When Can a Judge Order No Bail in Utah?
In Utah, a magistrate can order a no-bail hold under Utah Code §77-20-205, even before a case is officially filed in court. This can happen when the magistrate issues an initial arrest warrant or makes a probable cause determination on a warrantless arrest. They can order pretrial detention without bail if they decide it’s necessary.
Once the criminal case is filed, Utah Code §77-20-206 allows the prosecutor to request detention without bail. However, this only applies if the charges include at least one offense that qualifies for no bail detention. The court may hold a hearing where both sides can present their case, share evidence, and argue their points.
Exceptions to Bail in Utah
The Utah State Constitution guarantees most people the right to reasonable bail. However, the legislature has the authority to make exceptions to this general rule. Utah Code §77-20-201 outlines when pretrial detention without bail is allowed, listing several “eligible” offenses. These include:
- Capital felonies (like aggravated murder)
- Felonies committed while on felony probation or parole
- Any felony where the court finds, with clear and convincing evidence, that the person violated a major condition of release while on bail
- Domestic violence offenses (both felony and misdemeanor), if the court believes the person poses a serious danger to the alleged victim
- DUI or driving with a controlled substance that resulted in death or serious injury, where the person is also deemed a danger to the community
- Felony riot charges, if the court thinks the person is unlikely to appear at future court hearings
If a judge orders a no-bail hold, the defendant still has rights. They can request a hearing and have an attorney represent them during the process.
What You Need to Do Right Now
Facing a no-bail hold is scary. Sitting in jail with no way out can make you feel like the system’s working against you. But here’s the thing: You still have options. With a good attorney fighting for you, you can challenge that decision and push for your release.
At Stone River Law, we know how the system works, and we’ve helped people get out of tough spots like this before. Every second counts in situations like these, and having a solid defense team on your side can make all the difference. Give us a call right now for a consultation. We’ll help you understand your options, fight to get you or your loved one home, and take some of that weight off your shoulders. You don’t have to do this alone.