Bond In Criminal Procedure In Utah

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US-00006DR
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

Rule 12. (a) Motions. An application to the court for an order shall be by motion, which, unless made during a trial or hearing, shall be in writing and in ance with this rule. A motion shall state succinctly and with particularity the grounds upon which it is made and the relief sought.

No - if you signed the bond it doesn't matter whether you have a job or not - or whether the bondsman asked you if you did. You are liable as surety on the bond - having a job or not has nothing to do with your liability. Sorry.

The prosecutor must make reasonable efforts to provide a copy of the subpoena to the victim within 14 days of receiving it. The subpoena may not require compliance in less than 14 days after service on the prosecutor or victim's representative.

A motion for judgment on the pleadings under FRCP 12(c) is designed to dispose of cases before trial where the material facts are not in dispute and a judgment on the merits can be rendered by looking to the substance of the pleadings and any judicially noticed facts.

(a) Time for sentencing. Upon the entry of a plea or verdict of guilty or plea of no contest, the court must set a time for imposing sentence which may be not less than two nor more than 45 days after the verdict or plea, unless the court, with the concurrence of the defendant, otherwise orders.

Rule 12— Defenses and Objections— When and How Presented— By Pleading or Motion— Motion for Judgment on the Pleadings. (a) When Presented. (1) Unless a different time is prescribed in a statute of the United States, a defendant shall serve an answer.

The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling. The court must not defer ruling on a pretrial motion if the deferral will adversely affect a party's right to appeal.

Basics of Rule 7 in Utah Criminal Procedure This is when you first appear before a judge in court with your Utah criminal defense lawyer at your side. Rule 7 encompasses your “first appearance,” which is often called your “arraignment,” as well as your initial bail determination hearing and your preliminary hearing.

Bail Eligibility in Utah Any person who has been charged with a non-capital crime is entitled, in most situations, to bail. Capital crimes are those crimes punishable by death. Most states that have a bail system have their own laws that may impact eligibility.

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Bond In Criminal Procedure In Utah