Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(1) A party may move to modify a pretrial status order:
(a) at any time after a pretrial status order is issued; and
(b) only upon a showing that there has been a material change in circumstances.
(2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status order if:
(i) the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and
(ii) the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.
(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the defendant does not have the ability to pay the financial condition.
(3)(a) If a party makes a motion to modify the pretrial status order, the party shall provide notice to the opposing party sufficient to permit the opposing party to prepare for a hearing and to permit each alleged victim to be notified and be present.
(b) A hearing on a motion to modify a pretrial status order may be held in conjunction with a preliminary hearing or any other pretrial hearing.
(4) In ruling upon a motion to modify a pretrial status order, the judge may:
(a) rely on information as provided in Subsection 77-20-205(8);
(b) base the judge's ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to pretrial release; and
(c)(i) for a motion to modify a pretrial status order under Subsection (1), modify the pretrial status order, including the conditions of release, upon a finding that there has been a material change in circumstances; or
(ii) for a motion to modify a pretrial status order under Subsection (2), modify the pretrial status order by reducing the amount of the financial condition or imposing nonfinancial conditions of release upon a finding that the defendant is unable to pay the amount of the financial condition in the pretrial status order.
(5) In modifying a pretrial status order upon a motion by a party or on the court's own motion, the court shall consider whether imposing a bail bond as a condition of release in a modified pretrial status order will increase the likelihood of the defendant's appearance when:
(a) the defendant was previously released on the defendant's own recognizance or on nonfinancial conditions;
(b) the defendant willfully failed to appear at a required court appearance or has failed to appear at a required court appearance more than once; and
(c) a bench warrant was issued.
(6)Subsections 77-20-205(3) through (10) apply to a determination about pretrial release in a modified pretrial status order.
Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-20-207. Modification of pretrial status order--Failure to appear - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-20-207/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)