Bail is the means by which the court system attempts to guarantee a Defendant's appearance.  For a first time DUI, the standard bail in the State of Utah is $1,332.  For a second offense, the standard bail is $1,532 and for a third offense, standard bail is $1,532.  There are other circumstances in which bail for a DUI could be higher, if for example, an accident was involved, or that there was a minor younger than 18 in the car.

Bail is paid one of two ways.  If the person can afford to post the entire bail amount, then they are released after paying the standard bail.  Most jails accept credit cards.  The other manner of posting bail is through a bail bondsman.  A bail bondsman is a person who posts the bail on your behalf, and acts as a surety to the court.  If the Defendant does not show up to Court, it is the bail bondsman that has to pay to the Court the amount the court set as bail.  In that situation, if the bail is large enough, the bail bondsman will have a bounty hunter track down the person who skipped bail and bring them back to court, ala "The Dog" on TV.

An initial appearance is just that, specifically, the first appearance after a person has been arrested.  Depending on which court you are in, the judge will ask you to enter a plea.  At this time, except for very limited, unusual circumstances, a Defendant should enter a plea of not guilty.  The judge may have the Defendant come back in a short period of time to allow the Defendant to retain the services of an attorney, or the judge may set the matter for a pre-trial conference anywhere between 1-3 months in the future.

Arraignment is the time in which a Defendant is given formal notice of the charges filed against him/her.  In Justice Court, this happens at the time of the initial appearance.  As an aside, Justice Courts in the State of Utah are courts that handle B and C misdemeanors and Infractions only.  District Courts handle A misdemeanors, and all classifications of felonies. There are a few District Courts that sit as Justice Courts as well, where there is not a Justice Court in the area.  Arraignment at the District Court level takes place at the initial appearance for A misdemeanors.  Procedurally, felonies are handled differently.  At the felony level, the Defendant is entitled to a preliminary hearing, which is an evidentiary hearing designed to determined whether there is sufficient evidence to bind a Defendant over for trial.  Once the Court binds the Defendant over, the judge will arraign the Defendant on the charges.

Pretrial conferences are designed to facilitate discussion between the prosecution and the defense and attempt to settle the case or start tracking the matter for trial.  Pretrial conferences is the time when most cases are resolved.  The defense attorney will review the case and point out evidentiary or procedurally weaknesses of the case to the prosecution, if any, and the prosecutor will have taken the time to review the case in detail and will be prepared to make an offer resolving the case.  If the matter is not resolved at the time of pretrial conference, then the matter will be set for trial, with specific deadlines for filing motions, voir dire and jury instructions.

There two types of trials, a bench trial and a jury trial.  A bench trial is one in which there is no jury; the judge hears the evidence as the trier of fact and makes a determination of innocence or guilt.  A jury trial is just that, a trial by a jury of peers.  The trial itself is conducted much in the same way as seen on TV, with witnesses testifying and cross examination.  However, unlike TV, there are very specific rules that must be followed regarding the types of questions asked and how they can be asked.  At the conclusion of the presentation of the case, both sides argue their positions to the trier of fact and then the judge or jury deliberate and make a finding of guilty or not guilty.