Question 1

What is the process of hiring a bail bondsman in Colorado?

Accepted Answer

If your loved one is arrested in Colorado and you cannot afford bail on your own, you can easily find local bail bondsmen through a simple internet search. You can then call them or go to their office in person to discuss how to proceed. 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.

Question 2

How do judges set bail?

Accepted Answer

Each Colorado county and municipality has its own bail schedule that matches each misdemeanor and felony with a standard bail amount. 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.

Question 3

What kinds of bail bonds are there?

Accepted Answer

There are a number of types of bonds available to release your loved one from a Colorado jail. However, the court may only allow a certain type of bond, depending on their offense, risk assessment factor, and statutory conditions of release. For example, 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.

Question 4

What are bond conditions?

Accepted Answer

Every defendant who gets arrested and released on bond in Colorado has to promise to appear at future court dates. Defendants out on bond also have to acknowledge and comply with the mandatory restraining order that remains in place from their arraignment all the way to the final disposition. This means they cannot: contact, intimidate, retaliate against, or tamper with any victims or witnesses in the case.

Question 5

Can people on bond in Colorado leave the state?

Accepted Answer

It depends on the case. 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.

Question 6

How long can people be held in jail without a bond in Colorado?

Accepted Answer

Colorado law requires arrestees to be brought before a judge within 48 hours for the initial bond setting. Though if the arrest occurred before a weekend or holiday, it is not unusual for more than 48 hours to pass before this first court appearance.

Question 7

Can bail conditions be appealed?

Accepted Answer

Yes, but it is an uphill battle. 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.

Question 8

Is failing to appear a separate crime?

Accepted Answer

It can be. For instance if your loved one is out on bail for a felony charge - and then they knowingly fail to appear in court with the intent 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 $1,000.00 to $100,000.00. 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.

Question 9

Can I ever get my premium back?

Accepted Answer

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.

Question 10

My loved one missed court by mistake. What do I do?

Accepted Answer

It is usually recommended that you contact the bail bondsman immediately and help them find your loved one. Ideally your loved one can surrender to the court before the court enters judgment on the bond. A consent of surety by the bail bondsman is typically required for the court to reinstate their bond. The bondsman should not charge you an extra fee for this.

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