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Your Guide to Bail Bonds in Colorado (from the Divison of Insurance website)
1. WHAT IS BAIL?
Bail is an amount of money or property that is deposited with a court by a person who has been charged with a crime. A defendant who has been arrested for a crime will usually be held in custody until some form of bail has been posted. Bail is the defendant's guarantee to be present at all court proceedings.
2. DO I HAVE A RIGHT TO RELEASE ON BAIL?
Yes, for most offenses, except murder and certain violent felonies.
3. HOW IS THE AMOUNT OF BAIL SET?
The amount and type of bail are fixed by the judge at the first appearance before the court. A court will consider the defendants individual circumstances when the amount of bail is set. The bail amount must be sufficient to ensure that the defendant will appear for all scheduled proceedings. A court must also consider the safety of the community, the seriousness of the alleged crime and the defendant’s record.
4. WHAT ARE THE MOST COMMON TYPES OF BAIL BONDS?
All bail bonds are "appearance bonds." Appearance bonds can be posted by a bail bonding agent. "Personal recognizance bonds" and "property bonds" are obtained from a court.
5. WHAT IS A "PERSONAL RECOGNIZANCE BOND"?
A "personal recognizance bond", when authorized by a court, permits release from custody on the defendant’s "personal recognizance", which is a promise to appear as required by a court.
6. WHAT IS A "PROPERTY BOND"?
A "property bond" may only be obtained from a court. If the court permits, a defendant may be allowed to deposit cash or other valuable property to be held by the clerk as a guarantee that the defendant will appear as required. Some jurisdictions allow property bonds guaranteed by a pledge of unencumbered equity in Colorado real estate. Equity of no less than 1-1/2 times the bail amount is required. Other courts do not allow real estate to be used as a property bond. Requirements and procedures for property bonds vary between jurisdictions.
7. WHAT IS A BAIL BONDING AGENT?
A bail bonding agent posts a defendant’ appearance bond and guarantees that the defendant will appear whenever required. Bail bonding agents must be licensed by the State and have an appointment from an insurance company or be a qualified cash bonding agent. Bail bonding agents are paid a premium, which is usually nonrefundable, to post the bond. If the defendant fails to appear, the court may order the bond "forfeited" and require the bonding agent to pay the court the full amount of the bond. Bail bonding agents have the right to apprehend, return the defendant to custody, and to use collateral taken for the bond to pay the bond forfeiture and costs.
8. WHAT ARE "BOND CONDITIONS"?
The defendant must also agree to meet certain requirements known as "conditions." The most important condition is that the defendant must appear at all hearings. Failure to appear may result in arrest and forfeiture of the bond amount. "Failure to Appear" is a separate criminal offense that can result in imprisonment from 6 months to 1 year and the loss of eligibility for probation or suspended sentence. ('18-8-212, C.R.S.) Other standard conditions prohibit the defendant from committing a crime or leaving Colorado while released on bail. The defendant must acknowledge the existence of a mandatory restraining order that prohibits contact with witnesses or the alleged victim. Defendants are commonly required to immediately notify the court of any change in residence or mailing address.
9. AM I REQUIRED TO APPEAR AT ALL COURT HEARINGS?
Yes. The most important condition of the bond is your agreement to appear at each and every court hearing. It is your responsibility to know where and when those hearings are set.
10. WHAT HAPPENS IF I FAIL TO APPEAR IN COURT AS REQUIRED?
The court may issue a warrant for your arrest, revoke your bond or increase the amount of your bond. You may also be charged with a completely new crime, known as "failure to appear." The bail bond may be forfeited and the property or money deposited as collateral for the bail bond may be lost.
11. WHAT SHOULD I DO IF I MISS A COURT APPEARANCE DATE?
It is important for you to act quickly. If you posted a bond with a bail bonding agent, contact the agent immediately. The bail bonding agent may provide you with a consent of surety. You must take the consent of surety to the court clerk and ask for a new court date. If you did not post a bond through a bonding agent, then go to the court clerk as soon as possible and make arrangements for a new court date. In either case, a warrant was probably issued for your arrest for failure to appear.
12. WHAT IS A CONSENT OF SURETY?
A consent of surety is a written document that you get from your bail bonding agent. Bail bonding agents are not required to give you a consent of surety. (If you cannot get a consent of surety, you may be required to post a new bond.)You may need a consent of surety for a Bond Reinstatement - If you have failed to appear in court when required, the bond may be void unless you obtain a consent; or for a Bond Continuance If you are convicted, plead guilty, nolo contendere, or there is an order of deferred prosecution or deferred judgment, your bond will automatically expire unless you obtain a consent of surety for the appearance bond to continue until your sentencing date.
13. THE BONDING AGENT GAVE ME A CONSENT OF SURETY BUT CHARGED A FEE TO STAY ON MY BOND. IS THIS LEGAL?
No. Bonding agents are not allowed to charge a consent fee to stay on a bail bond.
14. I CO-SIGNED FOR A BAIL BOND AND THE DEFENDANT MISSED COURT. DO I AUTOMATICALLY HAVE TO PAY THE AMOUNT OF THE BOND TO THE BAIL BONDING AGENT?
Courts generally allow a short period of time before judgment on the bond is entered. It is in your best interest to immediately contact the bail bonding agent and assist in having the defendant appear in court before judgment is entered. If the bail bonding agent has to locate and arrest the defendant, you may be responsible for related fees and expenses. Surrendering the defendant may keep you from having to pay the full amount of a forfeited bond.
15. IS A BAIL BONDING AGENT AUTHORIZED TO ARREST A DEFENDANT?
Yes. The defendant is obligated by the bail agreement to appear when required by the court. The bail bonding agent is authorized by contract to use reasonable force to apprehend and return the defendant to custody.
16. DOES THE BAIL BONDING AGENT HAVE THE POWER TO REVOKE MY BOND?
Yes. The bail bonding agent may revoke a bond for almost any reason.
17. CAN I GET MY MONEY BACK IF THE BOND IS REVOKED BY MY AGENT?
Maybe. Only the court has the authority to order the bonding agent to return the premium. Youwill need to ask the court to order the refund of premium. ('16-4-108(1)(c), C.R.S.)
THIS GUIDES IS NOT LEGAL ADVICE
Legal advice can only be provided by an attorney. Do not rely upon this publication for legal advice.
Court clerks, sheriffs, police officers and bail agents are not authorized to give legal advice. If you require legal advice, you should contact an attorney.
IMPORTANT HINTS
1. Read all agreements carefully before you sign.
2. If you don’t understand something, ask for an explanation.
3. Always get a receipt.
4. Get copies of important documents.
A joint publication of Colorado Division of Insurance
1560 Broadway, Suite 850 Denver, CO 80202 303- 894-7499 1-800-930-3745 www.dora.state.co.us/insurance
and
Bail Bond Round Table Committee
of the Office of the State Court Administrator
Colorado Judicial Department
1301 Pennsylvania Street, Suite 300
Denver, CO 80203
www.courts.state.co.us
Published June 1998
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