Knowing about bail in Utah is essential for one good reason: no one knows when they can find themselves or their loved ones in a sticky situation. The knowledge can point them toward the right people to work with so that they can get themselves or their family and friends out from jail or prison as soon as possible.
1. What Is Bail and Who Can Take Advantage of It?
Bail is a matter of right, according to the Utah State of Legislature. It can stem from the fact the court presumes a person innocent until proven otherwise. This system, although controversial for many years now, can also have other benefits. For example, it can prevent the overcrowding of jails and prisons. In turn, it can bring down the prison costs significantly. Finally, it can allow the suspect to defend their case with greater freedom. The justice system can then become fair for everyone.
There are many ways to grant bail, but some people charged or arrested because of a crime can be allowed to take advantage of it. These include those dealing with a capital felony or a higher risk of flight or escape. A person might also not live their cell if the court believes that they are a danger to society even when they are released temporarily.
2. What Are the Different Kinds of Bail?
The most popular type of bail is the cash system. As its name suggests, the defendant has to provide the amount provided by the court. It can be in cold hard cash or credit card. In Utah, as well as in other states, it’s customary for the court to have a list of fines and bail according to the offense.
Sometimes the amount can be too steep the defendant or their friends and family members cannot raise it fast. They then consider bail guarantors like Beehive Bail Bonds. The bail bonds agents work by guaranteeing the bail on behalf of the defendant. They are also in charge of ensuring that the person appears in all of their court hearings as soon as they are released.
These companies often work with a surety, which also provides a guarantee in case the defendant fails to show up during the trial. In turn, the agents often receive a flat fee of 10% of the value of the bond. Some charge interest. Others don’t.
3. Is Bail Refundable?
It depends on the type of bail. If it is cash basis, then more likely, the suspect or their loved ones provided the full amount to the court. They will receive it as soon as the case is dismissed or after sentencing if the court finds the defendant guilty. In the case of working with a bail bonds agent, the family might not be able to receive the percentage of premium the defendant or their family paid since it acts as a fee for the service.
Utah Code doesn’t make it mandatory for the court to use the bail as part of the victim’s restitution. It is also not a fine or any form of punishment. In fact, it is for this reason that the bail should not be deemed as excessive. If the defendant believes that it is, they have the right to ask the court to lower the amount.