How Does a Bail Bond Work in a Colorado Criminal Case?
If you or someone you love has been arrested on criminal charges, you might be looking into your options for getting them out of jail.
You have probably heard about bail, bonds, and bail bonds, but you might have no idea how the process works, what to expect, and what you are signing up for. Criminal defense lawyer Mitch Geller can help you get the answers you’re looking for and assist you with your criminal defense strategy.
What Are Bail Bonds and How Do They Work in Colorado?
When a person has been charged with a crime, the Colorado criminal justice system will often order that bail be ordered for the defendant. Bail refers to the amount of money you will need to place with the court to guarantee that you will return to court for your future court proceedings.
But not every criminal case in Colorado requires that bail be ordered. If you are a low risk to the community for fleeing and failing to appear, you may be granted ROR (released on your recognizance). This means you will not be ordered to pay bail to be released.
If you have had bail ordered for your release, there are a couple of different ways you can pay it. First, you or your family may have the funds to pay your bail in full. But most people do not have access to that much cash. When this happens, you might find yourself in need of a bail bond. Your bail bond refers to the money or property put up to guarantee that you will reappear in court as ordered.
If you fail to appear after having been bonded out, your bond may be revoked, and any collateral put up by you, or your family will be forfeited to the court or the bail bonds company that helped you post bond.
How is Bail Set in Colorado Criminal Cases?
When someone has been charged with a crime in the state of Colorado, multiple factors can have an impact on how high bail is set. The idea behind bail is to assure the court that the defendant is not a risk to the public and reappear in court at their required dates to answer the criminal charges against them.
Colorado criminal courts have the authority to use the Colorado Pretrial Assessment Tool (CPAT) to figure out the defendant's risk category. This will aid in determining the amount of bail. Some of the factors taken into account when assessing bail include:
The type of crime the defendant has been accused of
Whether the defendant has alcohol or substance abuse issues
Whether the defendant has a mental health condition
Whether the defendant has a disabling medical condition
The defendant's ties to the community, if any
The defendant’s family ties in the area
The defendant’s criminal record
The CPAT score will rate you as a level one, two, three, or four risk category. Level four is the highest risk, and level one is the lowest. By showing the court that you are not a threat to the community and that you are sure to reappear in court, ROR or bail may be set. The state's prosecutor will likely argue for a high amount of bail. But with some negotiation, we may be able to get your bail reduced to a reasonable amount.
Options if You Can't Afford Bail
If you can't afford the amount of your bail, you are not alone. Most people are unable to afford exorbitant bail amounts set forth by the court. With an experienced criminal defense attorney by your side, you may be able to request having your bail reduced.
Another option is to work with a bail bond agent. Bail bonds companies help people who are unable to afford bail. They often require ten to fifteen percent of the bail amount up front. The bail bond company puts up the total amount of the bail on your behalf. If you fail to appear, the bail bonds company will lose that money and fight to make sure you repay every penny.
Get Help From a Colorado Criminal Defense Lawyer
If you need help arranging bail or need an experienced Colorado criminal defense attorney to represent you in court, contact attorney Mitch Geller as soon as possible after you are arrested. The sooner you get him involved in your case, the better your chances are of clearing your name.
Schedule your no-risk consultation when you call our office at 720-696-7897. Or complete our quick contact form, and we will reach out to you to learn more about the charges against you.