December 9, 2023
In Colorado, one of the first things you’ll need to know is how the bail process works. Bail is a payment made to the court in exchange for release from jail before trial. In this blog post, we’ll discuss the Colorado bail process and what you need to know if you’ve been arrested.
Types of Bail in Colorado
Colorado has three types of bail: personal recognizance, cash bail, and surety bond.
Personal recognizance (PR) bail is a promise to appear in court. If granted PR bail, you won’t have to pay any money to be released. However, if you fail to appear in court, you may be required to pay a cash bond or have an arrest warrant issued for you.
Cash bail is a payment made to the court in the full amount of the bail. You’ll be released from jail if you pay the full bail amount. However, if you fail to appear in court, you’ll forfeit the bail amount.
A surety bond is a payment made to a bail bondsman, who will post the full amount of the bail with the court in exchange for a fee. The fee is typically 10% of the bail amount. If you fail to appear in court, the bail bondsman will be responsible for paying the full bail amount.
Determining Bail in Colorado
The amount of bail is determined by a judge. The judge will consider several factors when setting bail, including:
- The severity of the crime
- The defendant’s criminal history
- The defendant’s ties to the community
- The defendant’s likelihood of appearing in court
- The defendant’s financial resources
If you’re unable to pay the full amount of the bail, you may be able to have the bail amount reduced or request a PR bond.
Posting Bail in Colorado
If you can post bail, you’ll need to go to the court or jail where you’re being held to complete the process. If you’re posting cash bail, you’ll need to bring the full amount of the bail in cash or a cashier’s check. If you’re using a bail bondsman, you’ll need to provide the bondsman with the fee and collateral, which may include property or other assets.
Once bail has been posted, you’ll be released from jail. However, you’ll still need to attend all court appearances as required by the court.
If you can’t post bail, you’ll remain in jail until your case is resolved. This can take several months or longer, depending on the complexity of the case and the court’s schedule.
Working with a Colorado Criminal Defense Attorney
Working with an experienced criminal defense attorney is important if you’ve been arrested in Colorado. A criminal defense attorney can help you understand your legal rights, the charges against you, and the potential penalties you may face.
Additionally, a criminal defense attorney can help you navigate the bail process and work to reduce the bail amount or request a PR bond. If you cannot post bail, a criminal defense attorney can also work to get you released on your recognizance or request a bond reduction hearing.
The Colorado bail process can be complex and overwhelming if you’ve been arrested. However, you can confidently navigate the process by understanding the available bail types, how bail is determined, and what to expect when posting bail. If you’re facing criminal charges in Colorado, it’s important to work with an experienced criminal defense
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been recognized by countless legal organizations for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys for 2020, and is Lead Counsel rated.