Bail is a fairly common term, and the concept of paying bail to get out of jail seems fairly straightforward. Yet, many still wonder, “How does bail work?” What is it for, and how is the bail amount determined? Is bail different in Utah than it is in other states?
Bail Proceedings in Utah
Bail is the term used in the American Justice System to describe the set monetary amount an individual facing criminal charges must pay before they can be released from jail prior to their court hearing or trial. Bail is not meant to punish the individual but exists as an assurance fee that the inmate will appear in court on their appointed date. The bail amount is typically refunded in full or in part after the defendant’s court day, regardless of the outcome of the trial.
How is the Bail Amount Set
Before their criminal trial, the inmate is brought to a bail hearing where a judge hears evidence from both the judicial officers and the defendant to determine whether or not to set a bail amount and what a fair bail is for the defendant.
However, some jurisdictions in Utah have preset bail schedules for common offenses which are non-negotiable. These preset bails allow the defendant to post or pay the bail amount while in custody without a hearing.
What Factors Determine Fair Bail
During the bail hearing, a judge will consider a number of factors to determine whether a bail amount should be set and what the amount should be. In the Eighth Amendment to the United States Constitution, one of the “rights of the accused” protects the defendant from excessive bail. This means one of the factors the judge or court officer is required to consider is the inmate’s ability to pay. Other factors may include the inmate’s mental or physical health, employment, character, ties or danger to their community, character, past criminal offenses, flight risk, and the nature of the crime they are accused of.
No Bail Set
There are a few incidents where, based on the evidence presented, the judge may decide not to set an amount and instead elect to release the defendant on their own recognizance or to either pretrial supervision or pretrial services. To qualify for release on own recognizance, the individual must not have a criminal history, have been arrested with a warrant or under the influence of controlled substances, or pose a flight risk, and the crime they are accused of must not be a violent felony or any other qualifying offense as defined by Utah state courts.
How Bail is Posted
Posting bail simply means paying the bail amount. Once the bail is posted, the inmate is released from jail with the promise that they will return for their court trial. Various types of bail bonds can be used to post bail.
Cash Bonds
A cash bond is just as it sounds. Cash is used to pay the full bail amount, and the individual is released from jail. This amount will be refunded so long as the defendant appears in court as promised.
Property Bonds
Some counties, like the one in Salt Lake City, Utah, will allow the defendant to put up a real estate property they have ownership of as collateral for the bail amount. The value of the property must be equal to or exceed the bail amount to be considered. It is worth noting that if the defendant fails to appear in court, they will likely lose the property used for the bond.
Surety Bonds
A surety bond is one of the most common types of bail bonds. Sometimes, a defendant cannot afford to pay the entire bail amount upfront, so they hire a bail bondsman who co-signs on the bond. The bondman’s agency pays the bail for the individual and works with the court to get the inmate released. The defendant then pays the bail to the agency in payments; however, they are typically required to pay at least 10% before their release.
There are various types of surety bonds, including federal and immigration bonds. These require bail bondsmen experienced in these specific fields depending on the jurisdiction level of the case. Be sure you know what kind of surety bond you need when looking for a licensed bail bondsman.
What Happens if the Defendant Jumps Bail
Bail jumping is when a defendant fails to appear in court for their trial or meet their pretrial requirements if released to pretrial supervision or services. If the defendant jumps bail, regardless of whether or not a bail was set, a warrant will be issued for their arrest. If a bail amount was set, the bail will be forfeited. If the individual hired a bondman, they may ask the court to postpone the forfeiture of the bail to give them time to find the defendant and bring them back to court.
Conclusion
Understanding how bail works is quite simple when you know the various parts of judicial trial proceedings. Bail is not a punishment but an incentive to keep your word to appear in court on the day of trial. There are various ways to pay the full bail amount and be released before the court date, even if the defendant doesn’t have the cash on hand. Working with an experienced bail bondsman is one of the ways to post your bail quickly so you can get out of jail and start working to rebuild your life.
