Salt Lake City Pre-Trial Release Attorneys
Lawyers in Salt Lake County Helping Clients With Pre-Trial Detention Hearings
After being arrested for an alleged criminal offense, your mind is likely to be running a thousand miles per hour, trying to figure out what has happened, how you can defend yourself, and what you need to do to protect your rights. At the same time, you may also feel paralyzed and like nothing you can do will really make a difference. However, this is the wrong attitude to have. It is critical to act quickly to retain an experienced lawyer, as important events in your case, such as your pre-trial release hearing, will occur very soon after your arrest.
At Collins Rupp, P.C., our attorneys have years of experience working with clients at pre-trial hearings to get them released on little to no bail. We understand the factors the judge takes into consideration when deciding whether and how you can be released, and we will do everything we can to get you out of jail as quickly and painlessly as possible. After this, we can turn our attention to building a strong defense.
When Will I See a Judge?
After you are arrested for a crime, you will be taken to the local police station for what is known as the booking process. During this process, you will be fingerprinted and photographed, and your biographical information will be collected. Then, you will be held in the station's holding cell or at a local detention facility until your bail hearing can be held, typically no more than 48 hours after booking. Unless it is a weekend or a holiday, the hearing will usually occur much sooner than this, which is why it is vital for you or a loved one to contact an attorney as soon as possible after the arrest.
Will I Get Bail?
The pre-trial detention hearing is also commonly referred to as a bail hearing, although it is not always the case that the judge will set bail. For very serious crimes, such as sexual assault or other sex crimes, or if you have an extensive criminal record or a history of not appearing for court as required, the judge may choose to keep you in custody for the duration of the case. If no such circumstances exist, the judge could decide to release you on your own recognizance—meaning with no monetary bail. The judge could also set non-monetary conditions, such as attending drug or alcohol treatment, or they may set a monetary bail amount.
How Much Will My Bail Be?
If the judge decides to set monetary bail, our skilled lawyers will work to convince the judge to set bail at the lowest possible level. The primary factor that judges take into consideration is the amount suggested by the Utah Uniform Bail Schedule, a set of guidelines put out each year by the state with recommended bail amounts for each alleged offense. The amounts in the Schedule also vary depending on your criminal history. However, the judge is also permitted to take into account "extenuating circumstances" like your ties and contributions to the local community, flight risk, and the severity of the alleged offense. We will work to show the judge that extenuating circumstances exist in your case and that bail should be set lower than the amount in the guidelines.
What Is the Difference Between Bail and a Bond?
Under the law, "bail" refers to the amount of money that you will be required to pay to secure your release from jail while your case is moving forward. If you appear as required for the entirety of your case, you are entitled to a refund of your bail payment, minus any court fees or fines owed.
If the bail set by the judge is too much for you to pay in full, you or a loved one may need to retain a licensed bail bond agent to help get you out of jail. We can recommend the most reputable and reasonable bail bond agents in our experience. A bail bond agent will arrange for the issue of a surety bond with the court by agreeing to pay the full bail amount if you fail to appear as required. In exchange, you or a loved one must put up a percentage of the bail to the bond agent, which is usually 10 percent and no more than 20 percent under Utah law. If you fail to appear in court as required, the bond agent will come after you and any co-signers for repayment of the full bail amount.
Contact Our Office Today
For more information about the pre-trial release process in Utah, contact a member of the team at Collins Rupp, P.C., and schedule your free consultation. Call 385-777-2753 for an appointment with a skilled pre-trial release lawyer today.