Utah § 77-20-206 - Motion for pretrial detention -- Pretrial detention hearing -- Requirements for no bail holds.
Full text of Utah Utah Code § 77-20-206 — Motion for pretrial detention -- Pretrial detention hearing -- Requirements for no bail holds., with citation guidance and answers to common questions.
§ 77-20-206. Motion for pretrial detention -- Pretrial detention hearing -- Requirements for no bail holds.
Effective 5/6/2026 77-20-206.
Motion for pretrial detention -- Pretrial detention hearing -- Requirements for no bail holds.
(1)
(a)
If the criminal charges filed against an individual include one or more offenses eligible for detention under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8, the prosecuting attorney may make a motion for pretrial detention.
(b)
A prosecuting attorney may not omit from the prosecuting attorney's motion for pretrial detention any material information that is known to the prosecuting attorney to be favorable to the individual.
(c)
The motion for pretrial detention may include proposed factual findings for the court to adopt.
(d)
Upon receiving a motion for pretrial detention under Subsection (1)(a), the judge shall set a pretrial detention hearing in accordance with Subsection (2).
(2)
(a)
If a pretrial status order is not issued at an individual's first appearance and the individual remains detained, a pretrial detention hearing shall be held at the next available court hearing that is:
(i)
no sooner than seven days from the day on which the defendant was arrested; and
(ii)
no later than 14 days from the day on which the defendant was arrested.
(b)
A judge who is unable to hold a detention hearing within 14 days of the date of an individual's first appearance shall make a good faith effort to identify another judge who has the ability to conduct the detention hearing within 14 days of the date of the individual's first appearance.
(3)
(a)
An individual, who is the subject of a pretrial detention hearing, has the right to be represented by counsel at the pretrial detention hearing.
(b)
If a judge finds the individual is indigent under Section 78B-22-202, the judge shall appoint counsel to represent the individual in accordance with Section 78B-22-203.
(4)
At the pretrial detention hearing:
(a)
the judge shall give both parties the opportunity to make arguments and to present relevant evidence or information;
(b)
the prosecuting attorney and the defendant have a right to subpoena witnesses to testify; and
(c)
the judge shall issue a pretrial status order in accordance with Subsection (5) and Section 77-20-205.
(5)
After hearing evidence on a motion for pretrial detention, and based on the totality of the circumstances, a judge may order detention if:
(a)
the individual is accused of committing an offense that qualifies for detention of the individual under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8; and
(b)
the prosecuting attorney demonstrates substantial evidence to support the charge, and meets all additional evidentiary burdens required under Subsection 77-20-201(1) or Utah Constitution, Article I, Section 8.
(6)
An alleged victim has the right to be heard at a pretrial detention hearing on a motion for pretrial detention.
(7)
If a defendant seeks to subpoena an alleged victim who did not willingly testify at the pretrial detention hearing, a defendant may issue a subpoena, at the conclusion of the pretrial detention hearing, compelling the alleged victim to testify at a subsequent hearing only if the judge finds that the testimony sought by the subpoena:
(a)
is material to the substantial evidence or clear and convincing evidence determinations described in Section 77-20-201 in light of all information presented to the court; and
(b)
would not unnecessarily intrude on the rights of the victim or place an undue burden on the victim.
Section 77-20-206 ("Motion for pretrial detention -- Pretrial detention hearing -- Requirements for no bail holds.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 77-20-206?
A common citation format is "Utah Code § 77-20-206" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 77-20-206 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
