Bond revocation in Colorado – When does this happen?

Posted on November 19, 2020

Colorado judges revoke bond when a defendant violates bail conditions (CRS 18-8-212), such as failing to appear (FTA) in court. Once bond is revoked, the defendant may be remanded to jail pending the outcome of the criminal case. And the bail money may 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 they put up a certain amount of money (“bail”) to the court, the judge will release the defendant pending the resolution of the case. The defendant can remain out of custody as long as he/she follows all the bail conditions (such as showing up to court). Then when the case ends, the court returns (“exonerates”) the bail money.

In many cases, defendants and their families cannot afford the bail amount. So they turn to a bail bondsman for help. Bondsmen put up the entire bail amount in exchange for a premium – usually 15% of the total bail. The person or people who pay the bondsman are called indemnitors.

Then when the case ends, the court returns the entire bail amount to the bondsman. The indemnitors do not get their 15% back from the bondsman.

When do courts revoke bond?

The main reason courts revoke bond is that the defendant violates his/her 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 include:

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

If the defendant violates any of these terms, the judge may revoke bond. This means a bench warrant will issue for the defendant’s arrest, the defendant can be remanded to jail, and the bail amount may be forfeited to the court. The defendant may also be charged with an additional charge for violating bail under CRS 18-8-212.

In some cases, judges decide not to revoke bond and instead give defendants a second chance by:

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

Then if the defendant commits no more violations, the bond money should be returned at the end of the case.

What happens to the money if a court revokes bond?

If a court revokes a defendant’s bond, the court may keep any bail money. If a bondsman put up the money, then the bondsman may go after the collateral that the indemnitors put up to hire the bondsman. Therefore, anyone who hires a bondsman should be certain that the defendant will not “jump bail” and will follow all the court’s conditions.

Can defendants be released without paying bail?

In some cases, judges can release defendants on their own recognizance (O.R. release a.k.a. PR bond). This typically happens for minor misdemeanors and petty offenses. And as long as the defendant shows up to future court appearances and follows any other court conditions, the defendant can remain out of custody while the criminal case is pending.

Which defendants are never released on bail?

Judges require defendants facing the most serious charges to remain in custody during their case. Examples include first-degree murder and other class 1 felonies. Judges may also deny bail to defendants who are likely to reoffend or who are flight-risks.