Tremonton, UT asked in Criminal Law for Utah

Q: Why would a bail/bond hearing be scheduled after someone was released from jail?

My husband was arrested for assault and DV in the presence of a child and posted bail the next day. He violated the no contact order by coming back into the house right after being released. He now has a bail/bond hearing, but I thought that was so a judge could determine bail.

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1 Lawyer Answer
Lance E. Bastian
Lance E. Bastian
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: You're correct in that a bail/bond hearing is generally to determine bail, which includes setting, lowering, raising, and revoking it. The issue here is that your husband violated the terms of his release, so the hearing is more than likely based on a motion by the prosecution to determine whether bail should be increased or revoked altogether, in which case he could be held without bail. Most courts take no-contact orders in DV cases quite seriously, and the judge might determine it's either unsafe or puts the integrity of the case in jeopardy to allow your husband to be out on bail.

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