How Bail Bonds Work in UtahHow Bail Bonds Work

Clients always ask How Bail Bonds work? It’s the most common question asked. Massey’s answer’s that question; & explains the laws that govern the Bonding industry. Now, YOU can better know what to expect!

 

Q.) What is the difference between Bail & Bond?

A.)  
Bail: A monetary amount set by the court to guarantee the accused will appear to every court date up to sentencing.
Bond: A legal document to guarantee the bail amount set by the Judicial Court; if the accused does not appear.

Q.) How is the Bail amount determined?

A.)
Bail is set on a Probable Cause Statement. A Utah Bail Schedule. Criminal history, & ties to the State of Utah.
 Q.) What is a Co-Signer?
A.) A person who indemnifies the bond; signs for the liability of the bail amount set by the judicial court. A Co-Signer financially guarantees; the accused will appear to every court date up to sentencing. 
 
Example:
Bail                                              $50,000                           (Set by the Judicial Court) 
Bond Fee                                   $5,000  – $10,000          (Non refundable; 10%-20% fee) 
Co-Signers Liability                 $50,000                           (No longer liable; after completing all court dates ; up to sentencing)

Terms & Conditions of the Bond

Q.) What are the Terms & Conditions of a Bond?

Loss of a bond will be evident if:

  • (1) The co-signer; defendant provided false information on the Utah Bail Bond application.
  • (2) The Court increases the bond beyond sound underwriting criteria employed by the Bail Bond Agent; Bail Bond surety.
  • (3) The defendant has an address change. Telephone number. Employer without giving reasonable notice to the Bail Bond Agent; Bail Bond Surety.
  • (4) The defendant is arrested for another crime while on bail.
  • (5) The defendant is back in jail in any jurisdiction.
  • (6) Failure by the defendant to appear in court at any appointed times.
  • (7) Finding of guilty against the defendant by a court of competent jurisdiction
  • (8) A request by the co-signer, based on reasons (1) through (8) pertain to the defendant; items (1), (3), (5), (7)  and (9), pertain to the co-signer
   
Q.) What is a Reinstatement of a Bail Bond?
A.) If any of the terms & Conditions of a Bail Bond Agreement are violated the bond can be revoked. A  Utah Bail Bond Company or the judicial court the charges originate can revoke.  A Bail Bond Company can reinstate the bond in most cases depending on the violation. Bonding Companies charge a fee to reinstate the Bond; Massey’s does not.
Q.) Does a Bond Expire?
A.)
  • If criminal charges for the accused are not filed with the judicial court within 120 days 
  • If criminal charges are filed within 120 days the Bond will remain active until the accused is found not guilty, guilty & sentenced or the case is dismissed. 
Q.) What is an Exoneration?

A.)

  • When the accused appears to all court dates.
  • When the terms & conditions of the bond have not been upheld.
  • A Utah Bail Bond Company can file with the judicial court to exonerate the bond.
  • The the Judicial Court can exonerate the bond for violating the terms and conditions of the bond.

Q.) Is There a charge to the Co-Signer if a Bond is Revoked?

​A.) Yes; A Bail Bond Company will hire a Utah Bail Enforcement Agent to apprehension the accused.  Standard Fee’s

 

 For additional information on how bail bonds work, contact Massey’s directly!
​By: Joshua Massey