Emergency Bond Hearing
Utah law generally gives everyone arrested or charged with a crime the right to be released on bail while awaiting trial, and the U.S. Constitution prohibits unreasonable bail. To ensure your right to a reasonable bail, you may need to request an emergency bond hearing.
If a court or magistrate refuses to allow you to bond out, or sets an unreasonably high bail, an experienced attorney can help you request an emergency bond hearing to correct the situation.
Salt Lake City Emergency Bond Hearing Lawyer
Levitt Legal, PLLC can help you file and negotiate a successful emergency bond hearing in Northern Utah. Salt Lake City emergency bond hearing attorney Darren Levitt is experienced and knowledgeable in all areas of Utah criminal procedure, including these types of bond hearings.
Contact our firm today at (801) 455-1743 for a free consultation about an emergency bond hearing for your situation today.
Utah Emergency Bond Hearing Overview
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Emergency Bond Hearings in Salt Lake County
Utah Code § 77-20-1 states that anyone arrested or charged with a crime has the right to bail out of jail, except in certain extreme circumstances. You should be granted your right to bail out of jail while awaiting trial so long as you have not been charged with:
- Capital murder
- A felony while on probation or parole
- A felony while out on bail for another felony, or you previously failed to meet a condition of release on bail
A court may also deny bail if the prosecution convinces the judge that a person is “a substantial danger” to another person, or that the person is likely to flee the area and not show up for trial. If this is the situation, you may be able to schedule an emergency bond hearing to convince a judge of the true facts of the case in order to get a reasonable bail set.
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Excessive Bail at Utah Emergency Bond Hearings
Courts are prohibited by both the U.S. Constitution and Utah law from setting “excessive bail.” Magistrates and courts in Utah are only permitted under Utah Code § 77-20-1(2) to set a bail high enough to “reasonably” ensure the:
- Appearance at trial of the accused
- Integrity of the court process
- Safety of the public
- Lack of contact with witnesses and victims in certain situations
In most situations, the only purpose of setting a bail amount is to ensure the appearance at trial of the accused. If bail is unreasonably high, you may be able to get it reduced at an emergency bond hearing.
An emergency bond hearing may be able to reduce the bail amount, or secure the release on bail of a person who has previously been denied bail, especially if there has been a change in circumstances since the previous bond hearing.
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Types of Bond in Salt Lake County
There are multiple types of bonds that may be set by judges in Utah. A few examples include:
- Own Recognizance (OR) Bond — The alleged offender is released only on the condition that he or she agrees to be present for his or her next court appearance. While no money is required for the release, a warrant for the alleged offender’s arrest can be issued if he or she fails to appear.
- Cash Bail — The alleged offender pays the bail amount with cash or a certified check. This amount can be refunded (minus any fines or courts costs) at the conclusion of the alleged offender’s case, but he or she forfeits the entire bail to the court if he or she fails to appear for a court date.
- Bail Bond — The alleged offender gets a bail bondsman or bonding company to guarantee the court that he or she will be present for his or her next court appearance. The alleged offender usually has to pay the bail bondsman or bonding company a non-refundable fee (often about 10 percent of the total bail) for this service, and the bail bondsman or bonding company is liable to the court for the full amount if the alleged offender does not appear in court.
- Property Bond — The alleged offender uses real property as collateral for his or her release. This usually requires the assistance of an attorney for the creation of the proper paperwork and is a rarely utilized or accepted form of bond.
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Find an Emergency Bond Hearing Lawyer in Salt Lake City
After being arrested or charged, you should contact an experienced emergency bond hearing attorney for assistance in getting released. Call Levitt Legal, PLLC today to discuss the facts and circumstances of your case.
Darren Levitt will help you obtain the best possible outcome for these kinds of hearings in the greater Salt Lake County area.