{"data":{"id":"us-ut/utah-code-77-20-207","jurisdiction":"us-ut","citation":"Utah Code § 77-20-207","heading":"Modification of pretrial status order -- Failure to appear.","body":"(1) A party may move to modify a pretrial status order:\n(a) at any time after a pretrial status order is issued; and\n(b) only upon a showing that there has been a material change in circumstances.\n(2)\n(a) Notwithstanding Subsection (1), a defendant may move to modify a pretrial status order if:\n(i) the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and\n(ii) the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.\n(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.\n(3)\n(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.\n(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.\n(4) In ruling upon a motion to modify a pretrial status order, the judge may:\n(a) rely on information as provided in Subsection 77-20-205(8);\n(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\n(c)\n(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\n(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.\n(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:\n(a) the defendant was previously released on the defendant's own recognizance or on nonfinancial conditions;\n(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\n(c) a bench warrant was issued.\n(6) A court may not modify a pretrial status order to a no bail hold solely on the basis of a failure to appear.\n(7) Subsections 77-20-205(3) through (11) apply to a determination about pretrial release in a modified pretrial status order.","path":["Title 77 Criminal Procedure","Chapter 77-20 Bail","Part 77-20-2 Preconviction Bail"],"source_url":"https://le.utah.gov/xcode/Title77/Chapter20/77-20-S207.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"0efc0d3c4c7e3a42bfe7b0adc37f470a1856e6d45fe512c8ccb67d953125e805","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-77-20-206","next":"us-ut/utah-code-77-20-208"},"notice":"GroundRules: Original legal text. Not legal advice."}