedings.
Practical Example
Consider John, a resident of West Valley City, accused of a serious assault. The judge sets a bail amount of $10,000. John’s family decides to pay this amount in full, and he is released from custody until his trial date.
3. Surety Bond
What is a Surety Bond?
A surety bond involves a third party, often a bail bondsman, who agrees to pay the bail amount if the defendant fails to appear in court. The defendant or their family typically pays a non-refundable fee to the bondsman, usually 10% of the total bail amount.
How Does it Work in Utah?
Utah Code Section 77–20–3 mandates the conditions under which surety bonds may be used. For example, in Ogden, if someone is unable to afford the entire bail amount, a bail bondsman can act as a surety. They charge a fee (often 10%), and the bondsman assumes responsibility for ensuring you appear in court.
Practical Example
Imagine Sarah from Sandy, Utah, who finds herself unable to pay her $5,000 bail. She contacts a bail bondsman and pays a $500 fee. The bondsman pays the bail, and Sarah is released on the condition that she will appear at all her scheduled hearings.
4. Property Bond
What is a Property Bond?
A property bond involves using real estate as collateral for bail. If you own property, you can offer it to the court as a guarantee for your appearance at all scheduled court dates. If you fail to appear, the property can be seized and sold to cover the bail amount.
How Does it Work in Utah?
In Utah, property bonds are less common but still an option under specific conditions set forth in Utah Code Section 77–20–5. This method usually requires that the property’s equity is at least double the bond amount. For instance, in Layton, if a defendant owns a property worth $200,000 with an equity of $100,000, this may be used as a property bond for bail set at $50,000.
Practical Example
Consider Michael from Riverton, who has been charged with a serious crime and faces a $20,000 bail. Michael decides to use his home, valued at $150,000 with $100,000 in equity, as a property bond. The court accepts this, giving Michael his pretrial release.
Misconceptions and Realities
Bail Guarantees Freedom
One common misconception is that bail guarantees freedom until trial. While bail can help secure your release, conditions often accompany it. These conditions may include travel restrictions, regular check-ins with law enforcement, and restraint from contacting certain individuals. Violating these can lead to bail revocation and rearrest.
All Defendants Get Bail
Another misconception is that all defendants are eligible for bail. In reality, bail can be denied if the court deems you a significant flight risk or danger to the community. For severe crimes, judges in Utah have the discretion to hold defendants without bail.
Bail Amounts Are Arbitrary
Some believe bail amounts are arbitrarily set. However, factors such as the severity of the crime, previous criminal history, and flight risk heavily influence judicial decisions on bail in Utah.
Real-World Implications
Practical Scenarios
Imagine you’re a resident of Logan, Utah, accused of a non-violent, low-level offense. You could be a prime candidate for release on personal recognizance, easing your pretrial life. Conversely, if you’re facing more serious charges in St. George, a higher bail amount or a surety bond might be the more likely path to pretrial release.
Community Impact
Securing pretrial release not only impacts the individual but also the community. Defendants who remain in the community can continue their employment, support their families, and contribute positively to society. This has a broader social and economic impact, reducing the strain on public resources like jails and courts.
Legal Support
Having an experienced attorney is critical in navigating these pretrial release options. Lawyers like Jeremy Eveland can provide you with legal guidance, ensuring you understand your rights and responsibilities. To speak with a criminal defense attorney, call Jeremy Eveland Utah Lawyer (801) 613–1472.
Frequently Asked Questions
1. Can any crime in Utah qualify for release on personal recognizance?
Generally, less severe, non-violent crimes qualify for personal recognizance under Utah Code Section 77–20–1. However, the ultimate decision rests with the judge, who considers various factors, including the defendant’s criminal history and flight risk.
2. How does Utah determine the amount for cash bail?
According to Utah Code Section 77–20–4, factors include the nature and severity of the offense, the defendant’s criminal history, flight risk, and potential threat to the community. Judges in Utah cities like Provo and Salt Lake City use these guidelines to set appropriate bail amounts.
3. What happens if I fail to appear in court after posting a surety bond?
Failure to appear results in the court keeping the bail amount provided by the bail bondsman. The bondsman may seek to recover the amount from you, often leading to additional legal and financial repercussions.
4. Can I use a rental property for a property bond in Utah?
Yes, as long as the property meets the conditions outlined in Utah Code Section 77–20–5, including having enough equity to cover at least double the bail amount. The court in Utah will assess the property’s value and equity before acceptance.
Why Understanding Pretrial Release Matters
Understanding the laws and options surrounding pretrial release can drastically alter the course of your legal journey. Educating yourself on these matters empowers you to make informed decisions, ensuring that you can maintain some semblance of normal life while awaiting trial. Knowing your options can also alleviate unnecessary stress and provide better focus on preparing your defense.
Whether you or your loved ones are in Salt Lake City, Provo, Ogden, or another Utah city, being informed about pretrial release options is crucial. Engage with experienced legal professionals to navigate this complex landscape effectively.
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To speak with a criminal defense attorney, call Jeremy Eveland Utah Lawyer (801) 613–1472. Jeremy Eveland 8833 S Redwood Rd West Jordan Utah 84088 (801) 613–1472
The information contained in this article is for information purposes only and is not legal advice. For legal advice, hire a competent lawyer in your jurisdiction.
