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) Subject to Subsection (2), a defendant may choose to post the amount of monetary bail imposed by a judge or magistrate by any of the following methods:
(a) in cash;
(b) by a bail bond with a surety;
(c) by an unsecured bond, at the discretion of the judge or magistrate; or
(d) by credit or debit card, at the discretion of the judge or magistrate.
(2) A judge or magistrate may limit a defendant to a specific method of posting monetary bail described in Subsection (1):
(a) if, after charges are filed, the defendant fails to appear in the case on a bail bond and the case involves a violent offense;
(b) in order to allow the defendant to voluntarily remit the fine in accordance with Section 77-7-21 and the offense with which the defendant is charged is listed in the shared master offense table as one for which an appearance is not mandatory;
(c) if the defendant has failed to respond to a citation or summons and the offense with which the defendant is charged is listed in the shared master offense table as one for which an appearance is not mandatory;
(d) if a warrant is issued for the defendant solely for failure to pay a criminal accounts receivable, as defined in Section 77-32b-102, and the defendant's monetary bail is limited to the amount owed; or
(e) if a court has entered a judgment of bail bond forfeiture under Section 77-20-505 in any case involving the defendant.
(3) Monetary bail may not be accepted without receiving in writing at the time the bail is posted the current mailing address, telephone number, and email address of the surety.
(4) Monetary bail posted by debit or credit card, less the fee charged by the financial institution, shall be tendered to the courts.
(5)(a) Monetary bail refunded by the court may be refunded by credit to the debit or credit card or in cash.
(b) The amount refunded shall be the full amount received by the court under Subsection (4), which may be less than the full amount of the monetary bail set by the judge or magistrate.
(c) Before refunding monetary bail that is posted by the defendant in cash, by credit card, or by debit card, the court may apply the amount posted toward a criminal accounts receivable, as defined in Section 77-32b-102, that is owed by the defendant in the priority set forth in Section 77-38b-304.
Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-20-402. Payment of monetary bail to court--Specific payment methods--Refund of monetary bail - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-20-402/
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)