Bail and Bond

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You have the right to bail, if the offense is bailable (most are), and the amount of bail must be reasonable and representative of the pending charges, any prior criminal history, local contacts, risk of flight, danger to the public, etc. The purpose of bail is not to punish or be oppressive, it is only to ensure your return to court.

At the first appearance of a person in custody before a judge of a court of record, the amount of bail and type of bond shall be fixed by the judge, unless the person is subject to the provisions of section C.R.S.16-4-101 (5), or an indictment, information, or complaint has theretofore been filed and the amount of bail and type of bond has been fixed upon the return of the indictment, or filing of the information or complaint, in which event the propriety of the bond shall be subject to reappraisal.

The amount of bail and type of bond shall be sufficient to assure compliance with the conditions set forth in the bail bond:

  • If a person is arrested under section 42-2-138 (1) (d) (I), C.R.S., for driving while such person's driver's license or privilege to drive, either as a resident or nonresident, is restrained solely or partially because of a conviction of a driving offense pursuant to section 42-4-1301 (1) or (2) (a), C.R.S., then the bail for such person shall be ten thousand dollars or such amount as is set at a bail hearing.
  • If a person is arrested for vehicular eluding under section 18-9-116.5, C.R.S., and driving under the influence under section 42-4-1301, C.R.S., arising out of the same incident, the bail for such person shall be fifty thousand dollars or such amount as is set by the court after consideration of all relevant factors.
  • Because of the danger posed to the person and to others, a person who is arrested for an offense under section 42-4-1301 (1) or (2) (a), C.R.S., may not attend a bail hearing until such person is no longer intoxicated or under the influence of drugs. Such person shall be held in custody until such person may safely attend such hearing.
  • If a person is arrested for distribution of a schedule I or schedule II controlled substance pursuant to section 18-18-405, C.R.S., then the court shall set bail for such person at fifty thousand dollars; except that, upon the motion of the district attorney or defendant and a showing of good cause, the court may set bail at an amount other than the specified amount.

For a defendant who has been arrested for a felony offense, a condition of bail bond shall be that the court shall require the defendant to execute or subscribe a written prior waiver of extradition stating that the defendant consents to extradition to this state and waives all formal procedures incidental to extradition proceedings in the event that he or she is arrested in another state while at liberty on such bail bond and acknowledging that he or she shall not be admitted to bail in any other state pending extradition to this state.

Further conditions of every bail bond shall be that the released person not commit any felony while at liberty on such bail bond and that the court in which the action is pending have the power to revoke the release of the defendant, to increase the bail bond, or to change any bail bond condition if it is shown that a competent court has found probable cause to believe that the defendant has committed a felony while released pending adjudication of a prior felony charge.

A further condition of every bail bond in cases of domestic violence as defined in section 18-6-800.3 (1), C.R.S., shall be that the released person acknowledge the protection order as provided in section 18-1-1001 (5), C.R.S.

A further condition of every bail bond in a case of an offense under section 42-2-138 (1) (d) (I), C.R.S., of driving while such person's driver's license or privilege to drive, either as a resident or nonresident, is restrained solely or partially because of a conviction of a driving offense pursuant to section 42-4-1301 (1) or (2) (a), C.R.S., shall be that such person not drive any motor vehicle during the period of such driving restraint.

In addition to the conditions specified in this subsection (2), the judge may impose such additional conditions upon the conduct of the defendant as will, in the judge's opinion, render it more likely that the defendant will fulfill the other bail bond conditions. These additional conditions may include submission of the defendant to the supervision of some qualified person or organization.

In any instance of bond forfeiture or judgment ordered by the court where bond is made by persons other than a compensated surety, as defined in section 16-4-112 (2) (c), or the defendant, the judge shall issue notice of declared forfeiture or judgment and afford an opportunity for hearing under section 16-4-110 to all persons pledging security for the defendant's appearance, to show cause, if any, why their security should not be declared forfeit and due the court. No judicial order or disposition of security pledged by third parties shall affect an order of forfeiture entered against a defendant except as may be expressly provided by the court.

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