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Bail After an Arrest

Utah Code 77-20-201 — bail as a matter of right, with the exceptions the section lists

A person charged with or arrested for a criminal offense is admitted to bail as a matter of right, except in the cases the section lists.

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  • A capital felony with substantial evidence behind the charge.
  • A felony committed while on parole, probation or bail for a felony, with substantial evidence behind it.
  • A felony where the court finds by clear and convincing evidence that the person would be a substantial danger or is likely to flee.
  • A domestic violence offense, or a DUI causing death or serious bodily injury, where the court makes the same kind of finding about danger.

If the prosecutor files no information, indictment or request for more time within 120 days after a jail released the person on a financial condition, or after a temporary pretrial status order, the person is relieved of the release conditions and any monetary bail is refunded.

  • Utah Code 77-20-208

A request for more time is granted for up to 60 days, or up to 120 days on good cause, and charges can still be filed at any time.

  • Utah Code 77-20-208
Sources for this section (2)
  1. Utah Code 77-20-201 — Right to bail -- Capital felony
  2. Utah Code 77-20-208 — Release from conditions when charges not filed in specified time period

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Utah attorney.

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