If you are accused of or arrested for a crime in the State of Utah, release from jail by posting cash bail or posting a bail bond are both options to consider. Utah’s bail bond system is complex and can be confusing. Know what to expect before you make any decisions.

What is bail in a criminal court case?

Cash bail and bail bonds are meant to allow an arrested person to be released from custody during the pendency of a criminal case, while still providing assurances and incentives for the person to appear in court as required.

When a bail amount is set, bail can be posted either as a “cash bail” or by bond. When the case is completed, if the defendant has appeared in court when required, the bail or bail bond will be exonerated (refunded back to the person or bond company that posted the bail or bond). This exoneration of bail applies even if the defendant is convicted.

What if I can’t afford bail?

Many times a defendant or his/her family cannot afford to give a court the entire amount of bail. A bail bond company can provide an alternative to posting the full cash bail.

In most cases, in exchange for paying a fee, a bail bond company can post a bond with the court for the full bail amount. Most Utah bond companies charge a fee of about 10% of the total bail amount.

For example, if the court sets bail at $10,000, a bond company will charge a fee to the defendant of $1,000. This fee is generally not refundable. The bond company then posts with the court a bond for the full $10,000 bail amount.

What can a bond company do if I don’t appear in court?

Fees charged by a bail bond company represent the risk the bond company takes on. Utah law provides that if a defendant fails to appear in court and remains “fugitive” for 90 days (with exceptions), the bail bond company will forfeit to the court the full $10,000 bail amount.

Even though a bail bond company earns a profit by charging fees in exchange for their willingness to post a bond for the full bail amount, the bond company still does not want to forfeit the full bail amount when a defendant fails to appear in court.

The bond company has a clear incentive to make efforts to ensure that the defendant shows up for each court hearing. If a defendant fails to appear, a bond company may actively work to apprehend and bring the defendant back before the court before the 90-day period expires.

Before agreeing to post a bail bond, the bond company will assess the risks involved in posting bail in the case. The defendant’s prior criminal history, record of appearing (or failing to appear) in court, ties to the local community, and other factors may all be considered. Depending on the risk level involved, the bond company may required collateral or a co-signer.

Do I need a bail bond company if I have already have a defense attorney?

Bail bond companies and attorneys serve very different purposes. But they can also work together to reach a better solution.

A specific agreement with a bond company to post bond at a reduced amount can be a factor a court may consider in addressing a defendant’s motion to reduce bail. A bond company may work with defense lawyers to help keep bail bond costs affordable. Sometimes, a defense attorney can facilitate communication and the exchange of necessary information between a bail bond company and an arrested person’s family members or friends.

Finding a Bail Bond Company in Utah

Not all bail bond companies are equal, and not all bail bond agreements contain the same terms or conditions. Some may be more onerous than others.

Be sure to investigate any bail bond company that you are considering working with. Always be sure to understand the terms of any agreement before you sign on the dotted line. And when you have questions, get good legal advice.

Call Canyons Law Group for more information and for help with your case.

Utah’s Bureau of Criminal Identification (BCI) is responsible for making an initial determination on expungement eligibility. If BCI determines that a person is in fact eligible for expungement, then a Certificate of Eligibility for Expungement may be issued to that person. If BCI denies the application, an appeal or request for administrative review must be filed within 30 days of the date the denial was issued.

Appeal and Administrative Review of Expungement Eligibility

In most cases, BCI accurately assesses criminal history records and correctly determines legal eligibility. But from time to time, mistakes are made. Most mistaken denials will involve either factual errors in court records or criminal history reports or errors in legal interpretation.

When BCI denies an application for a certificate of eligibility, an appeal or written request for administrative review must be filed within 30 days of the original denial decision. The request for review must explain why the original BCI decision was incorrect, and must also include documentation to support any claim of factual error.

Factual Errors

Most factual errors come from court records or from BCI’s own criminal history reports. Errors found in court records could include a delayed termination of probation or a docket entry showing the wrong offense level for a conviction.

Errors in BCI’s criminal history reports sometimes occur when BCI’s computer systems fail to accurately sync data from the Utah court’s computer systems. It is not uncommon for computer records to be incomplete for cases filed before the mid-1990’s. Some factual errors in a BCI criminal history report arise when one person has used another person’s name when arrested.

Determining the reason for the error is generally less important than finding the evidence or correct information that shows that the information in the BCI report or court docket is wrong. This could include a copy of the original court sentencing order, copies of booking photos from the original arrest, or records from the Department of Corrections showing that the person actually convicted of the crime is still in prison`.

Errors in Legal Analysis

Most legal rules regarding expungement eligibility are fairly clear. But it is not uncommon for the legislature to make changes (some small, some big) to the statutes governing eligibility.

When these changes occur, the statutory language will not have yet been fully interpreted by the appellate courts. When there are gray areas in these changes, it is not uncommon for multiple interpretations to arise as the new statutes are applied to specific case scenarios.

Finding an Attorney for Appeals of Expungement Eligibility

Regardless of the reasons, factual mistakes and legal errors do sometimes occur in BCI’s eligibility determination process. If you believe that you have been incorrectly denied a Certificate of Eligibility for Expungement by BCI, there is a 30-day window in which to file an appeal or request for administrative review. Consulting with an experienced expungement attorney can be the best way to understand you options in moving forward.