When you are arrested in Colorado, it may be possible to secure your release by posting a bail bond with the court. A bail bond serves as a monetary promise that you will show up to all future court proceedings in return for getting to remain out of custody during the case.
Here are five key things to know:
- Once your criminal case ends, the judge will order that the bail money be returned (“exonerated”).
- Bail money is exonerated regardless of whether your criminal charge results in dismissal, acquittal, or conviction.
- However, if you skip court, the judge can forfeit the bond, meaning that the bail money is never returned.
- If you cannot afford bail in cash or credit card, you can hire a bail bondsman at only 15% of the amount of the bond.
- For petty offenses and minor misdemeanors, it is often possible to get O.R. release without paying bail.
In this article, our Denver criminal defense lawyers and DUI lawyers will address the following key issues regarding Colorado bail bond laws.
- 1. Bailing Out
- 2. Bail Amounts
- 3. Bail Bonds
- 4. Bond Conditions
- 5. Leaving the State
- 6. 48-Hour Rule
- 7. Appealing Bail
- 8. Failure to Appear
- 9. Bond Premium Returns
- 10. Missing Court
- 11. Colorado Bail Statutes At-A-Glance
- Frequently Asked Questions
- Additional Reading
1. Bailing Out
If your loved one is arrested in Colorado and you cannot afford bail on your own, you can find local bail bondsmen through an internet search. You can call them or visit their office to discuss the next steps.
When you hire a bail bondsman to get your loved one released, you are considered an indemnitor or co-signer. You must be at least 18 years old since a written contract is required.
For a bondsman to post a surety bond with the court, they will:
- charge you a non-refundable premium – usually 15% of the total bail amount, and
- secure collateral for the remaining 85% in the event your loved one misses court and the judge forfeits the bond.
Bail bondsmen typically accept credit card payments, and some also allow you to pay in installments. You may also need to pay extra if the bondsman has to store your collateral in a public storage facility.
Once the bondsman posts bail with the court, your loved one should be released within a few hours. As long as they obey all court orders and appear at future court hearings, you should not have to deal with the bail bondsman again.
However, if your loved one skips court, the court will issue a bench warrant for their arrest and may forfeit the bail amount. This means the bail bondsman will:
- send out a bounty hunter to find your loved one and bring them to court, and
- use your collateral to reimburse themselves for the forfeited bond and any bounty-hunting expenses.1
The possibility of forfeiture is why it is essential not to take on the responsibility of hiring a bail bondsman unless you are sure your loved one will comply with court orders. Also, be sure to keep a copy of your contract and get a receipt for your premium and collateral.2
Note that bail bondsmen are not allowed to solicit you – you must contact them. If your loved one contacts a bail agent while in custody and names you as a co-signer, it is okay for the agent to call you.
See our related article, Fugitive Recovery Agent Colorado – How Bounty Hunters Work.
2. Bail Amounts
Each Colorado county and municipality has its own bail schedule that matches each misdemeanor and felony with a standard amount of bail.
Some violations, such as minor traffic infractions, require no bond. More serious violations, such as a class 1 felony for first-degree murder, have no bond amounts under the guidelines; therefore, the defendant would need to remain in custody pending the outcome of the case.
Judges have the discretion to veer from the bail schedule based on the defendant’s unique circumstances, such as whether they:
- have a history of missing court,
- pose a danger to the community, and
- have the financial ability to pay bail.
Courts may use the Colorado Pretrial Assessment Tool (CPAT) to determine whether an individual is likely to return to court and/or re-offend while on release. This involves assigning a score based on the following factors:
- Having a home or mobile phone
- Owning or renting a residence
- Contributing to residential payments
- Past or current problems with alcohol
- Past or current mental health treatment
- Age when first arrested
- Past jail sentence
- Past prison sentence
- Having active arrest warrants
- Having other pending cases
- Currently on supervision
- History of revoked bond or supervision
Based on the defendant’s score, they are assigned to a risk category that relates to their likelihood of
- making a court appearance or
- re-offending while on release.
