Seeking Justice for ALL in UtahSM

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The Utah Justice Foundation has a MISSION to inform, to educate, and to seek Justice for ALL involved with the criminal justice system in the state of Utah.

We seek to help criminal defendants receive fair and balanced Justice for their particular circumstances and case! We seek long-term solutions for each defendant, while being mindful of the interests of victims and society.


The Utah Justice Foundation provides the following general information with regard to Bail Bonds and the criminal justice system in the state of Utah.

The law provides that the accused must be informed of his or her crime and whether he or she may be released on bail. The primary factors to be considered in determining whether release on bail will be allowed and the amount of any such bail are:

    (1) The crime alleged to have been committed by the accused.
    (2) The perceived danger to society if the accused is released on bail.
    (3) The likelihood that the accused will appear in court if released on bail.

Release on bail will not be allowed under the law in the case of a Capital Offense (such as murder) or if the accused is perceived as a serious threat to the safety of others in the community.

When the Judge allows Bail, the bail amount must be posted in full in order for the accused to be released from custody. Bail Bonds allow those who do not have the means to post the full bail amount to obtain a "loan" from a licensed Bail Bond Agency that will then post a bond for the full bail amount in exchange for a fee.

Generally, the fee for the Bail to be posted by a Bail Bond Agency will be 10 percent of the bail amount. For example, the fee would be $500 for a $5,000 Bail Bond to be posted by a Bail Bond Agency in most cases. This fee is not refundable!

For more detailed information or to obtain a Bail Bond, we suggest that you contact one of the following Bail Bond Agencies licensed in Utah:

  • Beehive Bail Bonds at (801) 328-3329
  • Statewide Bail Bonds at (801) 261-3055
  • Utah Bail Bonds at (801) 978-2245

The Utah Department of Insurance maintains a list of licensed Bail Bond Agencies.
Click here for the currently posted list.

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The Constitution of Utah sets Rights of the Accused in Article 1, Section 12,
and addresses Bail as indicated below:

********     Section 8.    [Offenses bailable.] All prisoners shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption strong.    **********    Section 9.    [Excessive bail and fines. Cruel punishments.] Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor.    *********

Constitution of Utah - Article 1, Sections 8 & 9
Offenses Bailable & No Excessive Bail or Fines

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Many Defendants would say, "Bail me out right now!" This may not always be the best course of action. Why? Well, the primary issue is that the bail bondsman's fee is non-refundable and can be a substantial sum.

For example, where the bail amount is $10,000, the bail bondsman's non-refundable fee (typically 10%) would be $1,000. So, if $1,000 is paid to "bailout," this sum will not be available to hire a private attorney to protect the rights of the defendant - who is only accused of a crime(s) and not yet convicted of the alleged criminal charges.

The Utah Justice Foundation has been advised by several bail bondsman that they warn their prospective clients about not having enough money to hire a good attorney if they use their money to bailout too quickly. These are the reputable bail bond agencies and the one's you want to talk with about your options.

Perhaps even more important that talking with a reputable bail bondsman about options, would be talking with a competent attorney as soon as possible about the realistic possiblities of release from jail under one of the following scenarios:

    (1) No bail required once the Defendant has an Attorney and/or appears.
    (2) Defendant will be released after accepted by Pre-Trial Services.
    (3) Bail amount can be reduced (10% of less) at a bail reduction hearing.
    (4) Defendant may post collateral in lieu of a cash bail bond from a bondsman.
    (5) Another scenario identified by a skilled attorney and/or bail bondsman.

Bottom line: Before paying a bail bondsman a non-refundable fee to "bailout" right away, consider the other available options with a competent attorney and reputable bail bondsman. We can recommend our Featured Attorneys and Featured Bail Bondsman to you as professionals that will help you in this area. After talking with the experts, you may decide that a few hours of processing through the jail system is worth saving $500, $1,000, or even more for use in your defense of the charges.

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