Initial Bail Hearings in Provo
Since the most important immediate concern of arrested defendants is getting release from jail, initial bail determinations are often made in informal settings, without counsel, and often without any set procedures in Provo. This should not be too surprising because defendants are usually not anxious to delay the moment of the first determination of bail, hoping that the decision will allow them to go home.
Sometimes in Utah, for minor offenses such as traffic violations, police officers may be able to set the bail (or release a suspect on a summons or citation) in the police station. Initial bail decisions are sometimes made on the basis of what may be scant evidence–usually hearsay evidence of some sort. Again, however, waiting for evidence which would be admissible by law, and for the defendant to obtain evidence supporting the desire for low or no bail might result in a delay of the defendant’s release.
Lawyers may Represent Defendants at Bail Hearings
There appears to be no definitive answer relating to whether the defendant or the prosecutor has the burden on the question regarding the risk of the defendant failing to appear for court, or what the standard of proof is. The prosecutor must rely on whatever information is available at the time to carry the burden.
While Utah does not preclude a lawyer from representing a defendant at the first determination of bail, requiring an appointed counsel be present at that first determination would be too difficult. The US Supreme Court has said that a bail hearing is not a critical stage in the criminal proceeding, so it is not necessary for a defendant to have an attorney present or be assigned one. Of course, whether at the initial bail hearing or at any later proceeding, the defendant’s counsel will be allowed to participate in that proceeding.
Provo Criminal Defense Lawyers Represent at Bail Hearings
If you or a loved one has been arrested and is set to appear at a bail hearing, call the Provo criminal defense attorneys from Criminal Defense Provo. It is never a good idea to appear before a judge or to talk with Utah police without a lawyer. Criminal Defense Provo attorneys will ensure you are protected at a bail hearing and will help you get out of jail. Call them at 801.800.8246 for all your criminal defense needs.
