Everyone knows that when people get arrested, they might need to be “bailed out,” but what exactly does that mean? Bail is usually paid before release to help ensure people come back to court, allowing the court to keep the money if they fail to show up. But how do courts determine exactly how much to set for your bail?
Generally, courts only require bail if there is evidence that the defendant has a risk of not coming back to court. This is usually based on their risk of fleeing, gauged by their ties to the community. The amount set is supposed to be enough to push them to come back to court without being excessive. Alternatively, bail might also be required at a high value or denied entirely if the defendant is considered a danger to the public.
For help with your criminal case, call Overson Law’s Utah bail lawyers at (801) 758-2287.
What Does Bail Do in Utah?
The purpose of bail is to give you an incentive to show up to your next (and subsequent) court dates without the need to constantly arrest you over and over again or keep you in jail while you await trial. The goal is to set bail at a high enough level that it will be financially inconvenient for you if you do not show up or if you violate the terms of your release.
The government used to be allowed to just keep you in jail to make sure you appeared at your next court date. Today, Utah Code § 77-20-201 gives all defendants a right to bail except under specific circumstances where bail can be revoked. Our Utah bail lawyers can use these laws to force the government to release you, though a bail amount might be set.
While out on bail, you can meet with our lawyers, continue to care for your kids, go to work, and enjoy your freedoms as an innocent person because you are innocent until proven guilty.
How Much Is Bail in Utah?
Bail is usually forfeited and applied toward your court fees and eventual fines if you fail to appear. However, different forms of bail can set the value at different amounts.
“ROR” Bail
Release on your own recognizance (ROR) essentially means you have no bail amount set. With ROR, the court trusts you to come back. This might be because you have strong ties to the community – work, a family, school – and your crime does not indicate much risk to the community – such as a financial or property crime. This, ideally, should be the default option, and bail should only be set at higher amounts or with more restrictions if there is a chance you might “skip” or “jump” bail and fail to appear in court.
Pretrial Status Orders
Whether you pay money or not, you may also be put on pretrial status orders that give you conditions for your bail. These usually involve requirements to avoid getting arrested for another crime and perhaps requirements to report your address to the court and check in with certain offices.
Cash Bail
Cash bail is a form of “monetary bail,” where an actual amount is set to pay for your release. The pressure to come back to court comes from the fact that you forfeit the money if you fail to appear. Cash bail is often criticized as those who can afford it are free to go, and those who can’t have to stay in jail.
However, the amount should be set at a fair amount based on the crime you committed, your financial means, and the risk of you not returning to court. For example, if you have low assets, the crime you committed is not particularly dangerous, and you have a job in the area, it is likely you will return – but the court might see a previous failure to appear on your record and want some kind of assurance. In this case, a low cash amount might be set.
If you have high income and assets, bail could be set higher so that it really is an inconvenience for you to miss court.
Bail Bond
A lot of times, the court sets the bail amount at a high dollar amount, but you only pay a portion of it. This lets you use a bail bond agency to provide the rest of the money.
Often, bail bonds allow you to pay something like 10% or 20% of the total bail amount. This, however, often allows the court to set a higher total bail requirement. You only forfeit the full value and any assets used to secure your bond if you do not show up. The bail agency does, however, take a fee for their service either way.
When you use a bail agent, they have a responsibility to make you appear in court. You will have to sign various agreements allowing them to potentially go so far as to show up at your house and bring you back to court by force with licensed “bail enforcement agents” (commonly called “bounty hunters”).
Unsecured Bond
Sometimes the court does not want to make you actually pay money before release, but they still want some extra assurance beyond ROR. To get that assurance, they will simply agree to charge you a certain amount if you do not show up, but they won’t require any partial payment upfront.
Denied Bail
The law allows some situations where the court can deny bail if there are strong facts showing that you probably committed the crime and that the circumstances make you a danger to the community. This is common for murder and for drunk driving offenses where the driver was already on probation for another DUI.
Bail could also be set quite high in these cases instead.
Limits on Bail Amounts in Utah
The main factor in determining values is your income/wealth. People with lower assets need a smaller amount set to make failing to appear a penalty; the opposite is true for those with money to spend.
However, the 8th Amendment bars the government from setting “excessive bail.” While you might need a loved one or a bail bondsman to “bail you out,” the value should not be so high as to keep you locked up because it is impossible to pay it.
Call Our Utah Bail Lawyers Today
For a free review of your case, contact Overson Law’s Utah bail attorneys at (801) 758-2287.
