Utah Code 77-20-208. Release from conditions when charges not filed in specified time period
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(1) If a prosecuting attorney does not file an information, indictment, or a request to extend time under Subsection (2), within 120 days after the day on which a county jail official released the individual on a financial condition under Section 77-20-203 or within 120 days after the day on which a temporary pretrial status order was issued for the individual:
Terms Used In Utah Code 77-20-208
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bail: means pretrial release. See Utah Code 77-20-102
- Bail bond: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102
- County jail official: means a county sheriff or the county sheriff's designee. See Utah Code 77-20-102
- Financial condition: means any monetary condition that is imposed to secure an individual's pretrial release. See Utah Code 77-20-102
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Magistrate: means the same as that term is defined in Section 77-1-3. See Utah Code 77-20-102
- Monetary bail: means a financial condition. See Utah Code 77-20-102
- 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
- Surety: means a surety insurer or a bail bond agency. See Utah Code 77-20-102
(1)(a) the individual shall be relieved from any condition of pretrial release;(1)(b) the court shall refund any monetary bail in accordance with Subsection 77-20-402(5); and(1)(c) if a bail bond was used to post monetary bail, the bail bond shall be exonerated without further order of the court.
(2) A request to extend time shall:
(2)(a) be served on:
(2)(a)(i) the individual and the individual’s attorney; and
(2)(a)(ii) if a bail bond was used to post monetary bail, the surety; and
(2)(b) except as provided in Subsection (3), be granted for a period of up to 60 days.
(3) The magistrate may grant a request to extend time for a period of up to 120 days upon a showing of good cause.
(4) Nothing in this section prohibits the filing of charges against an individual at any time.