Utah Code
Utah Code § 77-20-207 (2026)
Modification of pretrial status order -- Failure to appear
✓ current as of May 2026
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A party may move to modify a pretrial status order:
at any time after a pretrial status order is issued; and
only upon a showing that there has been a material change in circumstances.
Notwithstanding Subsection (1), a defendant may move to modify a pretrial status order if:
the magistrate or judge imposed a financial condition as a condition of release in the pretrial status order; and
the defendant is unable to pay the financial condition within seven days after the day on which the pretrial status order is issued.
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.
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.
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.
In ruling upon a motion to modify a pretrial status order, the judge may:
rely on information as provided in Subsection 77-20-205(8);
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
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
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.
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:
the defendant was previously released on the defendant's own recognizance or on nonfinancial conditions;
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
a bench warrant was issued.
A court may not modify a pretrial status order to a no bail hold solely on the basis of a failure to appear.
Subsections 77-20-205(3) through (11) apply to a determination about pretrial release in a modified pretrial status order.