If you’re reading this article, you or someone you know has likely had a run in with the law. If you have questions regarding how bail is determined, or the part a lawyer in Utah can play in determining your bail, please read Part 1 of this series.
After your bail is set, it is important to know what possible scenarios might cause you to forfeit your bail or your freedom.
Conditions of Bail:
Individuals who are out of jail on bail commonly must comply with “conditions of release.” If the suspect violates one of these conditions a judge may revoke bail and force the suspect to return to jail to await trial. Some conditions require that the suspect “obey all laws,” others may be reflective of the crime. For example, in a case of domestic violence, the suspect can likely not have any contact with the person accusing the crime. Remember a Salt Lake City attorney can often get you out on bail, and can even get your bail reduced if necessary, but if you choose to violate the conditions of release it makes it quite difficult for even the best lawyer in Utah to keep you from behind bars.
Bail can take any of the following forms:
cash or check for the full amount of the bail
property worth the full amount of the bail
a bond (that is, a guaranteed payment of the full bail amount), or
a waiver of payment on the condition that the defendant appear in court at the required time (commonly called “release on one’s own recognizance”).
Many bail bondsmen have become quite wealthy by issuing bonds. Mostly because a bond that costs 10% of the bail amount sounds like a good deal compared to posting cash bail, but buying a bond may cost more in the long run. If the full amount of the bail is paid, it will be refunded (less a small administrative fee) when a Salt Lake City attorney settles the case and all required appearances have been made. In contrast, a bond seller’s fee is nonrefundable. In addition, the bond seller may require collateral. This means that the person who pays for the bail bond must also give the bond seller a financial interest in some of the person’s valuable property. The bond seller can cash in on this interest if the suspect fails to appear in court.
Getting Out of Jail Free:
When individuals are released “on their own recognizance,” or “O.R.” he/she must simply sign a promise to show up in court and is not required to post bail.
A defendant commonly requests release on his or her own recognizance at the first court appearance. If the judge denies the request, the defendant or their lawyer in Utah then asks for low bail.
In general, defendants who are released O.R. have strong ties to a community, making them unlikely to flee. Factors that may convince a judge to grant an O.R. release include the following:
The defendant has family members (most likely parents, a spouse, or children) living in the community.
The defendant has resided in the community for many years.
The defendant has a job.
The defendant has little or no past criminal record, or any previous criminal problems were minor and occurred many years earlier.
The defendant has been charged with previous crimes and has always appeared as required.
If you have any questions regarding bail for you or a loved one, a free consultation is available for you through the attorneys at Shumway Van & Hansen. For more information please continue to look at www.shumwayvan.com or stop by any of our offices which are located at 8985 S. Eastern Ave, Suite 100, Las Vegas Nevada 89123 or 8 East Broadway, Suite 550, Salt Lake City, Utah 84111. We look forward to hearing from you soon.