Getting a Bond in your Colorado Criminal Case
If you are accused of a criminal charge in Colorado, you will either be arrested or issued a summons which will tell you to appear in court.
When you appear in court, you will be taken before a Judge who will determine whether you should receive a bond or not. The bond is a contractual agreement with the court to appear. The primary purpose of a bond is to ensure your appearance and is not to be used to punish you. In certain circumstances, the judge will not give you a bond. These circumstances occur when you are charged with a capital offense or a crime of violence. In all other situations, you are entitled to a bond.
Factors the Judge Considers in Setting a Bond in a Colorado Criminal Case
• the amount cannot be oppressive;
• the amount cannot exceed the amount of the maximum penalty when the crime is punishable by fine only;
• the employment status of the defendant;
• the defendant’s past and present residences;
• The defendant’s character and reputation;
• Whether there are any people who would help the defendant in getting to court;
• The nature of the charges, the probability of conviction, and the likely sentence;
• The defendant’s criminal history;
• The defendant’s history showing up to court;
• The likelihood of witness intimidation;
• The likelihood of future violations of law;
• Ties to the community;
Before the judge gives you a bond, your Colorado Criminal Lawyer will have the opportunity to address the court and tell the court about the specific facts of your life that are applicable to the bond. Your Colorado Criminal Defense Attorney can discuss your ties to the community, criminal history, the nature of the charges, and all of the other factors that the court will consider to try to get you a low bond.
How to post a Bond in a Colorado Criminal Case
If you need to post a bond, you can post the bond directly or use a bond company. Most people use a bond company because the amount that they have to post is substantially less. For example, if you are given a cash, surety, or property bond in the amount of $1,000, you will only have to post $150 with a bond company. If you intend on posting the bond yourself, you will have to post the full $1,000. The difference between using a bond company and posting the bond yourself is that you will get the money back if you post it yourself. For example, if you use a bond company, you will give the bond company $150 and you will not get the money back. If you post the money with the court, you will get all $1000 back.
Once you have posted the bond, it is important that you attend all of your court dates. If you fail to attend a court date, your bond will be revoked and may be forfeited. In that situation, your Denver Criminal Defense Attorney will need to argue for a new bond that you can post. If you are unable to post the new bond, you will be taken to jail.
How to have a Colorado Criminal Lawyer ask for your bond to be Reconsidered
If you have been given a bond that you cannot post, you have the right to have your bond reconsidered. To do so, your Colorado Criminal Lawyer will file a motion with the court asking for your bond to be reconsidered. The judge will schedule your case for a hearing to reconsider your bond. At the hearing, your Coloardo Criminal Defense Attorney will argue as to why you should have a lower bond. The court will consider the arguments and decide how to handle your bond. Before your hearing, it is a good idea to speak with family members and your Denver Criminal Defense Attorney to create a strategy that you can offer to the court as an alternative to jail (such as a treatment program, or third party release).
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.