If you have ever been arrested, you understand the freedom "posting bail" provides; it prevents the defendant from sitting in a jail cell until a judge is available for the bail hearing. It gives the defendant a chance to spend time with loved ones, make arrangements, and take care of unfinished business before being potentially incarcerated. It also allows defendants to return to work and preserve their job.
A Bail Bondsman: Your Ticket Out
Bail can be paid with cash or money order in most jurisdictions. When defendants do not have adequate funds to pay bail, they may have an option to pay a bond instead. A bond is a small portion of the bail amount accompanied by a promise to pay the full amount if the defendant fails to return to appear in court on a predetermined date. The accused who are not able to post bond may elect to use a bail bondsman, who will complete legal paperwork and post bond for the defendant in return for a fee and a collateral.
Federal Bail Bond Statutes
Bail bond statutes will vary between state and federal courts. When suspects will be tried in federal court, federal statutes govern the bail bond process. Federal bail bond statues now allow courts to retain individuals who are considered dangerous before trial to protect the public. They also govern which individuals can be retained without bail, including:
- those charged with a violent crime
- those charged with an offense accompanied by a maximum sentence of life in prison or the death penalty
- those charged with drug offenses carrying a maximum penalty of more than ten years in prison
- those charged with a felony offense who have been previously convicted of a felony
- those who pose a serious risk of failure to return/flight
- those who pose a serious risk of obstruction of justice
- and those who pose a serious risk of witness tampering
Utah State Bail Bond Statutes
The state of Utah clearly and carefully governs those practicing bail bonds and ensures they conduct business ethically and according to stringent licensing and ethical guidelines. Furthermore, just as federal statutes address the federal bail bond process, Utah statutes cover the same topics with variances in some areas.
In the state of Utah, those charged with a capital felony or a felony committed while on probation and those who pose a danger to others if released can be held without bail. Furthermore, Utah statutes prohibit bail for those arrested for failure to appear. This is different than federal guidelines in that those who are charged with a violent crime may still post bail if there is no reason to believe they are a danger to the public or any specific person or group.
Utah bail statutes also allow a surety (or a bondsman) to arrest and produce to court an individual who failed to appear. In this case, the agent is required to identify himself or herself appropriately and follow all law governing arrest by surety in the state of Utah. In order to become a "bail recovery agent" with the power to arrest additional guidelines must be met.
Choosing the Right Utah Bail Bond Agency
The right bail bondsman or agency will have thorough knowledge of state and federal guidelines and conduct their business in a professional, confidential, and ethical manner. To explore the possibility of posting bond for you or a loved one, visit Bad Boys Bail Bonds or call 866-306-8227 today to discuss your case. Bad Boys Bail Bonds Utah is a family owned bail bond business who believes that you are innocent until proven guilty.