“Bond Revocation” in Colorado – When does this happen?

Colorado judges revoke bond when you violate bail conditions (CRS 18-8-212), such as failing to appear (FTA) in court.

Once a bond is revoked, you may be remanded to jail pending the outcome of the criminal case. The bail money may then be forfeited to the court.

How do bail bonds work in Colorado?

Most people arrested on criminal charges are eligible for bail. As long as you put up a certain amount of money (“bail” or “surety”) to the court, the judge will release you pending the resolution of the case.

You can remain out of custody as long as you follow all the bail conditions (such as showing up to court). Then when the case ends, the court returns (“exonerates”) the bail money.

Hiring a Bondsman

However, you may not have enough cash to afford the bail amount. Therefore, you can turn to a bail bondsman for help. Bondsmen put up the entire bail amount in exchange for a premium – usually 15% of the total surety bond.

The person or people who pay the bondsman are called “indemnitors.” As an indemnitor, you have to give the bondsman collateral such as deeds to real property, car title, or jewelry.

After the Case Ends

When the case ends, the court returns the entire bail amount to the bondsman. You as an indemnitor do not get your 15% back from the bondsman.

The bondsman has 14 calendar days after the bail is exonerated to return your collateral. Otherwise, they risk losing their license and face class 2 misdemeanor charges carrying up to 120 days in jail and/or a fine of up to $750.¹

When do courts revoke bond?

The main reason courts revoke bond is that you violate your bail conditions. One condition that all defendants out on bail are required to follow is showing up to future court appearances. Other common bail conditions in Colorado include:

• Abstaining from drugs;
• Staying out of trouble (no more arrests);
• Avoiding contact with the victim (if any); and
• Staying in the country

If you violate any of these terms, the judge may revoke bond and issue a bench warrant for your arrest. You can then be remanded to jail, and the bail amount may be forfeited to the court. You may also be prosecuted for an additional charge of violating bail under CRS 18-8-212.

Second Chances

In some cases following a bail violation, judges decide not to revoke bond and instead give you a second chance by:

• Giving you a warning;
• Raising the bail amount;
• Keeping you on house arrest;
• Keeping you on electronic monitoring;
• Ordering periodic drug testing; and/or
• Imposing other bail conditions

Then if you commit no more violations, the bond money should be returned at the end of the case.²

What happens to the money if a court revokes bond?

If a court revokes your bond, the court may keep your bail money.

If a bondsman put up the money, they can send a bounty hunter after you to apprehend you and bring you to court. Once you are back in custody, the court can exonerate the bond back to the bondsman.

Otherwise, the bondsman may keep the collateral that you and any co-signers put up to hire the bondsman.³

Therefore, anyone who hires a bondsman for someone else should be certain that they will not “jump bail” and will follow all the court’s conditions.

See our related article, Fugitive Recovery Agent Colorado – How Bounty Hunters Work.

Can I be released without paying bail?

In some Colorado cases, judges can release you on your own personal recognizance (sometimes called O.R. release or P.R. bond). This typically happens in minor misdemeanor and petty offense cases if the court’s eligibility investigator determines you have sufficient stability and ties to the community.

As long as you show up to future court appearances and follow any other court conditions, you can remain out of custody while the criminal case is pending.⁴

When do judges deny bail?

Colorado judges will likely deny you the option to bail out and require you remain in custody during your case’s pendency if:

• You are facing charges for first-degree murder or other class 1 felonies, and/or
• You are a flight risk, and/or
• You are likely to re-offend.⁵

It may be possible to get a bail forfeiture “set aside” through a remission motion.

Can I remain out on bond if I am found guilty?

If you are found guilty in Colorado, the court may agree to let you stay out of custody until sentencing as long as your bondsman consents. Bail bondsmen usually agree as long as you are not a flight risk.⁶

What is bail remission?

If a Colorado court revokes and forfeits your bond, it may be possible to get the forfeiture “set aside” by submitting a bail remission motion. You typically have only one year from forfeiture to ask for remission, and the court considers such factors as whether:

• your bail violation was willful,
• your bail violation prejudiced the government, and
• the government incurred expenses to locate you.

The court has discretion to give back all, some, or none of the forfeited bail money.

Can bondsmen withdraw bonds?

It is rare, but bail bondsmen are allowed to withdraw your bond for no reason while your case is still pending. If they do, the court can incarcerate you unless you can post bail yourself or through another bondsman.

Additional Resources

If you cannot afford bail or a bondsman, you may be able to secure bail money through these organizations:

• Colorado Freedom Fund – A nonprofit that pays bail for low-income people in Colorado.
• The Bail Project – A national organization providing free bail assistance and pretrial support.
• Immigrant Freedom Fund – A group that posts bond for immigrants detained by ICE.
• Community Justice Exchange – A network supporting community-based alternatives to incarceration.

Legal References