When someone gets arrested, typically the only thing on their mind is how to get out…fast. The most common way that people accomplish this is to, “post bail.”
Bail is cash, bond or property that an arrested person gives to a court as insurance that he/she will appear in court when they are required to do so. Bail doesn’t have to be posted by the defendant, someone can post bail in behalf of an arrested person. It is possible for a Utah lawyer to post bail on behalf of their client as well. If the defendant doesn’t show up, whoever posted the bail loses the money. The court keeps the bail and a warrant is issued.
How bail is determined:
Judges are often responsible for setting bail. Because most people hope their bail process will be expedited, and to this effect many jails have bail schedules that specify bail amounts for common crimes. If a person commits one of these crimes, their bail price will be automatic. An arrested person can quickly pay the amount in the station house bail schedule. If your crime is not included in the schedule, you may need the assistance from attorneys in Utah.
If an individual cannot afford the bail amount, they can request that the judge lower the amount. In most states, a request for lowered bail will require a hearing. Typically, defendants will have a Utah attorney present at this hearing which could be a special bail hearing or an arraignment.
There are multiple laws in place that regulates bail amounts, and a Utah lawyer will manage your case and insure that all your freedoms are given to you. For example, the Eighth Amendment requires that bail not be excessive. Meaning, bail should not be used to raise money for government agencies or punish the person suspected of a crime. The purpose of bail is to allow the arrested person to remain free until convicted to a crime, and to keep the suspect from fleeing before the case is over. If the bail amount places an undue burden on the suspect and his or her family, a skilled Utah attorney and likely have the bail reduced.
At times, judges will set an impossibly high bail in particular types of cases judges may set a unusually high bail (case types include violent crimes, or drug sales), knowing that the bail could never possibly be met and the suspect will have to remain in lock up until the case is over. Bail for this purpose is called preventative detention, and is thought by many attorneys in Utah to violate the Constitution. Historically courts have rejected this argument, and for the time being many (innocent until proven guilty) suspects have been held, wrongfully or not.
The information above describes how bail is determined. If you or someone you know has been arrested and you would like to know more about the bail process stay tuned for Part 2 of this series. Attorneys in Utah will fight for you to make sure that you are viewed as innocent until proven guilty. Among other things, they will work to make sure that your bail is set fairly. If you are in need of a Utah attorney, contact Shumway Van & Hansen for a free consultation.
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.