How Bail Words In Utah

Of all the judicial processes in the American justice system, none is more well-known and yet equally misunderstood than bail. Some see it as punishment, while others think of it as an easy way to avoid jail time. Regardless of where you stand, it is important to understand how bail works to ensure you or your loved one is processed fairly.

Proceedings for Bail in Utah

The United States judicial system uses the term “bail” to describe the amount an individual must pay to be released from jail prior to their trial. This amount is meant to serve as an assurance fee that the defendant will appear for trial on the appointed court date. After the trial, regardless of the outcome, the bail amount is usually either fully or partially refunded.

Setting the Bail

Prior to the full criminal trial, the defendant may attend a bail hearing where a judge views evidence from the defendant and judicial officers regarding whether the defendant is eligible for release and what monetary amount is fair bail for the defendant, if any.

The Eighth Amendment to the United States Constitution protects the “rights of the accused.” Of these rights, the defendant has the right to fair bail, meaning the amount set cannot be excessive or beyond the individual’s ability to reasonably pay. The judge at the bail hearing will consider this factor along with additional factors, such as the defendant’s character, employment, mental and physical health, past offenses, flight risk, community ties, and the nature of the accused crime.

Once all these are heard and considered, the judge will decide to set bail or release the individual to a pretrial service or on their own recognizance.

However, the defendant may not have a bail hearing if the crime they are accused of is a common offense committed in the state of Utah. Common offenses in some Utah jurisdictions have non-negotiable preset bail schedules, which allow the defendant to post bail while still in custody.

Posting Bail

You may have heard of someone posting bail, which simply means paying the bail amount. There are various ways to do this through different types of bonds. Cash and poverty bonds mean the defendant pays cash or puts up property as collateral to pay the full bail amount. Surety bonds are another type of bail bond in which the defendant works with a bail bondsman to pay the bail and secure their release.

Conclusion

Though bail is a commonly known term, few understand the process. Understanding how bail works can better prepare you as you work through the judicial system. When you know the process and your rights as a defendant, you can ensure you are processed fairly so you can work toward your release and a better tomorrow.

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