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Utah Code Title 77. Utah Code of Criminal Procedure § 77-11a-302. Return of seized property to claimant by surety bond or cash

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Except as provided in Subsection (2), a claimant may obtain the return of seized property by posting a surety bond or cash with the court that is in an amount equal to the current fair market value of the property as determined by the court or a stipulation by the parties.

(2) A court may refuse to order the return of property under Subsection (1) if:

(a) the bond tendered for the property is inadequate;

(b) the property is subject to the retention or preservation requirements under Chapter 11c, Retention of Evidence;

(c) the property is particularly altered or designed for use in the commission of the offense subjecting the property to forfeiture under Section 77-11b-102; or

(d) the property is contraband.

(3) If a surety bond or cash is posted and the court later determines that the property is forfeited, the court shall order the forfeiture of the surety bond or cash in lieu of the property.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-11a-302. Return of seized property to claimant by surety bond or cash - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-11a-302/

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