What Being Released and “Out on Bail” Really Means in Utah 

Bail is designed to mitigate the potential risk factors that a defendant may have and incentivize them to appear in court for their trial.

As mentioned in previous blogs, courts in Utah accept several types of bail bonds for posting bail and securing release. In brief, these are:

• Cash Bonds - paying the full bail amount in cash directly to the court
• Property Bonds - offer an owned property as collateral for the bail amount
• Surety Bonds - hiring a bail bond agency to post the bail amount for a fee

A defendant can also be released on recognizance, meaning the court doesn't set a bail amount and trusts the released defendant to return for their trial on their own merit.

Someone "out on bail" in Utah has been released from jail under certain conditions, with the expectation that they will return for their scheduled court dates. After release, defendants may be required to do one or more of the following as mandated by the court:

• Maintain employment
• Avoid contact with specific individuals
• Refrain from using drugs or consuming alcohol
• Avoid activities that may lead to new arrests
• Check-ins regularly with law enforcement or pretrial services (i.e., drug or alcohol rehabilitation or other programs.)
• Maintain contact with their bail bond agent or the court
• Inform the court and their bond agent of any changes to their address, phone number, or employment status
• Adhere to travel restrictions

If an individual fails to meet any of these conditions as set in their bail agreement or willfully fails to appear for trial, the court may take a few different actions.

The court may choose to revoke the bail. If this happens, a warrant is issued for the defendant's arrest, and the individual returns to jail to await trial.

This particular action may occur if the defendant used a surety bond. In the case of a bail forfeiture, the bail bond agency, like Utah Bail Bonds, may be responsible for paying the full bail amount. If the forfeiture occurred because the defendant did not show up to court, the agency may be given time to find the defendant and bring them to court before the forfeiture is final. However, the defendant will likely face additional charges for jumping bail.

The court may choose to fine the defendant, revoke the release and issue an order of detention, modify the release conditions, or prosecute the defendant on available criminal charges.

In Utah, an individual out on bail has specific requirements to follow before their trial in court. They could face severe consequences if they fail to meet the conditions of their bail. However, if the defendant is diligent and follows the advice from their bond agent, they may proceed smoothly through the trial process and be on their way to building a better future.