Utah § 77-20-207 Modification of pretrial status order -- Failure to appear.

Utah Statutes

§ 77-20-207 — Modification of pretrial status order -- Failure to appear.

Utah § 77-20-207

Title 77Utah Code of Criminal Procedure

Ch. 77-20Bail

Part 77-20-2Preconviction Bail

This text of Utah § 77-20-207 (Modification of pretrial status order -- Failure to appear.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 77-20-207 (2026).

Text

(1)A party may move to modify a pretrial status order:

(1)(a) at any time after a pretrial status order is issued; and

(1)(b) only upon a showing that there has been a material change in circumstances.

(2)(2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status order if:

(2)(a)(i) the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and

(2)(a)(ii) the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.

(2)(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the defendant does not have the ability to pay the financial condition.

(3)(3)(a) If a party makes a motion to modify the pretrial status orde

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(1) A party may move to modify a pretrial status order:
(1)(a) at any time after a pretrial status order is issued; and
(1)(b) only upon a showing that there has been a material change in circumstances.
(2) (2)(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status order if:
(2)(a)(i) the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and
(2)(a)(ii) the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.
(2)(b) For a motion under Subsection (2)(a), there is a rebuttable presumption that the defendant does not have the ability to pay the financial condition.
(3) (3)(a) If a party makes a motion to modify the pretrial status order, the party shall provide notice to the opposing party sufficient to permit the opposing party to prepare for a hearing and to permit each alleged victim to be notified and be present.
(3)(b) A hearing on a motion to modify a pretrial status order may be held in conjunction with a preliminary hearing or any other pretrial hearing.
(4) In ruling upon a motion to modify a pretrial status order, the judge may:
(4)(a) rely on information as provided in Subsection 77-20-205(8);
(4)(b) base the judge's ruling on evidence provided at the hearing so long as each party is provided an opportunity to present additional evidence or information relevant to pretrial release; and
(4)(c) (4)(c)(i) for a motion to modify a pretrial status order under Subsection (1), modify the pretrial status order, including the conditions of release, upon a finding that there has been a material change in circumstances; or
(4)(c)(ii) for a motion to modify a pretrial status order under Subsection (2), modify the pretrial status order by reducing the amount of the financial condition or imposing nonfinancial conditions of release upon a finding that the defendant is unable to pay the amount of the financial condition in the pretrial status order.
(5) In modifying a pretrial status order upon a motion by a party or on the court's own motion, the court shall consider whether imposing a bail bond as a condition of release in a modified pretrial status order will increase the likelihood of the defendant's appearance when:
(5)(a) the defendant was previously released on the defendant's own recognizance or on nonfinancial conditions;
(5)(b) the defendant willfully failed to appear at a required court appearance or has failed to appear at a required court appearance more than once; and
(5)(c) a bench warrant was issued.
(6) A court may not modify a pretrial status order to a no bail hold solely on the basis of a failure to appear.
(7) Subsections 77-20-205(3) through (11) apply to a determination about pretrial release in a modified pretrial status order.