Terms Used In Utah Code > Title 77 > Chapter 20 - Bail

• Accuser: means an individual who:

  (a)	signs and swears to charges;

  (b)	directs that charges nominally be signed and sworn to by another; or

  (c)

  any other individual who has an interest other than an official interest in the prosecution of the accused. See Utah Code 39A-5-102 Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bail: means pretrial release. See Utah Code 77-20-102 Bail bond: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102 Bail bond agency: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102 Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102 Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102 Conviction: A judgement of guilt against a criminal defendant. County jail official: means a county sheriff or the county sheriff's designee. See Utah Code 77-20-102 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings. Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-5-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Exonerate: means to release and discharge a surety, or a surety's bail bond producer, from liability for a bail bond. See Utah Code 77-20-102 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Financial condition: means any monetary condition that is imposed to secure an individual's pretrial release. See Utah Code 77-20-102 Forfeiture: means : (a)  to divest an individual or surety from a right to the repayment of monetary bail; or (b)  to enforce a pledge of assets or real or personal property from an individual or surety used to secure an individual's pretrial release. See Utah Code 77-20-102 Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Magistrate: means the same as that term is defined in Section 77-1-3. See Utah Code 77-20-102 Material change in circumstances: includes : (i)  an unreasonable delay in prosecution that is not attributable to the defendant; (ii)  a material change in the risk that an individual poses to a victim, a witness, or the public if released due to the passage of time or any other relevant factor; (iii)  a material change in the conditions of release or the services that are reasonably available to the defendant if released; (iv)  a willful or repeated failure by the defendant to appear at required court appearances; or (v)  any other material change related to the defendant's risk of flight or danger to any other individual or to the community if released. See Utah Code 77-20-102 Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102 Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102 Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102 Monetary bail: means a financial condition. See Utah Code 77-20-102 National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102 Own recognizance: means the release of an individual without any condition of release other than the individual's promise to: (a)  appear for all required court proceedings; and (b)  not commit any criminal offense. See Utah Code 77-20-102 Person: means :Utah Code 68-3-12.5 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Pretrial detention hearing: means a hearing described in Section 77-20-206. See Utah Code 77-20-102 Pretrial release: means the release of an individual from law enforcement custody during the time the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102 Pretrial risk assessment: means an objective, research-based, validated assessment tool that measures an individual's risk of flight and risk of anticipated criminal conduct while on pretrial release. See Utah Code 77-20-102 Pretrial services program: means a program that is established to: (a)  gather information on individuals booked into a jail facility; (b)  conduct pretrial risk assessments; and (c)  supervise individuals granted pretrial release. See Utah Code 77-20-102 Pretrial status order: means an order issued by a magistrate or judge that: (a)  releases the individual on the individual's own recognizance while the individual awaits trial or other resolution of criminal charges; (b)  sets the terms and conditions of the individual's pretrial release while the individual awaits trial or other resolution of criminal charges; or (c)  denies pretrial release and orders that the individual be detained while the individual awaits trial or other resolution of criminal charges. See Utah Code 77-20-102 Principal: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Superior commissioned officer: means a commissioned officer superior to another in rank or command. See Utah Code 39A-5-102 Surety: means a surety insurer or a bail bond agency. See Utah Code 77-20-102 Surety insurer: means the same as that term is defined in Section 31A-35-102. See Utah Code 77-20-102 Temporary pretrial status order: means an order issued by a magistrate that: (a)  releases the individual on the individual's own recognizance until a pretrial status order is issued; (b)  sets the terms and conditions of the individual's pretrial release until a pretrial status order is issued; or (c)  denies pretrial release and orders that the individual be detained until a pretrial status order is issued. See Utah Code 77-20-102 Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unsecured bond: means an individual's promise to pay a financial condition if the individual fails to appear for any required court appearance. See Utah Code 77-20-102 Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. Writing: includes :Utah Code 68-3-12.5