Disabled Persons and Bail Bonding

According to 2023 health data from the Center for Disease Control, up to 27% of Americans have some form of disability. More than 12% of the U.S. population have physical disabilities significantly impacting their mobility, requiring them to depend on a wheelchair or other assistive device to get around. Why bring this up? Because when we think of people getting arrested, jailed, and being released with the help of the bail bond agent we tend to think exclusively of people who are more or less physically able.

But disabled people get arrested too which raises some interesting questions: What happens when a disabled person is arrested? Are they treated the same as everyone else? Are they given preference when it comes to bail? In this post, we'll examine what happens when a disabled person is arrested in Golden, Lakewood, or elsewhere in Colorado.

What Happens When a Disabled Person Gets Arrested in Denver County?

When a person is arrested they're taken to jail and processed. They're informed of the charges against them and, in most cases, the amount of bail they'll have to pay is taken from an existing bail schedule. Once they're aware of the bail amount most will get in touch with a bonding company to arrange bail, even if it's the dead of night (better bonding agents offer 24-hour bail bonds). While awaiting release they're held in a jail cell, usually with others also awaiting release. In some cases, the accused will be held until they can make an appearance before a judge or magistrate who will determine how much bail, if any, should be imposed.

For people with physical disabilities, the process typically unfolds in a similar but not identical manner. All governmental agencies (including the police) are required to make sure their facilities adhere to the Americans with Disabilities Act, meaning the jail must be able to accommodate the disabled person and, if need be, their wheelchair or other mobility device. There must also be a handicapped-accessible bathroom and, with few exceptions, the person will be segregated from the rest of those awaiting release or a court appearance.

Bail is Set

As with anyone else bail will be set for the disabled person, usually from a bail schedule that indicates the amounts due for various offenses. If the person is accused of a particularly heinous act they will likely be held over until they can have a bail hearing before a magistrate or judge. At the bail hearing it will be determined if the offender warrants bail or if they should be remanded to custody while awaiting trial.

But let's say the disabled offender is charged with a less serious crime and bail is set from the bail schedule. At that point, they may pay the full amount out of their own pocket if they can afford to do so and feel so inclined. More likely they will call a bail bondsman and arrange for them to post a bond. In most cases, this process takes anywhere from thirty minutes to a few hours.

The Same, but Different

It's well known that police do not look forward to arresting the physically disabled. Not because of some prejudice against the handicapped, but because it means a lot more work for them. They may have to lift the disabled person into the back seat of a patrol car, pack the wheelchair into the trunk of the car, place them back into the chair at the station, search both the person and the chair, ensure they are placed in a special cell and make sure they have any medications they might need. But beyond the additional care that must be taken in handling and processing them, other aspects of the process unfold the same as they do for everyone else.

The Court Appearance

Assuming the accused does not jump bail their court appearance will also unfold in the same manner as everyone else's. With the exception again of how they are handled and accommodated. If, by some chance, the defense believes the person's disability helps explain the actions that led to their arrest they may raise the issue in either requesting that the charges be dropped or that the court otherwise show leniency.

Bail Bonding for Coloradoans with Disabilities: Additional FAQs

Contact Tayler Made

Regardless of your physical status if you have been arrested you will need affordable bail bonds asap. Tayler Made offers round-the-clock bail that will have you on your way as quickly as possible so that you can resume your normal life without undue delay. Get in touch with Tayler Made by searching for "bail bonds near me" or simply calling 303-623-0399.