If you suddenly need to get yourself or a loved one out of jail on bail, it is important to understand Colorado’s bail bond system. It is also important to realize that the conditions for bond vary with type and the circumstances surrounding each person’s case. In addition, the ramifications for failing to meet these conditions are serious. As such, an experienced Boulder criminal defense attorney should be consulted for personalized information.
By order of the Constitutions of the United States and the state of Colorado, those individuals accused of crimes are entitled to bail. Bail is a sum of money, or property, deposited to a court by someone, referred to a defendant, who has been charged with a crime. The defendant will typically be held in custody until some form of bail is posted. The bail is a guarantee from the defendant to be in attendance at all court proceedings.
A defendant charged with most crimes has a right to release on bail. Exceptions to this include those charged with murder and other violent crimes.
At the defendant’s first appearance in front of the court, the judge will determine the amount and type of bail. The bail amount will be set high enough to ensure that the defendant will be present for all future court proceedings, while also taking into consideration the defendant’s individual situation, including their record and the gravity of the alleged crime. The well-being of the community will also be considered.
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All bail bonds are “appearance bonds,” and can be posted by a bail bonding agent. A bail bonding agent guarantees a defendant’s presence in court by posting his or her appearance bond. The defendant’s failure to appear in court may require the bonding agent to pay the bond amount in full. The bonding agent then has the right to arrest the defendant and return them to custody.
Other common types of bonds include, “personal recognizance bonds” and “property bonds.”
If the court authorizes a “personal recognizance bond,” you will be released with your promise to appear as mandated by the court. Your failure to do so will result in issuance of a warrant for your arrest. There is no need to deposit any funds with the court for a “personal recognizance bond,” however, the district attorney’s approval is sometimes required.
A “property bond,” too, must be approved by the court. In this case, the court clerk holds some of the defendant’s property as his or her promise to appear in court as scheduled. Failure to do so results in forfeiture of the property.
Regardless of the type of bond posted, they are all binding agreements that should be taken seriously. Make sure to read all agreements before signing, keep copies of important documents, and always get receipts.
Contact Our Boulder Criminal Defense Lawyers
If you or someone you love has been arrested and charged with a crime in Boulder, you need an experienced Boulder criminal defense lawyer on your side. Your lawyer will need to begin building your defense immediately. Contact the Boulder criminal defense lawyers at Steven Louth Law Offices today for a free consultation and review of your case. Call us at (303) 422-2297 to start building a solid defense against these serious criminal charges.