Excessive Bail at Utah Emergency Bond Hearings
Courts are prohibited by both the U.S. Constitution and Utah law from setting “excessive bail.” Magistrates and courts in Utah are only permitted under Utah Code § 77-20-1(2) to set a bail high enough to “reasonably” ensure the:
- Appearance at trial of the accused
- Integrity of the court process
- Safety of the public
- Lack of contact with witnesses and victims in certain situations
In most situations, the only purpose of setting a bail amount is to ensure the appearance at trial of the accused. If bail is unreasonably high, you may be able to get it reduced at an emergency bond hearing.
An emergency bond hearing may be able to reduce the bail amount, or secure the release on bail of a person who has previously been denied bail, especially if there has been a change in circumstances since the previous bond hearing.