Posts Tagged ‘bail’

Right to Bail in Utah

Utah Criminal Defense Blog, on the topic of  Constitutional Rights
0comment

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.

How Does Bail Work In Utah?

Angela, on the topic of  Crimes, Legal Process
0comment

You may need a Utah bail bondsman if you have been arrested, charged with a crime and the Judge has set bail in your case. Bail is usually set according to the seriousness of the offense. A bail bondsman asks for 10% of the bail, and proof of collateral for the balance, such as proof of home ownership. If you do not own a home, the bail bondsman will usually accept a written guarantee from someone you know that is willing to guarantee payment in the event the court forfeits the bail. 

Before posting bail consider whether the money you are about to pay a bail bondsman could be better spent hiring a private criminal attorney. While a bondsman can get you out of jail in the short run, only competent counsel from an attorney can secure your freedom in the long run.

Another thing to consider before posting bail is whether you qualify for pretrial release. In Salt Lake County tHe office of pretrial services is a division of the court which monitors defendants outside of the jail. If you qualify, pretrial services will make a recommendation to the Court for your release to them.

You should contact a Utah bail bondsman directly for more information.

Five Best Bail Bond Commercials on the Internet

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Humor, Utah Crime Related Videos
0comment

When a loved one is charged with a crime, coming up with the bail amount isn’t something to be laughed about.  However, some bail bond companies think humor will get them more business–or at least make them more memorable when someone is looking for a bail bond company.  Here are some of the funniest, weirdest, and sexiest bail bond commercials on the internet:

#5: I don’t know how “bigger is better” can be a slogan for a bail bond woman, but owner Leah Hulan seems to capitalize on it.

#4: 8th Amendment Bail Bonds’ commercial isn’t cruel and unusual punishment. It’s pretty f****** funny.

#3: After he’s charged with the DUI and bailed out by Hollywood Bail Bonds, this high profile character should find a good attorney.

#2: 2 Blondes Bail Bonds is advertising to a specific type of clientele. Can you figure out who their target audience is? (Slightly NSFW)

#1: Who do many people look to when they need help? Jesus Christ Bail Bonds!

Runner Up: He’s My Daddy Too!

Question: How do I get my wife out of jail if I can’t afford bail?

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Legal Process
0comment

Q: I can’t afford to pay bail to get my wife out of jail, but I don’t want her sitting there with all the other people.  The judge set the bail at $1,000, but I don’t have that kind of cash just sitting around.  What should I do?

If a defendant doesn’t have the money to pay for a bond, they have two options.  They can stay in jail until their next court date, or they can have a bail bond company pay their bail.

The advantage of not paying bail is that you don’t have to look for extra money.  The disadvantage is that your wife will be sitting in jail until her next court date.  Unfortunately, that could be weeks away.

In this situation, a bail bond company is probably your best option.  Using a bail bond company is like a short-term loan.  Usually, they charge about 10% of the bail amount.  So you’d only have to pay $100 to get your wife out of jail until her next hearing.  Your agreement with the bail bond company is that your wife will appear at her next court date.  If she does not, the court will not give the company the $1,000 back and your wife will be in more trouble with the court.  Because the bail bond company lost the $1,000, they will usually hire a bounty hunter to track her down .

If you need to use a bail bond company, it is important that you choose a reputable company.  An experienced attorney should know of a few companies that can help.

Posting Bail In Utah

Clayton Simms, Criminal Defense Attorney, on the topic of  Hiring a Lawyer, Legal Process
0comment

If a suspect is arrested and put into an Utah  jail, the defendant has to appear before a judge (usually within 48 hours after being booked).  When the defendant goes before the judge, the judge looks at the charges and decides whether or not to continue holding the suspect in jail.  Sometimes a judge will decide that a suspect is too dangerous to be released.  More often, the judge allows a defendant to be released.  This is the point that a bail amount is set.

Bail is a way for the courts to help ensure that a defendant appears in court. Money is given to the court to hold until the defendant shows up for their court dates.  After a case is over, the money is given back to the person who posted the bail. However, most Utah defendants use a bail bond agent to get out of jail. If a suspect is using a bail bondsman, then the defendant would 10% of the bond amount and then place some collateral with the bondsman. For example, on a $10,000 bail you would pay the bail bondsman $1,000, which the bondsman would keep, and then the bondsman would place a lien on your house or take the title to your car for the collateral.

Bail is determined by Utah’s Uniform Bail Schedule.  Reasons for a high bail amount include the seriousness of the crime, the defendant’s flight risk, or if the defendant doesn’t have an attorney that requested a bail reduction.  In the latter case, the judge may ask the prosecutor what they think the bail amount should be.  This is why it is important for defendant’s to hire an experienced Utah Criminal lawyer who can ensure that the bail amount is fair. The best Utah criminal lawyers have good working relationships with prosecutors and can often lower you bail, which lowers the amount you pay to a bail bondsman