77-20-208. Release from conditions when charges not filed in specified time period.

225 words·~1 min read·/ut/title-77/chapter-20/77-20-208

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)If a prosecuting attorney does not file an information, indictment, or a request to extend time under Subsection

(2), within 120 days after the day on which a county jail official released the individual on a financial condition under Section 77-20-203 or within 120 days after the day on which a temporary pretrial status order was issued for the individual:

(a)the individual shall be relieved from any condition of pretrial release;

(b)the court shall refund any monetary bail in accordance with Subsection 77-20-402(5) ; and

(c)if a bail bond was used to post monetary bail, the bail bond shall be exonerated without further order of the court.

(2)A request to extend time shall:

(a)be served on:

(i)the individual and the individual's attorney; and

(ii)if a bail bond was used to post monetary bail, the surety; and

(b)except as provided in Subsection

(3), be granted for a period of up to 60 days.

(3)The magistrate may grant a request to extend time for a period of up to 120 days upon a showing of good cause.

(4)Nothing in this section prohibits the filing of charges against an individual at any time.

Amended by Chapter 408 , 2023 General Session