The Violation of Bail Bond Conditions is one of the ugliest charges in Colorado. It causes a defendant to not only face time on their current charges but to also face MANDATORY CONSECUTIVE jail time on the Violation of the Bail Bond Condition.
So what is a violation of a bail bond condition? Well, when you are bonded out of jail, there are a number of conditions to that bond. The first, is that you show up to court. There can be other conditions, such as staying away from the alleged victim, or taking UAs or Bas, or checking in with pre-trial services. All of these types of bond conditions must be followed to a “T”, because a failure to follow them, will give the DA the leverage to hit you with an additional charge of a violation of bail bond condition.
Why is this charge so nasty?
It is a nasty little sucker because it ruins good cases. DAs are quickest to file the charge in their weak cases. The reason is this: a DA knows that he may lose a weak case but he also knows that it is highly unlikely that he will lose a violation of bail bond conditions. The charge is simply too easy for the DA to prove. As such, when there is a violation of the bail bond on a weak case, the DA suddenly has leverage to get a plea on the weak case. For example, the DA may say, “I will dismiss the violation of bail bond charge, for a plea on the weak charge.” Because the penalties are so severe for the violation of bail bond charge, the defendant will have no recourse except to plea on the charge.
What are the penalties for a Violation of Bail Bond Condition?
The two most important penalties for a violation of a bail bond condition are this:
- MANDATORY JAIL – this means the judge has to sentence you to jail. Probation is no longer an option.
- 6 months – the minimum term for a violation of bail bond condition on a misdemeanor offense is 6 months. For a felony conviction, the mandatory minimum jail time is 1 year. The judge has no ability to go lower than these mandatory minimum jail times.
- CONSECUTIVE SENTENCES – the judge has no authority to give you a concurrent sentence. If you are found guilty of the original charge and the violation of the bail bond condition, they WILL run consecutively. So a 6 month sentence on the original charge with a violation of a bail bond will require a minimum of 1 full year in jail.
What can be done to avoid this charge?
- Generally, you MUST follow the conditions of your bond. One of the first things you should do is go to courtreminder.com and signup for free notifications about your upcoming court dates. With reminders before every court date, you won’t forget about court.
- Do not contact the alleged victim. I don’t care if she is your girlfriend or your wife, you CANNOT contact her once the protection order is place (until the protection order is modified by a Judge).
- If the judge says you need to stay off drugs, then you need to stay off drugs. Whether you need to go to a treatment program or find new friends, it is esssential that you take everything that the judge says seriously so that you do not end up in jail.
If you are facing this charge and you do not have a Criminal Defense Attorney, you need to find one Immediately. This charge cannot be handled without an attorney and an attempt to do so would be devastating.
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.