Bail for All Crimes not a Constitutional Right
The eighth amendment of the U.S. Constitution states that “excessive bail shall not be required.” Some individuals believe that this means that all defendants must be constitutionally entitled to some level of bail. After all, if a Utah court did not offer bail to a defendant then it could not be excessive and the provision would become meaningless. A Provo criminal defense lawyer help to ensure bail procedures are correctly followed.
The U.S. Supreme Court has never held that bail is constitutionally guaranteed, and intimated that it in fact is not. Most of the reasons for this are historical. Defendants charged with offenses that carried the death penalty were never afforded the opportunity for bail. The Court has thus reasoned that because of this historical precedent, there are some exceptions to the otherwise plain meaning of the eighth amendment.
Bail in Utah not Applicable in all Criminal Cases
In Utah, all offenses are bailable except in certain situations involving a felony and substantial evidence to support the charge. Non-bailable situations include the following: 1.) capital felonies, 2.) felony committed while on probation, parole, or while already on bail awaiting trial on a felony charge, 3.) a felony charge and the court finds by clear and convincing evidence the person would be a substantial danger or is likely to flee jurisdiction of the court, 4.) felony where the court finds by clear and convincing evidence the person violated a material condition of release while previously on bail.
The capital exception was established when most felonies were subject to capital punishment. A Utah defendant facing death , particularly if the evidence is strong, might skip out of town if let out on bail and never return for trial. Some states have precluded bail for non-capital offenses and some statutes have been held unconstitutional.
Utah Criminal Defense Attorneys Protect Felony Bail Rights
If you or a loved one is arrested for committing a crime, call a criminal defense lawyer from Provo Criminal Defense. An attorney from Provo Criminal Defense will fight for your bail rights and help you get released from jail while awaiting trial. Call 801.800.8246 to speak with a lawyer today.