No one wants to sit in jail longer than they have to, which is why bail will likely be a primary concern after getting arrested. While this is common, it is best to contact our attorneys to devise a strategy to secure your bail.
Individuals accused of a crime have a general right to bail since they are innocent until proven guilty. However, the court can override that basic right in certain cases to deny bail, like in capital homicide cases and other felony charges involving violence. Still, there must be substantial charges to support the arrest before outright denying bail. In other cases, like DUI and domestic violence, bail will be denied unless we can show that the defendant is not a threat to the victim or community and will abide by their release conditions. In lower-level cases, bail is often granted and might not be too expensive, relatively speaking.
Call Overson & Bugden today at (801) 758-2287 for a free and private case review from our criminal defense attorneys in Utah.
Am I Entitled to Bail Myself Out of Jail if I Am Arrested in Utah?
When someone is arrested for a crime in Utah, some of the first questions they have are whether they will be granted bail and how much they must post to get out of jail. While Utah Code § 77-20-201(1) does give individuals charged with or arrested for a crime the right to bail, it has many exceptions where bail will not be granted. Our Utah criminal defense attorneys can determine what your rights are and argue for why you should be released. The right to bail yourself out of jail typically depends on the nature of the criminal charges you are facing and how much evidence supports it.
Bail is set at different amounts because some defendants might not return if they are facing serious charges. When bail is granted, it is used as a method of getting defendants to reappear in court later for hearings and the trial or else lose out on the money they paid. Our team can gather evidence to show why you should be granted bail and that you are not at risk of failing to appear for subsequent hearings. Getting out on bail will allow you to keep working and take care of your family and other responsibilities while we prepare your defense.
Bail in Felony Cases
Regardless of the general right to bail, the court has the right to deny bail in felony cases, depending on the circumstances.
For example, bail will not be granted in capital felony cases, which are typically those involving homicide where the state is seeking the death penalty, if there is substantial evidence to support the charges, according to § 77-20-201(1)(a). You will also usually be denied bail if you allegedly commit a felony while on probation or parole for a different felony conviction, as per § 77-20-201(1)(b), as long as there is significant evidence to support the current charge.
Others charged with non-homicide felonies can also be denied bail if certain conditions are present in their case. For instance, bail will not be an option for someone charged with a felony if the court believes, based on clear and convincing evidence, that the defendant would constitute a substantial danger to others in the community regardless of the conditions of release they could place on them, according to § 77-20-201(1)(c)(i). If the defendant is not deemed a threat to the community, they can still be denied bail if they are likely to flee the court’s jurisdiction, as per § 77-20-201(1)(c)(ii).
Perhaps you were previously charged with a crime and granted bail but violated a material condition of release while on bail in that case. If so, and are facing charges for a new felony, the court will not grant bail if they have clear and convincing evidence of the previous violation under § 77-20-201(1)(d), which the prosecution will likely be all too happy to provide.
Bail for Domestic Violence Offenses
Bail in domestic violence cases will also be treated differently by the courts. According to § 77-20-201(1)(e), bail can be denied over a domestic violence offense if enough evidence supports the charges and the prosecution offers clear and convincing evidence that the victim would be exposed to substantial danger if the defendant was released, but only after considering available conditions that the court could impose on the defendant to avoid this.
Bail for Driving Under the Influence
Many people who are arrested for driving under the influence of drugs or controlled substances are granted bail. However, the court has discretion to deny bail for DUI in certain circumstances. Under § 77-20-201(1)(f), bail for DUI will generally be denied when the defendant causes serious injury or death to another person and there is significant evidence supporting the arrest.
There must also be clear and convincing evidence showing that they will still pose a serious danger to the community no matter what conditions of release are placed on their bail agreement. Unfortunately, a person is automatically presumed to be a substantial danger to the public if they have a breath or blood alcohol concentration of 0.05 grams or more and cause the death or serious injury of a victim, as per § 77-20-201(2). This presumption is rebuttable, though, meaning our attorneys can provide evidence to argue against the accusations so you can be granted bail.
However, the court can also deny bail for DUIs not involving serious injuries if the driver was already on parole or probation for a different DUI conviction or out of custody awaiting trial, as supported by substantial evidence, according to § 77-20-201(1)(h).
Bail in Other Cases
Those charged with other felony offenses can also receive bail, but these usually involve cases where third-degree felony or lesser violations, like theft and fraud, are charged.
Bail will be set at different amounts based on the crime and the factors mentioned above. Under § 77-20-204(3), bail can range from $5,000 for eligible felonies to $340 for class C misdemeanors and $80 to $150 for misdemeanor violations of city and county ordinances.
Call Our Criminal Defense Attorneys in Utah to Get Bail in Your Case
For your free case assessment with our Ogden criminal defense attorneys, contact Overson & Bugden at (801) 758-2287.
