What Does It Mean to be “Out on Bail” in Utah?
The bail process doesn't simply stop when an accused individual is released from custody before their trial, as this release is only temporary. When a person is out on bail, there are specific requirements and expectations they must meet or adhere to while they await trial, especially in the state of Utah. These requirements are set by the local court and often defer based on the type of bail set.
Understanding Bail in Utah
Contrary to popular belief, the primary purpose of bail is not to punish the accused but to incentivize them to return for their trial as promised during their release and to discourage or limit the possibility of additional illegal activity while they await trial. After the trial, regardless of the outcome, the full or partial bail amount is refunded to the defendant.
Bail Bond Types in Utah
To post bail in Utah, the local court system accepts payment methods through various types of bonds. The first is a cash bond. Simply put, the accused pays the full amount set by the court in cash. This payment is made directly to the court. Similarly, the defendant can offer up a restate property they own as collateral for the bail amount: the value of the property must be greater than or equal to the full bail amount.
If the defendant cannot pay the bail set by the courts, they have the option to set up a surety bond, which means they pay a small fee to hire a bail bond company to post the bail amount on their behalf. The bond agency negotiates with the court and pays the bail amount to secure the defendant's release from jail. The agency then becomes responsible for their client in ensuring the accused appears in court for their trial.
Utah's Requirements While Out on Bail
When someone is "out on bail" in Utah, they have been released from jail with certain conditions and the expectation that they will return for their scheduled court dates. The one exception to this is if the individual is "released on recognizance." This means they do not have to pay bail and do not have any conditions they must meet while they await trial. Typically, only first-time offenders who are accused of a non-violent crime can qualify for this type of release. However, if an individual on release on recognizance fails to appear on court, a warrant will be insured for their arrest.
All other forms of release and bail sets either state a monetary amount the accused must pay, conditions they must follow after release, or both.
We have already mentioned the ways a defendant can pay the bail amount. However, the additional conditions they must meet while they await trial may vary depending on their circumstances and the crime they are accused of. Some of the most common out on bail requirements are listed below:
- Maintaining employment
- Avoiding contact with certain individuals
- Refraining from alcohol or drug use
- Refraining from illegal activities
- Regular check-ins with law enforcement or pretrial services (This may include drug or alcohol rehabilitation or other programs.)
- Maintain contact with their bail bond agent or the court and inform them of any changes in address, telephone number, or employment
- Adhere to travel restrictions
- Appear at all court dates (This is an absolute must regardless of a person's circumstances or the crime they are accused of.)
- Consequences of Violating Bail Conditions
Failing to meet any expectations as stipulated by the court can have serious consequences, including one or more of the following:
Bail Revocation
The court can revoke bail and issue a warrant for the defendant's arrest. This is especially true if the defendant jumps bail and does not appear in court.
Forfeiture of Bail
If using a bail bond, the defendant or co-signer may be responsible for paying the full bail amount without the possibility of a refund if conditions are violated or the accused jumps bail.
Additional Criminal Charges
If the defendant fails to meet the out on bail conditions, such as participating in illegal activities, or fails to appear in court, they may be subject to face criminal charges in addition to the ones they have been accused of.
Conclusion
Being "out on bail" in Utah may mean the defendant has to comply with certain conditions as they await trials. These conditions are determined by their circumstances and the crime they are accused of. Failing to meet or follow any of the conditions set by the court can result in serious consequences that can complicate their case and land them back in jail. When defendants understand and follow the bail conditions, they can avoid further legal complications and ensure their case proceeds smoothly through the justice system.
