Posting bail is a fundamental right given to every accused individual except in extreme circumstances. These exceptions apply when the judge deems it necessary and reasonable to put someone in custody. This case occurs if it will compromise the safety of the community. In essence, bail is intended for these purposes:
- To make sure that the accused will attend the court hearing
- To safeguard and maintain the dependability and truthfulness of the court process
- To protect the lives of the victim(s) by preventing direct contact with the accused
Taking into account all these factors, the court may decide to suspend the right to post bail when major felony charges are committed such as murder, arson, and kidnapping. Depending on which state the crime is committed, sentencing and bail considerations must be properly studied and executed. For instance, the Utah State Courts provide the following classification for criminal offenses.
Major criminal acts like murder, rape, arson, drug possession, and kidnapping are classified as major felonies. A person who is found guilty of first degree murder may be incarcerated for a minimum of five years or lifetime imprisonment. In some instances, the punishment is lifetime imprisonment without any possibility of posting bail.
Felonies are further classified into four: capital, first degree, second degree, and third degree. If you need legal expertise on this matter, consult a lawyer or a bail bond agency to see where your situation or concern fits.
Under this category, all criminal offenses are punishable by at least one year imprisonment with or without a fine. Misdemeanors are also categorized into three classes: Class A, B, and C.
Disorderly conducts and minor traffic violations fall under this category. In Utah, the maximum amount for fines is only $750.
“No Bail” is Possible
Generally, the following crimes will not allow the defendant to post bail as these crimes are considered as capital felonies especially in Utah.
- Aggravated Murder
If someone has been found guilty of murder, arson, rape, or kidnapping, the judge, as the overseer of the case, weighs all the relevant factors in order to come up with the most appropriate punishment.
To make sure you get the most recent and accurate information about this matter, make an appointment with a legal professional. While the Eight Amendment of the United States of America guarantees that there should be no excessive bail, there are a few exceptions to be considered especially if the crime is classified as a capital felony.
In case a family member or a friend is arrested, contact your lawyer immediately for a thorough discussion. Every defendant must be given his or her chance to post bail while the trial schedule is not yet final. A reputable bail bond company is also helpful in case you need financial assistance during the whole process. Seek expert advice and request for bail details as early as possible to help you deal with challenges of the trial.
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