Getting arrested is an unfortunate experience. If you qualify for bail, the judge will set the amount based on several factors, including the severity of the crime. While posting bail is a right given to every accused person, there are still some exceptions. These exceptions occur if the judge considers it necessary for an accused person to remain in custody. (Check out our article on How Do Judges Determine A Bail Amount).
What’s Bail Used For?
Posting a person’s bail provides assurance they will attend all future court appearances. It also helps maintain dependability of the court process and protects the lives of the victims by preventing direct contact with the accused. If the judge feels the defendant could be a threat to the safety of the community, they may decide to suspend the right to post bail. This is particularly the case for major crimes such as murder, arson, and kidnapping. It’s important to note that sentencing and bail considerations may differ by state. The Utah State Courts give the following criminal offense classifications:
Felonies are classified into four categories: capital, 1st degree, 2nd degree, and 3rd degree in order of decreasing severity. Major felonies are criminal acts such as murder, rape, arson, kidnapping and drug possession. For a conviction of first-degree murder, in some cases, the punishment is lifetime imprisonment without the possibility of posting bail.
Misdemeanors are criminal offenses punishable with at least one year of imprisonment. These are further classified into A, B, and C classes.
Examples of infractions include disorderly conduct and minor traffic violations. For Utah, fines must not exceed $750.
When No Bail is Possible
Capital felonies are the most severe offenses. These include aggravated murder, rape, arson, and kidnapping. Generally, these crimes will not allow the defendant to post bail.
Contact your lawyer immediately if a friend or loved one is arrested to discuss their situation. Request expert advice for the bail details as soon as you can.
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