Under state criminal law, level 1 is the lowest pretrial risk category, with level 4 being the highest risk category.
If you cannot afford your loved one’s bail, the criminal defense attorney can always ask for a bail hearing to argue for a lower bail or even no bail. Though prosecutors will likely contest this and may ask for a higher bail.
Note that if you pay bond online by credit card, the processing fee is capped at $10.3
Right to a Seven-Day Bond Review
Under C.R.S. 16-4-107, if you have not been released within seven days of the bond setting, you are entitled to a formal review of those conditions.
During this hearing, the court must re-evaluate the bond to determine if there are less restrictive ways to ensure public safety and your appearance. This “Seven-Day Rule” serves as a crucial check against “de facto” detention, where you are held simply because you lack the financial means to pay a high bond.
Using ABA Standards to Lower Bail
While Colorado judges are bound by state law, a defense lawyer’s strategies for lower bail often lean on the American Bar Association (ABA) Standards for Criminal Justice Pretrial Release (specifically Standard 10-1.4) to argue for fairness. These national guidelines promote a “risk-based” rather than “resource-based” system, asserting that your freedom should never depend solely on your bank account.
By citing these standards, your attorney can argue that financial conditions are legally appropriate only to ensure you return to court—not as a way to guarantee public safety. Using the ABA’s framework helps push the court to look past the standard “bail schedule” and instead focus on the “least restrictive conditions” necessary for release, which is a powerful tool when seeking a lower bond or a release on personal recognizance.
Note that bail bonds are also called “appearance bonds.”
3. Bail Bonds
There are several types of bonds available to release your loved one from a Colorado jail. However, the court may only allow a specific kind of bond, depending on its:
- offense,
- risk assessment factor, and
- statutory conditions of release.
Personal Recognizance Bonds
- An “unsecured personal recognizance bond” allows your loved one to be released on their personal recognizance (PR), also called “own recognizance” or OR release. No security interest needs to be posted if they promise to appear at all future required court dates.
- An “unsecured personal recognizance bond with additional nonmonetary conditions” is similar to PR release but with additional conditions. An example would be wearing a GPS location-tracking anklet during pretrial release.4
Note that the district attorney has to give their approval before your loved one can be released on a PR bond if either:
- they are facing felony charges or were convicted of one in the last five years;
- they are facing class 1 misdemeanor charges or were convicted of one in the last two years; or
- they previously failed to appear on a bail bond.5
Bonds with Secured Conditions
- A “bond with secured monetary condition” is where your loved one gets released in exchange for posting bail directly or through a bail bondsman.6
- In rare cases, some courts consent to a “bond with secured real estate conditions.” Also called a property bond, this is when the court places a lien on your property to ensure their appearance. The equity in the property must be no less than one-and-a-half times the bail amount. If the defendant does not appear, the court may foreclose on the property.7
4. Bond Conditions
Every defendant who gets arrested and released on bond in Colorado has to promise to appear at future court dates.
Defendants out on bond must also acknowledge and comply with the “mandatory restraining order” that remains in effect from their arraignment until the final disposition. This means they cannot:
- contact,
- intimidate,
- retaliate against, or
- tamper with
any victims or witnesses in the case.
In addition, the court has wide discretion to impose additional conditions such as:
- periodic telephone contact;
- periodic office visits;
- periodic visits to their home by police officers;
- periodic drug or alcohol testing;
- mental health or domestic violence counseling;
- substance abuse treatment;
- staying out of trouble (committing no new crimes);
- notifying the court of any change in residence/new address;
- pretrial work release; and
- electronic monitoring.
Judges can even order defendants to remain in Colorado if their home is out of state.8
The purpose of granting bail and conditions is to avoid pretrial detention for defendants who pose little safety risk and are likely to appear for their court hearings. When defendants fail to follow these conditions, the trial court judge may
- raise the bail amount and/or harshen the bail conditions, or
- cause the bail money to be forfeited and remand them to jail (“revocation of bail”).
Note that since the 2013 Colorado pretrial reforms (HB 13-1236), the meaning of “bail” has shifted from a focus on “an amount of money” to “a security.” This change emphasizes that financial conditions are just one tool among many to ensure you return to court.
A critical protection under this reform is the limit placed on district attorneys: While a prosecutor can withhold consent for a standard “Subsection (a)” PR bond, they cannot prevent a judge from granting a “Subsection (b)” PR bond, which includes non-monetary conditions like GPS monitoring or check-ins. This ensures that even if a prosecutor objects, the judge maintains the ultimate authority to release you without requiring cash.
When you post bail, there is a $10 bond processing fee. If you pay by credit card, there is a 3.5% credit card processing fee.
5. Leaving the State
Usually, the court’s permission, as well as a “consent of surety” from the bail bondsman, are required before defendants on bond can leave the state. Contact the court or bail bondsman if you are unsure.
6. 48-Hour Rule
Colorado law requires arrestees to be brought before a judge within 48 hours for the initial bond setting. If the arrest occurred before a weekend or holiday, it is not unusual for more than 48 hours to pass before the first court appearance.9
7. Appealing Bail
You can appeal bail conditions, but it is an uphill battle in Colorado.
When an appeals court reviews a trial court’s bail decisions, it uses an “abuse of discretion” standard. This means that the appeals court will uphold the trial court’s bail decisions if it is at all reasonable. Bail can only be overturned if it is
- manifestly unfair and/or
- illegal.10
When determining bail amounts and bond conditions, the judge is obligated to do the following four things:
- “consider all methods of bond and conditions of release to avoid unnecessary pretrial incarceration”;11
- determine that the bond condition is “reasonable and necessary to ensure the appearance of the person in court or the safety of any person or persons in the community”;12
- calculate what bail amount and conditions are necessary to protect public safety and maximize the odds of the defendant showing up to court “taking into consideration the individual characteristics of each person in custody, including the person’s financial condition”;13 and
- infer that the defendant is “eligible for release on bond with the appropriate and least restrictive conditions.”14
If the appeals court finds that the trial judge met these standards, it will likely uphold the bail conditions.
Electronic monitoring is a potential condition of bail. Violating this condition triggers issuance of a bench warrant.
8. Failing to Appear
Failing to appear in court can be a crime in Colorado. For instance, if your loved one is out on bail for a felony charge and knowingly misses court to avoid prosecution, the D.A. can charge them with a class 6 felony. The penalty is
- 1 year to 18 months in prison, and
- $1,000 to $100,000.
(Class 6 felony convictions must remain on your criminal record for three years before you can petition for a record seal.)
If your loved one is out on bond for a sex offense, failing to appear carries a minimum one-year prison sentence with no chance of:
- probation or
- a suspended sentence.15
9. Bond Premium Returns
Colorado courts can order your bail bondsman to return your premium, but it will usually do so only if:
- the criminal case gets dismissed shortly after you posted bond;
- the bail bondsman revokes the bond;
- you pay the bondsman, but they do not post bail in a timely manner; or
- another law enforcement agency has a hold on your loved one, so you posting bail through a bondsman did not result in them being released.
Suppose at the case’s conclusion the bondsman fails to return the remaining balance of your collateral or has damaged your collateral. In that case, you can contact their insurer or the Division of Insurance to try to remedy the situation.
Note that if the bondsman put a lien on your property, the court will need to give you a “bond release” or “certificate of discharge” for you to give to the bondsman so the lien can be lifted.16
Bail is a “security, which may include a bond, required by a court for the release of a person in custody set to provide reasonable assurance of public safety and court appearance.”
10. Missing Court
If your loved one missed court, contact the bail bondsman to help locate them. Ideally, your loved one can surrender to the court before the judge enters judgment on the bond.
A “consent of surety” by the bail bondsman is typically required for the court to reinstate the bond.16 The bondsman should not charge you an extra fee for this.
You will likely be responsible for the bondsman’s expenses if they have to search for and apprehend your loved one. If your loved one is never found or is found too late, you will be responsible for paying the bonding agent the entirety of the bail amount.
Although the bondsman may use physical force and threaten your loved one, they may never use physical force on you or threaten you. This is because you are the co-signer, not the defendant.
Colorado Bail Statutes At-A-Glance
| Statute Number | Description |
| C.R.S. 16-4-103 | Establishes the criteria judges must use when selecting a bond type, including the presumption of release under the least restrictive conditions possible. |
| C.R.S. 16-4-104 | Describes the four specific categories of bonds: PR bonds, PR bonds with non-monetary conditions, secured money bonds, and real estate bonds. |
| C.R.S. 16-4-105 | Outlines the mandatory and discretionary conditions of release, such as travel restrictions, protection orders, and sobriety monitoring. |
| C.R.S. 16-4-109 | Sets the judicial procedure for requesting a change in bond, including how the court may reduce, increase, or modify the type of security required. |
A defense attorney can argue for lower bail or O.R. release at a bail hearing.
Frequently Asked Questions
What happens if I can’t afford the bail amount set by the judge?
In Colorado, you have a constitutional right to a bail amount that is not “excessive.” Under C.R.S. 16-4-103, the court is required to consider your financial circumstances.
If the bond is out of reach, your attorney can file a motion for a bond reduction hearing. At this hearing, we can present evidence of your limited income, lack of assets, or strong community ties to argue that a lower bond—or even a Personal Recognizance (PR) bond—is sufficient to ensure you return to court.
Can I be held in jail for more than a week just because I am poor?
Generally, no. Colorado law includes a “safety valve” under C.R.S. 16-4-107. If you remain in custody for seven days solely because you cannot meet the financial conditions of your bond, you are entitled to a mandatory review of those conditions.
The court must then decide if there is a less restrictive way to ensure your appearance, such as GPS monitoring or increased check-ins, rather than keeping you jailed for a lack of funds.
Does the District Attorney have the power to block my PR bond?
The D.A. can object, but they do not have the final word. Following the 2013 reforms, a prosecutor can only withhold consent for a “standard” Subsection (a) PR bond. However, the judge still retains the absolute authority to grant you a Subsection (b) PR bond, which releases you on your own recognizance with added conditions (like sobriety monitoring or travel bans). The judge’s primary goal is to use the “least restrictive” method possible to secure your return.
Can a judge force me to stay in Colorado if I live in another state?
Yes. Under the standards established in cases like People v. Jones, judges have broad discretion to set conditions they believe will “reduce the risk of flight.” This can include a requirement that you remain within state lines until your case is resolved.
If you live or work out of state, your attorney must proactively request a “Travel Permit” or a specific bond modification early in the process to allow you to return home while the case is pending.
Additional Reading
For more in-depth information about the law regarding bail bonds, refer to the following scholarly articles:
- Bailing on the Bondsman: An Argument for Abolishing Monetary Bail – Lincoln Memorial University Law Review.
- Private Interest, Public Sphere: Eliminating the Use of Commercial Bail Bondsmen in the Criminal Justice System – Boston College Law Review.
- Who Skips? An Analysis of Bail Bond Failure to Appear – Journal of Applied Security Research.
- A Brief History of Bail – Judges Journal.
- Death of a Bail Bondsman: The Implementation and Successes of Nonmonetary, Risk-Based Bail Systems – Emory Law Journal.
Legal References
- Colorado Revised Statute 16-1-104. Note that bail bonding agents need a Colorado license and have an insurance company appointment or be a qualified cash bonding agent; the Division of Insurance handles enforcement and complaints.
- The premium receipt should say, “If a refund of premium is ordered by the Court after the bond is posted, premium will be returned in the amount and within the time specified by the court order. If the bail bond is not posted within twenty four hours, as required by law, all monies paid must be returned within seven days (7) after receipt of good funds. A separate Premium Receipt shall be prepared each time an insurance producer posts a Bail Bond with the court.” The collateral receipt should say, “Collateral will be returned after receipt of a copy of the Court Order that results in a release of the bond by the Court. Collateral will be returned within fourteen (14) calendar days. Pursuant to § 10-2-705(3.5)(d), C.R.S., applicable to the use of real property, your reconveyance of title, certificate of discharge, or a full release of any lien shall be provided within 35 days after receiving notice that the time for appealing an order that exonerated the bail bond has expired. Trust Deeds will be returned within thirty-five (35) calendar days. If the bail bond is not posted within twenty-four hours of receipt of full payment or a signed contract for payment, collateral must be returned and the lien released within seven days (7) after receipt of good funds.” 3 CCR 702-1.
- C.R.S. 16-4-103. HB25-1015.
- C.R.S. 16-4-104.
- C.R.S. 16-4-104.
- C.R.S. 16-4-104(1)(c).
- C.R.S. 16-4-104(1)(d); see also Fullerton v. County Court (Colo. App. 2005), 124 P.3d 866 (bail for defendants awaiting extradition before a governor’s warrant are governed by Colorado statute C.R.S. 16-19-117).
- C.R.S. 16-4-105 subsection (8). C.R.S. 18-1-1001. Note that tampering with, retaliating against, or contacting victims or witnesses in a case is a separate criminal offense. People v. Jones (Colo. 2015) 346 P.3d 44
- C.R.S. 16-4-102.
- See People v. Jones (Colo. 2015) 346 P.3d 44.
- C.R.S. 16-4-103(4)(c).
- C.R.S. 16-4-104(1)(c); C.R.S. 16-4-105(7).
- C.R.S. 16-4-103(3)(a).
- C.R.S. 16-4-103(4)(a). See also H.B. 13-1236 (Concerning Pre -Trial Release From Custody). See also American Bar Association Standards of Criminal Justice Standard 10-1.4. Conditions of release:
(a) Consistent with these Standards, each jurisdiction should adopt procedures designed to promote the release of defendants on their own recognizance or, when necessary, unsecured bond. Additional conditions should be imposed on release only when the need is demonstrated by the facts of the individual case reasonably to ensure appearance at court proceedings, to protect the community, victims, witnesses or any other person and to maintain the integrity of the judicial process. Whenever possible, methods for providing the appropriate judicial officer with reliable information relevant to the release decision should be developed, preferably through a pretrial services agency or function, as described in Standard 10-1.9.
(b) When release on personal recognizance is not appropriate reasonably to ensure the defendant’s appearance at court and to prevent the commission of criminal offenses that threaten the safety of the community or any person, constitutionally permissible non-financial conditions of release should be employed consistent with Standard 10-5.2.
(c) Release on financial conditions should be used only when no other conditions will ensure appearance. When financial conditions are imposed, the court should first consider releasing the defendant on an unsecured bond. If unsecured bond is not deemed a sufficient condition of release, and the court still seeks to impose monetary conditions, bail should be set at the lowest level necessary to ensure the defendant’s appearance and with regard to a defendant’s financial ability to post bond.
(d) Financial conditions should not be employed to respond to concerns for public safety.
(e) The judicial officer should not impose a financial condition of release that results in the pretrial detention of a defendant solely due to the defendant’s inability to pay.
(f) Consistent with the processes provided in these Standards, compensated sureties should be abolished. When financial bail is imposed, the defendant should be released on the deposit of cash or securities with the court of not more than ten percent of the amount of the bail, to be returned at the conclusion of the case.See also People v. Jenkins (Colo. App. 2025) N. 25CA0630 (petitions for review of bond orders under C.R.S. § 16-4-204 are subject to the 49-day filing deadline set forth in C.A.R. 4(b)). - C.R.S. 18-8-212.
- C.R.S. 10-23-108;
- Same.