Bail is a constitutional right. It allows an accused person to meet their bail conditions before going on trial so that they are not punished for a crime they have not yet been found guilty of. However, there are some circumstances when a judge denies bail (aka may order a person held without bail). This article will explain those situations and how to get bail in those situations.
What Is Bail?
Bail is a financial insurance policy that allows you to be released from jail and guarantees your appearance in court. If you fail to appear in court as ordered, the bail money will be forfeited and the person will be jailed.
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Bail has four purposes:
- ensure the appearance of the accused;
- ensure the integrity of the court process;
- prevent direct or indirect contact with witnesses or victims by the accused, if appropriate; and
- ensure the safety of the public.
How Is Bail Paid?
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There are two ways bail is paid: (1) paid in full by an individual or (2) paid with a bail bonds company.
If the accused pays their bail in full, the person will receive the full bail amount after the case is resolved. This option is the best if a person can pay in full because all money is returned and there is no fee.
If the accused uses a bail bonds company, the accused pays ten percent of the bail as a fee. The bail bonds company pays the entire bail amount with the court. After the case is resolved, the court returns the full bail amount to the bail bond company; the accused does not receive anything back.
When Is Bail Granted?
You have a constitutional right to bail. Article I Section 8 of the Utah Constitution states that, “All persons charged with a crime shall be bailable.”
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However, there are exceptions to this rule.
When Is Bail Not Granted?
Utah Code 77-20-1 states that “An individual charged with or arrested for a criminal offense shall be admitted to bail as a matter of right…” The statute lists exceptions to this rule:
- a capital felony if the court finds substantial evidence to support the charge;
- a felony committed while on probation or parole for a felony, or while free on bail awaiting trial on a previous felony charge, if the court finds substantial evidence to support the charge;
- a felony if the court finds substantial evidence to support the charge AND the court finds by clear and convincing evidence that the individual would constitute a substantial danger to any other individual or to the community, or is likely to flee the jurisdiction of the court if released on bail;
- a felony if the court finds there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the individual violated a material condition of release while previously on bail;
- a felony or misdemeanor domestic violence offense if the court finds substantial evidence to support the charge and the court finds by clear and convincing evidence that the individual would constitute a substantial danger to an alleged victim of domestic violence if released on bail;
- a felony or misdemeanor DUI if the offense resulted in death or serious bodily injury to an individual and the court finds there is substantial evidence to support the charge AND by clear and convincing evidence that the person would constitute a substantial danger to the community if released on bail.
- a felony riot charge if the court finds substantial evidence to support the charge and the court finds by clear and convincing evidence that the individual would constitute a substantial danger to the community if released on bail.
How Can I Get Released if I Have a No Bail Hold?
If a judge denies bail and you are in custody, getting out of jail won’t be easy. Your attorney must convince the prosecutor and judge that you should be eligible for bail. Your attorney must show that you are not a risk to the community, that you are not a flight risk, and that you will attend every court hearing. If you’ve failed to appear in court, even once, the prosecutor will use that against you to keep you in jail.
The best step to take when a judge denies bail is to hire an attorney who can negotiate and fight for your release.
Source: https://t-tees.com
Category: WHY
