Utah Code 77-20-207. Modification of pretrial status order — Failure to appear
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(1) A party may move to modify a pretrial status order:
Terms Used In Utah Code 77-20-207
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Financial condition: means any monetary condition that is imposed to secure an individual's pretrial release. See Utah Code 77-20-102
- Magistrate: means the same as that term is defined in Section 77-1-3. See Utah Code 77-20-102
- Material change in circumstances: includes :(10)(a)(i) an unreasonable delay in prosecution that is not attributable to the defendant;(10)(a)(ii) a material change in the risk that an individual poses to a victim, a witness, or the public if released due to the passage of time or any other relevant factor;(10)(a)(iii) a material change in the conditions of release or the services that are reasonably available to the defendant if released;(10)(a)(iv) a willful or repeated failure by the defendant to appear at required court appearances; or(10)(a)(v) any other material change related to the defendant's risk of flight or danger to any other individual or to the community if released. See Utah Code 77-20-102
- Own recognizance: means the release of an individual without any condition of release other than the individual's promise to:
(12)(a) appear for all required court proceedings; and(12)(b) not commit any criminal offense. See Utah Code 77-20-102- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Pretrial release: means the release of an individual from law enforcement custody during the time the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102
- Pretrial status order: means an order issued by a magistrate or judge that:
(17)(a) releases the individual on the individual's own recognizance while the individual awaits trial or other resolution of criminal charges;(17)(b) sets the terms and conditions of the individual's pretrial release while the individual awaits trial or other resolution of criminal charges; or(17)(c) denies pretrial release and orders that the individual be detained while the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102(1)(a) at any time after a pretrial status order is issued; and(1)(b) only upon a showing that there has been a material change in circumstances.(2)(2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status order if:(2)(a)(i) the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and(2)(a)(ii) the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.(2)(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the defendant does not have the ability to pay the financial condition.(3)(3)(a) If a party makes a motion to modify the pretrial status order, the party shall provide notice to the opposing party sufficient to permit the opposing party to prepare for a hearing and to permit each alleged victim to be notified and be present.(3)(b) A hearing on a motion to modify a pretrial status order may be held in conjunction with a preliminary hearing or any other pretrial hearing.(4) In ruling upon a motion to modify a pretrial status order, the judge may:(4)(a) rely on information as provided in Subsection 77-20-205(8);(4)(b) base the judge’s ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to pretrial release; and(4)(c)(4)(c)(i) for a motion to modify a pretrial status order under Subsection (1), modify the pretrial status order, including the conditions of release, upon a finding that there has been a material change in circumstances; or(4)(c)(ii) for a motion to modify a pretrial status order under Subsection (2), modify the pretrial status order by reducing the amount of the financial condition or imposing nonfinancial conditions of release upon a finding that the defendant is unable to pay the amount of the financial condition in the pretrial status order.(5) In modifying a pretrial status order upon a motion by a party or on the court’s own motion, the court shall consider whether imposing a bail bond as a condition of release in a modified pretrial status order will increase the likelihood of the defendant’s appearance when:(5)(a) the defendant was previously released on the defendant’s own recognizance or on nonfinancial conditions;(5)(b) the defendant willfully failed to appear at a required court appearance or has failed to appear at a required court appearance more than once; and(5)(c) a bench warrant was issued.(6) Subsections 77-20-205(3) through (10) apply to a determination about pretrial release in a modified pretrial status order. - Own recognizance: means the release of an individual without any condition of release other than the individual's promise to: