What happens if I violate my bail conditions in Colorado?

Colorado law makes it a crime to violate the conditions of one’s bail. This becomes a new charge separate from (and in addition to) the underlying charge for which the person has been released on bail.

Violations can occur by failing to appear for court proceedings or violating other terms of bail, such as

• traveling outside the jurisdiction,
• consuming narcotics, or
• contacting victims or witnesses in the case.

Violation of bail conditions in Colorado can be classified as a misdemeanor or felony, depending on the severity of the original charges.

In this article, our defense attorneys will answer these key questions:

• 1. What does it mean to violate bail conditions?
• 2. What are the consequences?
• 3. How can a defense attorney help?

CRS 18-8-212 makes it a crime for a person to knowingly fail to “appear for trial or other proceedings” in his or her case.

1. What does it mean to violate bail conditions?

Colorado law defines violation of bail conditions as when a person knowingly fails to “appear for trial or other proceedings” in his or her case, or if there are certain other conditions for the bail that are violated in any way.

These conditions can include things such as remaining within the bounds of the state or city, or other restrictions on what the person may or may not do while awaiting trial.

The law is stated in CRS 18-8-212, which reads as follows:

(1) A person who is charged with any felony and is released on bond commits a class 6 felony if the person knowingly fails to appear in the felony case for which the person is on bond with the intent to avoid prosecution.

(2) A person who is released on bond and is charged with any felony or misdemeanor arising from the conduct for which the person was arrested commits a class 2 misdemeanor if the person intentionally fails to appear in the case for any proceedings for which victims or witnesses have appeared in court.

(3) The court shall sentence any person who is convicted of a misdemeanor offense in violation of section 18-6-803.5, or a felony offense in violation of section 18-8-704, 18-8-705, 18-8-706, or 18-8-707, involving a victim or witness in the underlying offense while on bond in the underlying case to imprisonment of not less than one year for violation of subsection (1) of this section and not less than six months for violation of subsection (2) of this section. The court shall order the sentence to be served consecutively with any sentence for the offense on which the person is on bail if the underlying sentence is a sentence to incarceration.

(3.5) A person who is on bond for a sex offense as defined in section 18-1.3-1003 who is convicted under this section for a bond violation shall not be eligible for probation or a suspended sentence and shall be sentenced to imprisonment of not less than one year. Any such sentence shall be served consecutively with any sentence for the offense on which the person is on bail.

(4) A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the bond is located, if such court is within this state.

(5) A violation of bond appearance conditions shall not be brought against any person subject to the provisions of section 16-4-113 (2).

2. What are the consequences?

A person who is charged with any felony and is released on bond commits a class 6 felony if the person knowingly fails to appear in the felony case for which the person is on bond with the intent to avoid prosecution. A class 6 felony is punishable by 1 year to 18 months of jail time, and fines between $1,000 and $100,000.

A person who is released on bond and is charged with any felony or misdemeanor arising from the conduct for which the person was arrested commits a class 2 misdemeanor if the person intentionally fails to appear in the case for any proceedings for which victims or witnesses have appeared in court. Class 2 misdemeanors carry up to 120 days in jail and/or up to $750 in fines.

The penalties for violating bail conditions will be in addition to any penalties which accompany the original Colorado criminal charges.

3. How can a defense attorney help?

Your criminal defense attorney may assert several defenses to this charge, some of which include:

• The exact terms of bail were not properly explained or were ambiguous
• Your behavior did not actually violate the terms of bail
• The terms of bail are being misinterpreted by law enforcement

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