Under regular circumstances, people in Utah who are arrested for a criminal offense shall be admitted to bail, according to Utah law. There are a few exceptions, however, including when a person:
• is charged with a capital felony and the court finds there is enough evidence to support the charge
• commits a felony while on probation or parole or while free on bail awaiting trial on a previous felony charge, and the court finds substantial evidence is available to support the new felony charge
• is charged with a felony that is backed up by evidence, and the court finds evidence that releasing the person would cause serious danger to others or is likely to flee the court’s jurisdiction
• was released on bail, and the court is presented with substantial evidence that the individual violated a condition of their release
The court is entitled to determine whether a person can be released on his own recognizance or is required to post a monetary bail. The court takes into account the following when deciding on the type of release:
• that the accused will appear in court when required
• that the integrity of the court process will be intact
• preventing contact between the accused and any witnesses, if appropriate
• the safety of the public
In a situation involving violation of a criminal protective order, the person arrested may not be released prior to his first appearance in court.
If you are arrested, it is time to hire a qualified Utah criminal defense attorney. In matters of law, you need the expertise and experience a criminal defense attorney can provide. Don’t discuss the charges or any other aspects of your situation with the police. Use your rights, and contact a Utah criminal defense attorney who has a reputation for defending his clients with vigor.



