After being arrested, your mind is likely to be running at hyper-speed, trying to figure out what has happened, how you can defend yourself, and what you need to do to protect your rights. At the same time, especially if you are not experienced dealing with the police or the criminal justice system, you may also feel paralyzed and like nothing you can do will really make a difference. However, this is the wrong attitude to have. You or a loved one will need to act quickly to retain an experienced lawyer to defend you against these charges, as important events in your case like your pre-trial release hearing will occur very soon after your arrest.
At Overson & Bugden, our skilled Salt Lake City pretrial release hearing attorneys have years of experience working with clients at this hearing to get them released on little to no bail. We understand the factors the judge takes into consideration when deciding whether and how you can be released, and we will leave no stone unturned working to get you out of jail as quickly and painlessly as possible. After this, we can turn out attentions to getting the underlying charges dismissed. Call us today at (801) 758-2287 for a free consultation.
How a Salt Lake City Pretrial Release Hearing Works
After you are arrested for a crime, you will be taken to the local police station for what is known as the booking process. During this process, you will be fingerprinted and photographed and your biographical information will be collected. After this, you will be held in the station’s holding cell or at the local detention facility until your bail hearing can be held, typically no more than 48 hours after your booking. Unless it is a weekend or a holiday, the hearing will usually occur much sooner than this, which is why it is vital for you or a loved one to contact an experienced Salt Lake City pretrial release attorney like those at Overson & Bugden right away after your arrest, as you will certainly want representation at this hearing that will decide whether or not you can be released from detention while your case moves through the system.
The pretrial detention hearing is also commonly referred to as a bail hearing, although it is not always the case that the judge will set bail. For very serious crimes like rape, or if you have an extensive criminal record or history of not appearing for court as required, the judge may choose to detain you for the duration of the case. Otherwise, the judge will choose between releasing you on your own recognizance, meaning without bail, releasing you with non-monetary conditions such as attending drug or alcohol treatment, or setting bail.
How a Salt Lake City Pretrial Release Hearing Attorney Can Assist You with Bail
If the judge does decide to set bail, our skilled pretrial release hearing attorneys at Overson & Bugden can work to make the most persuasive argument that your bail should be set at the most minimal level. The main factor that judges take into consideration is the amount suggested by the Utah Uniform Bail Schedule, a set of guidelines put out each year by the state with suggested bail amounts for each crime. The amounts in the Schedule also vary depending on your criminal history. However, the judge is also permitted to take into account “extenuating circumstances” like your ties and contributions to the local community, flight risk, and the severity of the alleged offense. We will work to convince the judge that extenuating circumstances exist in your case and that bail should be set lower than the amount in the guidelines.
If the bail set by the judge is ultimately too high to pay, you or a loved one may need to retain a licensed bail bondsman to help get them out of jail. Our attorneys are able to recommend the most reputable and reasonable ones in our experience. A bail bondsman will issue a surety bond to the court agreeing to pay the full bail amount if you fail to appear as required. In exchange, you or a loved one must put up a small percentage of the bail to the bondsman, usually 10%. If you fail to appear in court as required, the bondsman will come after you or any co-signers for repayment of the full bail amount.
What Happens After a Pretrial Release Hearing in Salt Lake City
After we have dealt with getting you out of jail, our skilled attorneys can turn their attentions to requesting any outstanding discovery, filing any motions like a motion to exclude evidence, and trying to work out a deal with the prosecutor to get your charges downgraded or dismissed. First-time offenders or those with a limited criminal record may qualify for pre-trial diversion or entering a plea in abeyance, both of which will ultimately result in your charges being dropped if you comply with the conditions of the court. If pre-trial diversion is not on the table in your case, we can try to work out a deal for your charges to be downgraded to something less serious, like from a misdemeanor to a felony, in exchange for you entering a guilty plea and saving the state the time and cost of trial. Another possibility is the prosecutor recommending a lenient sentence to the judge in exchange for your plea.
Of course, if you do not wish to take a deal, or are not satisfied with the deal offered our skilled trial attorneys at Overson & Bugden are ready to defend your innocence and fight for a not guilty verdict at trial.
Call Our Battle-Tested Salt Lake City Pretrial Release Hearing Attorneys Today
The pretrial release hearing, also known as a bail hearing, is a major step in the criminal process where a big decision will be made about whether or not you can go home or must remain in jail until your case is resolved. As such, it is imperative that you reach out to a skilled Salt Lake City pretrial release hearing attorney like those at Overson & Bugden as quickly as you can after your arrest. We will work to get you out of jail on little to no bail and then turn our attentions to bringing the underlying matter to a positive resolution for you. For a free consultation, call our office at (801) 758-2287 today.
