Terms Used In Utah Code > Title 77 > Chapter 20 - Bail

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bail: means pretrial release. See Utah Code 77-20-102
• 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 bond: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102
• Bail bond agency: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• County jail official: means a county sheriff or the county sheriff's designee. See Utah Code 77-20-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Exonerate: means to release and discharge a surety, or a surety's bail bond producer, from liability for a bail bond. See Utah Code 77-20-102
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Financial condition: means any monetary condition that is imposed to secure an individual's pretrial release. See Utah Code 77-20-102
• 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
• Fraud: Intentional deception resulting in injury to another.
• 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.
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Monetary bail: means a financial condition. See Utah Code 77-20-102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Pretrial detention hearing: means a hearing described in Section 77-20-206. 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 risk assessment: means an objective, research-based, validated assessment tool that measures an individual's risk of flight and risk of anticipated criminal conduct while on pretrial release. See Utah Code 77-20-102
• Pretrial services program: means a program that is established to:
       (16)(a) gather information on individuals booked into a jail facility;
       (16)(b) conduct pretrial risk assessments; and
       (16)(c) supervise individuals granted pretrial release. 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
• Principal: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Surety: means a surety insurer or a bail bond agency. See Utah Code 77-20-102
• Surety insurer: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102
• Temporary pretrial status order: means an order issued by a magistrate that:
       (21)(a) releases the individual on the individual's own recognizance until a pretrial status order is issued;
       (21)(b) sets the terms and conditions of the individual's pretrial release until a pretrial status order is issued; or
       (21)(c) denies pretrial release and orders that the individual be detained until a pretrial status order is issued. See Utah Code 77-20-102
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unsecured bond: means an individual's promise to pay a financial condition if the individual fails to appear for any required court appearance. See Utah Code 77-20-102
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5