Colorado Bail Bonds
You have just been arrested – you call your friend or family member, but what happens? What do you need to do? What should you tell them? Your first thought is probably, how can I get out of jail? This post is to provide some information about arrests and release from custody and Colorado bail bonds.
Can I get released from Jail After an Arrest with a Colorado Bail Bond?
Before you can be released, you must go through a booking process. This includes being fingerprinted, being photographed (aka mug shot), providing identifying information (height, weight, tattoos, ect), and possibly, a swab of your DNA. This can take several hours. The jail will work on its own timeline and there is nothing that an attorney and/or your loved one can do to speed up the process.
Once the booking process is complete, then bail is set. Bail is a sum of money that is exchanged for the release of an arrested person. Bail can be set secured or unsecured. There are several factors to determine what type of bail is set, mainly the type and severity of the crime.
A judge can set bail or it can be requested in the complaint or the charging documents. If you are arrested and no bail is set, you will be brought before the judge at the next court date. There are some crimes in which no bail will be set, for example capital crimes. Once bail is set, the court can allow it to be posted as a secured or unsecured bond. If the amount requested is excessive or you are unable to pay the bail, you can ask the judge to lower the bail amount or release you on an unsecured bond.
An unsecured bond allows you to be released without having to pay any money or other security interest. You are released on your promise to appear at court and any conditions set by the court. This is referred to as a personal recognizance Bond (PR bond). Pay close attention to all of your paperwork given to you. There are important dates and conditions to your release. If you miss a court date or violate a condition of the PR bond, you could be put back in jail, be required to post a secured bond (see below), or it could result in additional charges against you. In Colorado, this is a common type of release for misdemeanor offenses.
A secured bond is one in which money or other property must be posted. It can be posted as a cash bond directly to the court or through a surety, such as a bondsman. Pay close attention to all terms and conditions of your bond release. If you miss a court date, even accidentally, or violate a condition of the bond, the bond could be forfeited and you would be placed back into custody. A violation of bond terms could result in enhanced charges.
Do I Need an attorney to get out of jail or to get a Colorado Bail Bond?
For the booking and bonding out process, you may not need an attorney to be present. If you were going before a court for a bond hearing, than you would want an attorney. You have a right to have an attorney represent you at all critical stages of a criminal case, including the bond hearing. You will be up against a trained attorney who will argue to the judge to set bail and/or keep you in custody.
Special considerations for Domestic Violence Charges and Colorado Bail Bonds
If you or a loved one are accused of a domestic violence charge- you will want an attorney to represent you. You will be taken before the court and in addition to setting bail; the court is required to issue a mandatory protective order. Your domestic violence attorney will be there to ensure that any mandatory protective orders are consistent with your life and/or family situation. If it is not, then you may violate the order, which can result in additional charges and/or revocation of the bond.
I’ve been Released on a bail bond- now what? Retain a Colorado Criminal Defense Attorney
No matter what you are charged with, this is not the time to “do-it-yourself.” The government has trained witnesses, forensic teams, and lawyers on their side. You need professional representation. Retain a criminal defense attorney in your area. You do not have to go with the first attorney that you contact. When you are interviewing potential attorneys, you want to find one that you are comfortable with, that is competent to take your case, and have significant experience in your jurisdiction.
Thank you for visiting our post on what to do after an arrest. For more information, contact us directly at (303) 747-4686 or click here.