Bail/Bond Procedures In Denver, Colorado, Criminal Cases
Bail and bonds in Denver, Colorado, through either cash, property or surety (when posted by a bail bondsman) are required when the court wants some security that a person will reappear following an arrest by police. If the case is more serious, if the defendant has prior arrests or if the defendant does not have close ties to Colorado, a bail bond will usually be required. Violation of bail bond conditions is a separate crime that is charged if the terms of a bail bond are violated.
Bail Bond Amounts In Jefferson County
The purpose of a bail bond in the Jefferson County Jail in Lakewood and Golden is supposed to be to ensure the defendant’s appearance in court. Too often, however, it is used by the police to hold a defendant in custody or to punish a defendant for not speaking with the police (and confessing to a crime). Colorado bail/bond amounts vary from the low thousands for class 5 and class 6 felonies to $1 million or more for capital offenses. In Colorado criminal cases in the Denver metro area, we typically see sexual assault on a child bond amounts ranging from $20,000 to $100,000. A Jefferson County and Boulder County bail/bond, for class 4 felonies are generally in the $5,000 to $10,000 range. For misdemeanor Colorado bail/bonds in Arapahoe County and Douglas County range from $500 to $5,000. Factors influencing Colorado bail/bond amounts include the defendant’s prior criminal history, prior failures to appear, the severity of the offense, the strength of evidence and whether sex or firearms are involved.
Four Types Of Bail/Bonds In Adams County, Colorado
Because most people do not have thousands of dollars of liquid cash in Brighton and Thornton, Colorado courts permit a variety of bonds: 1) Colorado cash bail/bonds, 2) Colorado property bail/bonds, 3) Colorado surety bail/bonds and 4) Colorado personal recognizance bail/bonds.
Cash Bail Bonds In Colorado Courts
Colorado cash bail/bonds involve actual cash being posted. The entire cash posted in a Colorado bail/bond is refundable to the person posting the money following sentencing. Be sure and note on the bond when posting that you want the money returned to you, not to the defendant and not to be used for court costs and fines at the end of the case.
Colorado Property Bail Bonds – What Are They?
Colorado property bail/bonds involve the filing of a lien by the government against real property. Typically, the property owner posting the bail/bond must have 1.5 to two times the amount of the bail/bond, in his or her property’s equity.
What Is A Surety Or Bail Bondsman Bond?
Colorado surety bonds are the most prevalent with large Colorado bail/bond amounts. With these, the defendant will contract to rent the bail/bond money from a bondsman, who bears the risk of a failure to appear. Typically in Colorado, the bondsman will require a rental premium fee of 10% for bonds larger than $10,000 and 15% for bonds less than $10,000. The bondsman keeps the premium for incurring the risk of loss of the bond. If the defendant were to fail to appear, the entire amount of the bond may be lost by the bondsman or his underlying insurance carrier.
When Can You Get A PR/Personal Recognizance Bond?
Colorado personal recognizance bonds involve a promise to pay by the person signing with or for the defendant. No money is posted, but the bail/bond converts into a civil judgment for the court should a defendant fail to appear. Colorado cash and Colorado surety bail/bonds are typically posted at the Colorado jail where a person is held.
What Is A Summons From The Denver Police?
People charged with crimes are sometimes given a summons instead of being arrested and required to post a bail/bond. A Colorado summons is similar to a traffic ticket and simply lists the charges and a date to appear in the Colorado court (the return date). A summons is often given instead of a bond in misdemeanor matters. Lately, it has become rarer for the issuance of a summons in a Colorado felony criminal case. A Colorado law enforcement officer has much discretion in deciding whether to issue a summons or make an arrest.
If you are bonding someone out with a Denver, Colorado, bail/bond, you need to have a qualified Colorado criminal lawyer on your side to promptly set a bail/bond hearing to address the court regarding statutory factors to having the bail/bond amount reduced. You can save thousands of dollars with your attorney’s early intervention. At O’Malley and Sawyer, LLC, our lawyers regularly persuade courts to reduce bail/bonds by 50% or more. Contact a Colorado criminal attorney today at 303-731-0719 to learn more about the Colorado bail/bonding process.