If your loved one has been incarcerated at the Summit County Utah Jail, you’re probably interested in bailing them out as soon as possible. However, Utah law restricts the types of inmates which are eligible for release on bail. Who qualifies? How do you pay? What happens if the inmate jumps bail and never comes back for their court date? Park City criminal defense attorney Darwin Overson explains all the information you need to know.
Are All Inmates Eligible to Be Released on Bail?
You can bail an inmate out of the Summit County Utah Jail provided the inmate is eligible for release. Not all inmates qualify due to certain restrictions in Utah’s laws. You cannot bail someone out of jail if any of the following statements apply:
- The inmate has been charged with a capital felony, i.e. a felony punishable with the death sentence. The only capital felony in Utah is aggravated murder.
- The inmate committed a felony crime, such as rape or kidnapping, while they were on parole or probation.
- The inmate committed a felony crime, and violated the rules of their release the last time they were out on bail.
- The inmate committed a felony crime, and is deemed to be:
- A flight risk, i.e. someone who is likely to try and escape law enforcement once they are released.
- A risk to public safety, i.e. someone who is likely to commit violent crimes like aggravated assault.
There must also be “substantial evidence” supporting the decision to deny bail in all of the above scenarios. This is provided by Section 77-20-1 of the Utah Code of Criminal Procedure.
In addition to the prohibitions on bail for felony defendants, there are also some special restrictions on people charged with crimes of domestic violence. Under Section 77-36-2.5, there are two key restrictions to consider:
- After a person is arrested on domestic violence charges, he or she is not eligible for release on bail until at least the end of the first court day following their arrest.
- While a person who was arrested for domestic violence is waiting to be released on bail, he or she may not contact the victim of the alleged crime. If the person does contact the alleged victim, he or she can be charged with a Class B Misdemeanor. (In Utah, Class B Misdemeanors are punishable by a fine of up to $1,000, plus a maximum sentence of six months in jail.)
Ways to Post Bail: Payment Methods
There are three categories Summit County inmates can fall into:
- No bail is permitted.
- Bail must be cash-only.
- Their charges are “bondable,” meaning the inmate can call a bail bondsman. A bail bondsman is an agent who puts up bond money (i.e. bail), but charges a non-refundable fee in exchange for the service.
If you are posting cash-only bail for a loved one, you have two ways to pay:
- You can pay in person at the jail.
- You can pay through Western Union. Visit the Western Union website or call (800) 325-6000 for assistance.
The jail is located at:
6300 Justice Center Road
Park City, UT 84098
Utah Penalties for Bail-Jumping
Simply put, bail is collateral. Posting bail is like making a trade that says the inmate is free to go, but must promise to come back for their next court date. If a released inmate breaks this promise and does not come back for their next court date, there are serious consequences.
To begin with, instead of getting the money back, the money goes into the justice system. But while this loss can be costly, it is hardly the worst aspect of “skipping bail” or bail-jumping. More seriously, the inmate will be charged with a new crime, and a bench warrant will be issued for his or her arrest.
That’s right — bail-jumping is not just frowned upon, but actually illegal. Under Section 76-8-312, bail-jumping is an “offense against the administration of government.” If the original crime was a misdemeanor, bail-jumping is a Class B Misdemeanor. If the original crime was a felony, bail-jumping is a third-degree felony, which is punishable by up to five years in prison and a $5,000 fine.
There’s another problem, too. Remember the bail bondsman option we mentioned above? If an inmate uses a bail bondsman and doesn’t show up to court, not only can the bondsman file a civil suit to collect the debt — they can also hire a bounty hunter to go track down the runaway defendant.
In short: make sure your loved one goes to court when they’re supposed to.
If you’d like to learn more about facility policies, feel free to browse through our guide to the Summit County Utah Jail.
If you’ve been charged with a crime, or if a loved one has been arrested, it’s extremely important to seek experienced legal representation so that your rights are protected. To set up a free and private case evaluation, call Salt Lake City criminal defense lawyer Darwin Overson at (801) 758-2287 today.
