Title 77, Title 77: Criminal Procedure

77-20-202. Collection of pretrial information. (1) When an individual is arrested without a warrant for an offense and booked at a jail facility, an employee at the jail facility, or an employee of a pretrial services program, shall submit the following information to the court w…

77-20-203. County sheriff authority to release an individual from jail on own recognizance. (1) As used in this section: "Division" means the Division of Adult Probation and Parole created in Section. 64-14-202 "Qualifying domestic violence offense" means the same as that term is…

77-20-204. County jail authority to release an individual from jail on monetary bail. (1) As used in this section, "eligible felony offense" means a third degree felony violation under: Sectionor; 23A-4-501 23A-4-502 Section; 23A-5-311 Section; 23A-5-313 Title 76, Chapter 6, Part…

77-20-205. Pretrial release by a magistrate or judge. (1) At the time that a magistrate issues a warrant of arrest, or finds there is probable cause to support the individual's arrest under Rule 9 of the Utah Rules of Criminal Procedure, the magistrate shall issue a temporary pre…

77-20-205.5. Financial condition schedule. (1) For a felony, the default amount for a financial condition is: $25,000 for a first degree felony with a minimum mandatory sentence; $20,000 for a first degree felony without a minimum mandatory sentence; $10,000 for a second degree f…

77-20-206. Motion for pretrial detention -- Pretrial detention hearing -- Requirements for no bail holds. (1) If the criminal charges filed against an individual include one or more offenses eligible for detention under Subsectionor, the prosecuting attorney may make a motion for…

77-20-207. Modification of pretrial status order -- Failure to appear. (1) A party may move to modify a pretrial status order: at any time after a pretrial status order is issued; and only upon a showing that there has been a material change in circumstances. (2) Notwithstanding …

77-20-208. Release from conditions when charges not filed in specified time period. (1) If a prosecuting attorney does not file an information, indictment, or a request to extend time under Subsection, within 120 days after the day on which a county jail official released the ind…

77-20-209. Right to expedited appeal of pretrial detention. If a magistrate or judge issues a pretrial status order that orders the individual be detained during the time the individual awaits trial or other resolution of criminal charges, the individual has the right to an exped…

77-20-301. Grounds for detaining or releasing defendant on conviction and prior to sentence. (1) Upon conviction, by plea or trial, the court shall order that the convicted defendant who is waiting imposition or execution of sentence be detained, unless the court finds, by clear …

77-20-302. Grounds for detaining defendant while appealing the defendant's conviction -- Conditions for release while on appeal. (1) The court shall order that a defendant who has been found guilty of an offense in a court of record and sentenced to a term of imprisonment in jail…

77-20-401. Payment of monetary bail to sheriff -- Specific payment methods. (1) Subject to Subsection, if an individual has been required by a county jail official, or ordered by a magistrate or judge, to post monetary bail as a condition of pretrial release, the individual may p…

77-20-402. Payment of monetary bail to court -- Specific payment methods -- Refund of monetary bail. (1) Subject to Subsection, a defendant may choose to post the amount of monetary bail imposed by a judge or magistrate by any of the following methods: (2) in cash; by a bail bond…

77-20-403. Disposition of forfeited monetary bail. If money deposited as a financial condition or money paid by a surety on a bail bond is forfeited and the forfeiture is not discharged or remitted, the clerk with whom the money is deposited or paid shall, immediately after final…

77-20-501. Liability on a bail bond -- Failure to appear -- Notice to surety. (1) Unless exonerated under Subsection, the principal and the surety on a bail bond are liable on the bail bond during all proceedings and for all court appearances required of the defendant up to and i…

77-20-502. Time for bringing defendant to court -- Defendant in custody in another jurisdiction -- Notice to prosecuting attorney. (1) If notice of a defendant's failure to appear is emailed to a surety under Section, the surety may bring the defendant before the court, or surren…

77-20-503. Surrender of defendant by surety -- Arrest of defendant. (1) A surety may at any time prior to a defendant's failure to appear, surrender the defendant and obtain an exoneration of the bail bond by notifying the clerk of the court in which the bail bond was posted of t…

77-20-504. Exoneration of a bail bond. (1) The court shall exonerate a bail bond if: a defendant, who has posted monetary bail by a bail bond, fails to appear before the appropriate court as required; notice of the defendant's failure to appear is not emailed to the surety as lis…

77-20-505. Forfeiture of a bail bond. (1) If a surety fails to bring the defendant before the court within the time period described in Section, the prosecuting attorney may request the forfeiture of the bail bond by: 77-20-502 filing a motion for bail bond forfeiture with the co…