Utah Code 77-20-502. Time for bringing defendant to court — Defendant in custody in another jurisdiction — Notice to prosecuting attorney
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(1)
Terms Used In Utah Code 77-20-502
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Forfeiture: means :(8)(a) to divest an individual or surety from a right to the repayment of monetary bail; or(8)(b) to enforce a pledge of assets or real or personal property from an individual or surety used to secure an individual's pretrial release. See Utah Code 77-20-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Surety: means a surety insurer or a bail bond agency. See Utah Code 77-20-102
(1)(a) If notice of a defendant‘s failure to appear is emailed to a surety under Section 77-20-501, the surety may bring the defendant before the court, or surrender the defendant into the custody of a county sheriff within the state, within 180 days after the day on which the defendant failed to appear in court as required.
(1)(b) A forfeiture action may not be brought during the 180-day time period described in Subsection (1)(a).
(2) A surety may request an extension of the 180-day time period in Subsection (1) if the surety within that time:
(2)(a) files a motion for extension with the court; and
(2)(b) mails the motion for extension and a notice of hearing on the motion to the prosecuting attorney.
(3) The court may extend the 180-day time period in Subsection (1) for no more than 30 days if:
(3)(a) the surety has complied with Subsection (2); and
(3)(b) the court finds good cause.
(4) If a surety is unable to bring a defendant to the court because the defendant is and will be in the custody of authorities of another jurisdiction, the surety shall:
(4)(a) notify the court and the prosecuting attorney; and
(4)(b) provide the name, address, and telephone number of the custodial authority.