There is a newer version
of
this Section
2019 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 20 - Bail
Section 4 - Bail to be posted in cash, by credit or debit card, or by written undertaking -- Specific bail methods.
Universal Citation: UT Code § 77-20-4 (2019)
Effective 10/1/2019
77-20-4. Bail to be posted in cash, by credit or debit card, or by written undertaking -- Specific bail methods.
Amended by Chapter 397, 2019 General Session
77-20-4. Bail to be posted in cash, by credit or debit card, or by written undertaking -- Specific bail methods.
- (1)
- (a) Except as provided in Subsection (2), the judge or magistrate shall set bail at a single amount per case or charge.
- (b) Subject to Subsection (2), a defendant may choose to post the amount described in Subsection (1)(a) by any of the following methods:
- (i) in cash;
- (ii) by written undertaking with sureties;
- (iii) by written undertaking without sureties, at the discretion of the judge or magistrate; or
- (iv) by credit or debit card, at the discretion of the judge or bail commissioner.
- (2) A judge or magistrate may limit a defendant to a specific method of posting bail described in Subsection (1)(b)(i), (ii), (iii), or (iv):
- (a) if, after charges are filed, the defendant fails to appear in the case on a bail bond and the case involves a violent offense;
- (b) in order to allow the defendant to voluntarily forfeit bail in accordance with Section 77-7-21 and the offense with which the defendant is charged is listed in the shared master offense table as one for which an appearance is not mandatory;
- (c) if the defendant has failed to respond to a citation or summons and the offense with which the defendant is charged is listed in the shared master offense table as one for which an appearance is not mandatory;
- (d) if a warrant is issued for the defendant solely for failure to pay a criminal judgment account receivable, as defined in Section 77-32a-101, and the defendant's bail is limited to the amount owed; or
- (e) if a court has entered a judgment of bail forfeiture under Section 77-20b-104 in any case involving the defendant.
- (3) Bail may not be accepted without receiving in writing at the time the bail is posted the current mailing address, telephone number, and email address of the surety.
- (4) Bail posted by debit or credit card, less the fee charged by the financial institution, shall be tendered to the courts.
- (5) Bail refunded by the court may be refunded by credit to the debit or credit card, or cash. The amount refunded shall be the full amount received by the court under Subsection (4), which may be less than the full amount of the bail set by the court.
- (6) Before refunding bail that is posted by the defendant in cash, by credit card, or by debit card, the court may apply the amount posted toward accounts receivable, as defined in Section 77-32a-101, that are owed by the defendant in the priority set forth in Section 77-38a-404.
Amended by Chapter 397, 2019 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
