Utah Bail Bond Laws
Utah Bail Bond Laws –Right to Bail: In Utah, most individuals are entitled to bail unless certain conditions apply. Specifically, bail is not granted if the individual is charged with a capital crime. Additionally, bail is unavailable if the person committed a felony while on probation, parole, or while free on bail. Moreover, if substantial evidence suggests that the individual poses a significant danger to others or the community or is likely to flee, bail may also be denied.
Automatic Exoneration:
Firstly, if no charges are filed within 120 days after the bail is posted, the bail bond is automatically exonerated.
Exoneration After Bail Forfeiture:
However, if a defendant fails to appear in court and the bail is forfeited. The bail bond company may still have the opportunity to exonerate the bond by bringing the defendant to court. Importantly, the bail bond company has one hundred and eight days to remedy the situation and avoid forfeiture.
Surrender of the Defendant:
In addition, the bail bond company can surrender the defendant without good cause at any time the bond is satisfied. By doing so, the bail company secures exoneration. The surrendering process involves returning the defendant to custody.
Terms & Conditions of the Bond / Motion for Release: UTAH BAIL BOND LAWS
Furthermore, a bail bond company or surety may file a Motion to Exonerate for several specific violations:
(a) If the defendant or co-signer provides materially false information on the bail bond application;
(b) If the court increases the amount of bail beyond sound underwriting criteria employed by the bail bond agent or surety;
(c) If there is a material and detrimental change in the collateral posted by the defendant or on their behalf;
(d) If the defendant changes their address, telephone number, or employer without giving reasonable notice to the bail bond agent or surety;
(e) If the defendant is arrested for another crime, other than a minor traffic violation, while on bail;
(f) If the defendant is back in jail in any jurisdiction and revocations can be served before the defendant is released;
(g) If the defendant fails to appear in court at any appointed times;
(h) If there is a finding of guilt against the defendant by a court of competent jurisdiction;
(i) If there is a request by the co-signer based on any of the reasons listed above (items (a) through (h)).
It is important to note that items (a) through (h) pertain to the defendant, while items (a), (c), (e), (g), and (i) also pertain to co-signers, if any.
Failure to Appear: – UTAH BAIL BOND LAWS
In the event that the accused fails to appear in court, the bail may be forfeited. Consequently, the bail bond company has one hundred and eight days to bring the defendant to court before the bail is forfeited.
Collateral and Fees:
Moreover, collateral may be required to secure bail bond fees, the bail amount, or both. Standard fees are regulated, and a disclosure form details the terms and conditions.
For more detailed assistance and specific questions about bail, contacting a bail bond agency such as Massey’s Bail Bonds can provide tailored information and support.
Forfeiture of Bail:
Forfeiture of bail occurs when a person on bond fails to meet the conditions set by the court, such as appearing for scheduled court dates. In such cases, the court may seize the bail amount or bond posted as a penalty.
Time for Bringing the Defendant to Court:
If the defendant fails to appear within seven days after a missed court date, the court may not reinstate the bond without the consent of the bail bond company.
Surrender the Defendant: – UTAH BAIL BOND LAWS
Finally, a surety can, at any time before a defendant fails to appear. The Bail Company can surrender the defendant and obtain an exoneration of the bail bond. This is done by notifying the clerk of the court where the bail bond was posted of the defendant’s surrender and requesting exoneration.
Contact Massey’s Bail Bonds for all bail information.