Go to Other Versions of The
Utah Code
2020 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 20 - Bail
Section 10 - Grounds for detaining defendant while appealing the defendant's conviction -- Conditions for release while on appeal.
Universal Citation:
UT Code § 77-20-10 (2020)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 10/1/2020
77-20-10. Grounds for detaining defendant while appealing the defendant's conviction -- Conditions for release while on appeal.
Amended by Chapter 142, 2020 General Session
Amended by Chapter 185, 2020 General Session
77-20-10. 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 or prison, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the court finds:
- (a) the appeal raises a substantial question of law or fact likely to result in:
- (i) reversal;
- (ii) an order for a new trial; or
- (iii) a sentence that does not include a term of imprisonment in jail or prison;
- (b) the appeal is not for the purpose of delay; and
- (c) by clear and convincing evidence presented by the defendant that the defendant is not likely to flee the jurisdiction of the court, and will not pose a danger to the physical, psychological, or financial and economic safety or well-being of any other person or the community if released.
- (a) the appeal raises a substantial question of law or fact likely to result in:
- (2) If the court makes a finding under Subsection (1) that justifies not detaining the defendant, the court shall order the release of the defendant, subject to conditions that result in the least restrictive reasonably available conditions that the court determines will reasonably ensure the appearance of the defendant as required and the safety of any other individual, property, and the community. The conditions may include the conditions described in Subsection 77-20-1(4)(b).
- (3) The court may, in its discretion, amend an order granting release to impose additional or different conditions of release.
- (4) If the defendant is found guilty of an offense in a court not of record and files a timely notice of appeal pursuant to Subsection 78A-7-118(1) for a trial de novo, the court shall stay all terms of a sentence, unless at the time of sentencing the judge finds by a preponderance of the evidence that the defendant poses a danger to another person or the community.
- (5) If a stay is ordered, the court may order post-conviction restrictions on the defendant's conduct as appropriate, including:
- (a) continuation of any pre-trial restrictions or orders;
- (b) sentencing protective orders under Section 78B-7-804;
- (c) drug and alcohol use;
- (d) use of an ignition interlock; and
- (e) posting appropriate monetary bail.
- (6) The provisions of Subsections (4) and (5) do not apply to convictions for an offense under Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
- (7) Any stay authorized by Subsection (4) is lifted upon the dismissal of the appeal by the district court.
Amended by Chapter 142, 2020 General Session
Amended by Chapter 185, 2020 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.
