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Utah Code Title 77. Utah Code of Criminal Procedure § 77-20-503. Surrender of defendant by surety--Arrest of defendant

Current as of May 05, 2022 | Updated by FindLaw Staff

(1)(a)(i) A surety may at any time prior to a defendant's failure to appear, surrender the defendant and obtain an exoneration of the bail bond by notifying the clerk of the court in which the bail bond was posted of the defendant's surrender and requesting exoneration.

(ii) Notification shall be made immediately following the surrender by mail, email, or fax.

(b) To effect surrender of the defendant, a certified copy of the surety's bail bond from the court in which the bail bond was posted or a copy of the bail bond agreement with the defendant shall be delivered to the on-duty jailer, who shall:

(i) detain the defendant in the on-duty jailer's custody as upon a commitment; and

(ii) in writing acknowledge the surrender upon the copy of the bail bond or bail bond agreement.

(c) The certified copy of the bail bond or copy of the bail bond agreement upon which the acknowledgment of surrender is endorsed shall be filed with the court.

(d) Upon a filing described in Subsection (1)(c), the court, upon proper application, may:

(i) exonerate the bail bond; and

(ii) order a refund of any paid premium, or part of a premium, as the court finds just.

(2) For the purpose of surrendering the defendant, the surety may:

(a) arrest the defendant:

(i) at any time before the defendant is finally exonerated; and

(ii) at any place within the state; and

(b) surrender the defendant to any county jail booking facility in Utah.

(3) An arrest under this section is not a basis for exoneration of the bail bond under Section 77-20-504.

(4) A surety acting under this section is subject to Title 53, Chapter 11, Bail Bond Recovery Act.

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Cite this article: FindLaw.com - Utah Code Title 77. Utah Code of Criminal Procedure § 77-20-503. Surrender of defendant by surety--Arrest of defendant - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-77-utah-code-of-criminal-procedure/ut-code-sect-77-20-503/

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