When facing criminal charges, the hopes of getting a “get out of jail free” card seem slim to none. Most are familiar with the concept of bail, but few understand how the process works and may imagine that release before their court date is unobtainable due to their inability to pay the bail amount. However, the pretrial system in the state of Utah is designed to ensure fair bail and the possibility for release on own recognizance for each individual facing the justice system.

Rights of the Accused

You have likely heard the term “rights of the accused,” which refers to the rights protected by the Eighth Amendment to the United States Constitution. Individuals accused of a crime still retain certain protected rights, including the right to a speedy bail hearing and the right to a reasonable bail. Knowing and understanding these and other protected rights can protect you and ensure you are given fair process.

Bail Hearing

The bail hearing takes place prior to the criminal trial. The purpose of the trial is to give the defendant and judicial officers a platform to present arguments regarding bail, including setting a fair and reasonable bail amount and imposing any additional pretrial terms.

During the bail hearing, the judge will listen to the arguments presented by both sides then determine whether or not to set a bail amount or terms for release from jail prior to the defendant’s court date. This amount is not meant as a punishment but as a security to ensure the defendant will appear in court for their trial. After the court date, the bail will likely be fully or partly refunded. 

Lower Bail Payments

If the defendant believes that the set bail, or bail decision, is unfair or otherwise unreasonable, they have the right to appeal. The initial bail decision will be reviewed with the opportunity to present new evidence. It is recommended that the defendant seek legal counsel to aid them in lowering the bail amount.

Release Eligibility Factors

The judge considers several factors when determining bail and release, including, but not limited to, the individual’s character, health (whether physical or mental), employment, financial and family support, community ties, the nature of the offense accused of, danger to the community, past criminal conduct, and flight risk.

Once the judge has heard all the arguments and evidence for and against the defendant, they may decide to set a fair bail amount in view of the defendant’s flight risk and ability to pay. Or, the judge may decide to set “no bail” and release the individual on their own recognizance or to a pretrial release program for supervision or pretrial services.   

If law enforcement has submitted a statement of probable cause to the court or the defendant has a criminal history or has been arrested for driving under the influence of controlled substances, a violent felony, or any other qualifying offense as determined by Utah state legislature, the individual will not be eligible for release on own recognizance. The defendant must have also been arrested without a warrant to receive this type of release.

Release Types

Release on Own Recognizance 

Similar to the ‘get out of jail free’ card in the classic Monopoly game, release on own recognizance, or “OR,” means that an individual is released prior to their trial at no financial cost. However, the defendant must sign an “OR” written agreement stating that they promise to appear in court for their trial. Typically, this agreement also states that the defendant will follow certain stipulations as directed by the court.

If the defendant fails to appear in court on their date of trial, a warrant will be issued for their arrest.

Pretrial Supervision

If a defendant has a higher flight risk or presents a danger to their community but is eligible for release, they may be sent to a pretrial release program. This is called supervised release, which is similar to probation but for the pretrial period. The conditions that the defendant is required to meet or follow are unique to the individual and the crime they are accused of.

All defendants in these programs are placed under a level of supervision. They may be placed under home confinement or required to obey a specified curfew; limited travel regulations; attend rehab, therapy, or an alcohol education class; or a combination of any of these conditions. 

Pretrial Services

In cases where the risk of continued criminal activity exists, the court may release the defendant to pretrial services and assign restrictions they must follow, such as required to wear electronic monitoring. These restrictions are to discourage and reduce the chance of future criminal offenses before and after trial. Defendants are assigned a supervisor and required to check in regularly. If the individual breaks restrictions or fails to check in, a warrant may be issued for their arrest, and the judge will determine if they should return to jail while they await trial.

Upon release from jail, whether for OR, pretrial supervision, or pretrial services, it is highly recommended the defendant immediately seek out an experienced attorney to represent them in court.

Conclusion

The criminal justice system in Utah is designed to protect the rights of individuals accused of a crime and ensure they are processed fairly while maintaining public safety. Through options such as release on the individual’s own recognizance or a pretrial release program, a defendant can be released from jail before their trial without needing to pay bail after the court considers the individual’s situation and flight risk. A defendant can improve their eligibility for these release options by adhering to the laws and regulations of the justice system and presenting evidence that their pretrial time would be best served in the community.