Bail Bond Types in Colorado

In Colorado, bail is a fundamental part of the criminal justice system, ensuring that defendants are able to secure temporary release while awaiting trial. Bail is essentially a financial arrangement that allows an individual accused of a crime to remain free while ensuring they will appear in court. The types of bail available in Colorado reflect a balance between public safety and the constitutional right to reasonable bail. This article outlines the types of bail offered in Colorado, the factors that affect bail, and answers frequently asked questions (FAQs) on the subject.

Cash Bail

Cash bail is the most straightforward type of bail. The defendant (or their family and friends) pays the full bail amount set by the judge in cash. Once the defendant fulfills all court appearances, the bail money is refunded, regardless of whether the defendant is found guilty or not guilty. However, if the defendant fails to appear in court, the money is forfeited to the court.

EXAMPLE: If the bail amount is set at $5,000, the defendant must pay the full $5,000 to be released from jail. The cash is held by the court until the case is resolved.

Surety Bond (Bail Bond)

A surety bond, commonly referred to as a bail bond, is provided by a bail bondsman (or surety agent) who agrees to post bail on behalf of the defendant. In exchange, the defendant typically pays the bail bondsman a non-refundable fee, which is usually 10-15% of the total bail amount. The bail bondsman then assumes responsibility for ensuring the defendant appears in court. If the defendant fails to appear, the bail bondsman is liable to pay the full bail amount to the court and may seek compensation by using collateral provided by the defendant (e.g., property, vehicles).

EXAMPLE: If the bail is set at $10,000, the defendant might pay a bail bondsman $1,000 to $1,500 to secure their release.

Personal Recognizance (PR) Bond

A Personal Recognizance (PR) Bond allows the defendant to be released without posting any bail money, based on their promise to appear in court. This type of bond is usually granted to individuals who are considered low-risk, such as those charged with minor offenses, first-time offenders, or individuals with strong community ties.

The judge considers factors like the defendant's criminal record, ties to the community, and the severity of the offense before granting a PR bond. While no money is exchanged upfront, failure to appear in court can result in additional charges and a higher bail being imposed.

Property Bond

A property bond allows the defendant to use real estate as collateral to secure their release. The court will place a lien on the property for the full amount of the bail, and if the defendant fails to appear in court, the court can foreclose on the property to cover the bail amount.

In Colorado, the legal system allows the following property types to be used as collateral for property bail bonds.

• Real Estate (e.g., house, land)
• Vehicles (e.g., cars, trucks, motorcycles)
• Personal Property of Value (e.g., jewelry, antiques)
• Bank Accounts
• Stocks and Bonds
• Business Assets (e.g., commercial property, equipment)
• Other Tangible Assets (e.g., boats, RVs)

The value of the property must generally be twice the bail amount to be used as collateral. This option is usually only available when the bail amount is very high, and the defendant or their family owns substantial property.

Citation Release (Cite Out)

A citation release is issued by the arresting officer at the scene of a crime and is usually reserved for minor offenses. Instead of being taken into custody, the defendant is given a citation or written notice to appear in court at a later date. This type of release requires no bail to be posted.

Factors Affecting the Type of Bail Offered

Several factors influence the type and amount of bail set in Colorado. These include:

• Nature and Severity of the Crime — The severity of the alleged offense plays a significant role in determining the type of bail. Serious or violent crimes, such as murder or armed robbery, generally result in higher bail amounts or denial of bail, whereas minor offenses, like traffic violations, may result in a citation release or a PR bond.
• Criminal History — Defendants with an extensive criminal history, particularly those with past convictions or a history of skipping court appearances, are more likely to face higher bail amounts or have more stringent bail conditions imposed. Conversely, first-time offenders may receive more lenient bail terms.
• Flight Risk — A key factor considered in bail decisions is whether the defendant is a flight risk. Factors such as the defendant’s ties to the community, employment status, and family connections are considered. Individuals with strong ties are more likely to receive a PR bond, whereas those perceived as likely to flee may face higher bail amounts or be denied bail.
• Risk to Public Safety — If the defendant poses a significant risk to public safety, especially in cases involving domestic violence, sexual assault, or other violent crimes, bail may be set at a high amount or denied altogether.
• Ability to Pay — Judges may also consider the defendant’s financial resources when setting bail. For indigent defendants, the court may set a lower bail amount or offer alternatives like PR bonds to avoid keeping them in jail solely because they cannot afford bail.
• Mental and Physical Health — In some cases, a defendant’s mental or physical health may influence the type of bail granted. For example, defendants suffering from serious illnesses or mental health issues may be considered for release under supervision rather than a financial bond.

Understanding the types of bail offered in Colorado and the factors that affect them can help defendants navigate the legal system more effectively. By being aware of the different bail options and conditions, individuals and their families can make informed decisions about securing release and ensuring compliance with court proceedings.