Terms Used In Utah Code > Title 77 > Chapter 20 > Part 2 - Preconviction Bail

• 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.
• 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.
• 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
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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.
• 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.
• Financial condition: means any monetary condition that is imposed to secure an individual's pretrial release. See Utah Code 77-20-102
• 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 Monetary bail: means a financial condition. See Utah Code 77-20-102 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. 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 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 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 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. Surety: means a surety insurer or a bail bond agency. 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. 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 Writing: includes :Utah Code 68-3-12.5