When a person is arrested and charged with a crime in the state of Colorado, it is common for a judge to set bail—a specific amount of money that the defendant must pay in order to be released from custody until the resolution of their case.
Bail amounts can vary greatly depending on the severity of the crime, but when a defendant isn’t able to post bail on their own, they have the option to take out a bail bond, a loan from a third party.
So, how do bail bonds work in Colorado, and what should defendants (and their families) know about the process? Let’s explore.
What is the Purpose of Bail?
First, it’s important to understand the underlying purpose for a judge setting bail in Colorado. Specifically, judges set bail for two main reasons:
- To give defendants the ability to remain out of jail until their respective court date. This allows them to continue working or fulfilling other life obligations in the meantime.
- To gain monetary collateral that encourages defendants to show up at their future court proceedings.
When a defendant pays bail and shows up to all court proceedings until the case is resolved, the judge will typically order the court to pay the bail amount back to the defendant. If they fail to show up to court, on the other hand, bail money may be forfeited altogether.
How Do Judges Set Bail in Colorado?
In the state of Colorado, judges have the unilateral power to decide whether a defendant will be permitted to post bail and, if so, the specific bail amount. Typically, individual municipalities within each Colorado county have their own bail schedule that judges will follow as a general guideline for setting bail in misdemeanor and felony cases.
The amount of bail set by a judge can vary greatly depending on the severity of the crime, the defendant’s criminal history, and other factors. Some courts or judges will use the Colorado Pretrial Assessment Tool (CPAT) to determine a defendant’s likelihood of committing another criminal offense or failing to show up to court while on bail—so the results of this may also impact a defendant’s bail amount.
In some cases, judges may allow defendants to be released without posting bail; this is most common for minor offenses (such as traffic violations) and defendants without a criminal history.
Types of Bail in Colorado
There are two main types of bail bonds in Colorado: secured and unsecured.
An unsecured bond allows a defendant to be released from jail on their own recognizance, usually without monetary payment. In some cases, however, non-monetary conditions (such as wearing a GPS ankle monitor) may be required as a stipulation of unsecured bail.
A secured bond, on the other hand, is one that requires monetary payment. A defendant can pay this money out of their own pocket, have a friend or loved one post bail, or secure a bail bond from a third-party bail bondsman.
Getting a Bail Bond in Colorado
For those who don’t have the money to pay their bail out-of-pocket, working with a bail bondsman is often the quickest and easiest way to borrow money and post bail as soon as possible. Before taking out a bail bond, however, there are some things defendants (and their families) need to know.
First, understand that bail bond companies are in the business to make a profit at the end of the day. In other words, they will lend defendants or their family members money to post bail, but they will typically charge a fee on top of it. This fee usually ranges from 10% to 15% in Colorado and is not refundable, even after the defendant’s criminal case is completely resolved.
This means that if a person’s bail is set at $1,000 and they need a bail bond to cover the amount, they will most likely be required to pay the bondsman a premium between $100 and $150. In some cases, bail bond companies may also require a security interest in a vehicle, real estate, or another asset; this is most likely when the bail amount being posted is particularly high or the defendant has a known risk of failing to appear in court.
Regardless, working with a bail bondsman can be a viable way to borrow money to make bail. These companies have the experience, funds, and connections to make payments directly to the jails and arrange to have defendants released as promptly as possible.
Understanding Bail Conditions
If you or a loved one needs to take out a bail bond in Colorado, it’s important to understand the specific conditions of the loan and of the bail itself.
The biggest thing to remember is that when a person is released on bail, they are required to attend all future court dates related to their case in order to get their bail money back. Missing even one court date could result in the forfeiture of bail money.
Depending on the case, there’s also a chance that a judge releasing a defendant on bail will put specific conditions in place that the defendant needs to follow to avoid being taken back into custody. For example, a judge may require periodic home visits by pretrial supervision officers while the defendant is out on bail, mental health counseling, or even occasional drug/alcohol testing. Defendants need to follow the terms of their bail in order to avoid further legal trouble.
Finally, defendants should read the conditions of their bail closely to determine whether they are able to leave the state while out on bail—or whether they are required to stay in Colorado until after their court date.
What Else You Need to Know
When a defendant is released on bail, leaving an updated address and contact information with the court is imperative—especially when it comes to receiving correspondence regarding scheduled court hearings related to the criminal case.
If a defendant fails to attend any required court hearings, not only will they forfeit any bail money that has already been posted—but they may also end up being charged with a separate crime and have a warrant posted for their arrest. In fact, in the state of Colorado, failing to appear can be charged as a class 6 felony. With this in mind, it’s important to attend all court dates and to reach out to the courts directly if there are any scheduling conflicts.
Looking for Help With a Criminal Case in Colorado?
As you can see, there’s a lot to keep in mind when it comes to posting bail in the state of Colorado. For many who are unable to post their own bail, working with an experienced bail bondsman can be the best option for getting out of jail as soon as possible. Of course, there are some important terms and conditions to keep in mind.
If you or your loved one is facing criminal charges in the state of Colorado, having the right criminal defense lawyer can make all the difference in the outcome of the case. Get in touch with Sheehan Law today to schedule your consultation and case evaluation. We’d be happy to discuss the details of your case, provide you with legal guidance, and tell you more about what we can do to help you.