If you are expecting to be taken into police custody or placed under arrest, or someone you love was recently arrested, you may be anxious to prearrange bail or secure your loved one’s release. Posting bail to get out of jail and home to your family sooner will be one of your top priorities if you hope to avoid remaining incarcerated until your next trial date.
As part of the criminal defense process, it is important to remain informed about how bail works and what is expected of you once you post bond. Here is more about the bail process, how the judge determines bail amounts, and what to expect before you get started on your criminal defense.
How Bail Works in Colorado
The judge will determine whether bail should be granted in your case based on the type of crime you are accused of. For instance, you may be more likely to be granted bail if you are charged with a drug crime as opposed to a violent crime like murder. Once you have been taken into police custody, it is up to the judge to say whether you should remain incarcerated until your next court date or be granted the opportunity to post bail so you can go home to your family until your next court appearance.
If you are granted bail and fail to show up at your next court date, the property or money posted for bail will default, and a bench warrant will likely be issued for your arrest as described by the Colorado General Assembly.
Bail is Different From Bond
Although the terms bond and bail are often assumed to mean the same thing, they are slightly different. Bond is when you use a bail bond company to guarantee your bail amount if you do not appear at your next court date. Bail is paid when you or your family covers the cost of your bail amount.
The Judge Determines Your Bail Amount
The amount you can expect to pay for bail depends on a variety of factors. The more serious the charges against you, the less likely the judge will be to grant bail. Many aggravating and mitigating factors will need to be taken into account, such as:
- The nature of the charges against you
- Whether you have ties to the community
- Your reputation and character
- If you have a criminal record
- Where you currently reside
- Your work history and current employment status
- Whether a dangerous instrument or deadly weapon was used
- The likelihood that you will flee the city or state
- Whether you are likely to threaten, harass, or intimidate the alleged victims or witnesses
Ultimately, it is up to the judge to take everything into consideration to determine whether the Colorado Bond Schedule should be used, or the bond should be increased or decreased based on the circumstances of your case.
What to Expect During Your Bail Hearing
The judge may set a bail hearing to determine whether you should be granted bail, and if so, how much. During your bail hearing, your criminal defender may be able to request that you be released on personal recognizance as described in the Colorado Bail Book. This means the judge will allow you to be released from police custody without having to post a bail bond.
If you cannot afford the bail set by the judge, requesting a bail reduction may be well advised. However, depending on the type of crime you are accused of committing, the judge may decide to set a default bail, which can be paid through a bail bond with help from your family or by putting up assets as collateral.