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Englewood, Colorado 80111
Tel. 303-627-7777
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FAQ: Understanding Colorados Bail Bond Laws

FAQ: Colorado’s Bail Bonding System – Typical Bond Schedules and Other Information – Pretrial Release Services

In the United States, an individual accused of a crime is innocent until proven guilty. Most defendants have the right to be released on bail that is not excessive rather than remaining in jail pending the outcome of a trial.

However, some serious crimes are not bailable offenses under Colorado law, including murder, kidnapping, and treason. In addition, persons arrested for a violent crime who have been previously convicted of a violent crime, or who are out on bail for a violent offense, are also not eligible for bail.

Definition of bail and bond.

After an individual is arrested, the court sets the amount of bail, the type of bond, and any other conditions of release. The primary purpose of bail is to ensure that the defendant appears for

trial. A bond is an agreement between the defendant and the court under which the defendant agrees to comply with all of the conditions of release and to pay the bail amount if he or she does not appear in court.

The court may order one of two types of bonds, unsecured or secured. With an unsecured bond, the defendant is released on his or her promise to appear, but is required to pay the bail amount if he or she does not appear in court. With a secured bond, the defendant either pays, or promises to pay through a commercial bailbondsman, an amount of money or interest in property before he or she may be released from jail pending trial.

Although there are judicial district guidelines for setting bail, the court has the discretion to set the amount of bail and type of bond on a case-by-case basis after considering criteria set forth in law.

If the defendant cannot afford to pay the bail amount, he or she can pay a fee to get a bond through a commercial bail bondsman, secure a bond using real estate, or remain in jail. In addition to financial conditions, the court may order any number of other conditions of release, which could include supervision by a pretrial services program.

Pretrial services programs.

Under current Colorado law, most defendants qualify for release to supervision by a pretrial services program on either a secured or unsecured bond. There are ten pretrial services programs that are publicly funded and serve over 70 percent of the state’s population. The programs are located primarily along the Front Range, with the exceptions of Weld, Pueblo, and Mesa counties. Pretrial services programs provide two primary functions.

First, they assess defendants and provide information and recommendations to the court regarding the defendant’s risk to public safety and the likelihood that he or she will appear in court. The court uses this information in setting the defendant’s amount of bail and type of bond.

Second, pretrial services programs provide community-based supervision to monitor defendants prior to trial through various methods, such as periodic visits with the defendant, drug testing, and substance abuse treatment. Failure to comply with the pretrial services conditions may result in the defendant being returned to jail while awaiting trial.

An Example of a Typical Bail Bonding Schedule – Boulder

Bonds in Criminal Cases

Authority to Grant Bail. The Bond Commissioners, sheriff and deputy sheriffs of Boulder County are authorized to admit any person charged with or under investigation for any one or more of the offenses set forth in section (3)(c) of this order to bail in the amount set opposite the type of offense or as specified on the existing warrant, except as prohibited by section (3)(e) of this order.

(1) Such bail shall be in the form of cash, certified check, cashiers check, stocks or bonds, real estate, corporate surety or a professional bail bondsman currently licensed by the State of Colorado. Personal checks will not be accepted for bonds.

Bond Requirements and Schedule of Bonds

(1) The amount of bond set opposite the specified criminal offense in the Schedule of Bonds in this order shall be the bail for the offense or offenses charged unless otherwise ordered by a judge or magistrate, or unless prohibited by section (e) of this order.

(2) If a person is charged with more than one offense, no greater bail than the highest bail for any single offense shall be required. Bail shall not be accumulated.

(3) If two or more persons are charged with an offense or offenses, the amount of bond set forth in the Schedule of Bonds in this order shall be for each person and not the total amount for all persons charged.

(4) All bonds accepted under this order shall command the person charged with the offense to appear before the court on the court’s regularly scheduled advisement day except that any person arrested for a crime or offense with an underlying factual basis of domestic violence as defined in section 18-6-800.3, C.R.S. shall be interviewed by a Twentieth Judicial District Bond Commissioner for the purposes of the setting of bond and imposition of section 18-1-1001, C.R.S., Protection Order Against Defendant.

Bond in Colorado Domestic Violence Cases

No person arrested for a crime or offense with an underlying factual basis of domestic violence may be released on bond unless the provisions of section 18-1-1001(5), C.R.S. are fulfilled; that is, before a defendant is released on bail, the court shall state the terms of the protection order, including any additional provisions added pursuant to subsection (3) of 18-1-1001, to the defendant on the record and the court shall further require the defendant to acknowledge the protection order as a condition of any bond for his or her release.

(5) The following bond conditions require a judicial order before the defendant may be released [UNLESS THE DEFENDANT IS ON PROBATION AND THE CONDITIONS OF HIS PROBATION CONTAIN ANY OF THE FOLLOWING-IF SO, NO JUDICIAL ORDER IS REQUIRED]:

a) Other “no contact” provisions will be recommended when necessary to protect the safety of the alleged victim or when the defendant is accused of entering or remaining in a business, store, school or other building in a manner that is disruptive or potentially harmful to others or when the defendant is a current or former employee of the complainant. This condition may also be recommended if the bond commissioner believes that other conditions or circumstances exist that make the imposition of a “no contact” order appropriate.

b) “No contact with people under the age of 18″ shall be recommended when the offense involves harm or potential harm to a person who is younger than 18 years of age.

c) “No weapons” shall be recommended when the defendant is charged with crimes in which the defendant was in possession of a weapon.

d) “No drugs or alcohol” will be recommended when the defendant was under the influence of drugs and/or alcohol at the time of the commission of the offense regardless of whether the defendant is charged with a drug offense.

e) “No driving without a license” will not be used as a bond condition.

Boulder’s Schedule of Bonds:

Felony Bonds

18-4-202 First Degree Burglary 20,000.00

18-4-203 Second Degree Burglary of Dwelling 20,000.00

18-4-204 Third Degree Burglary 1,500.00

18-4-401 Theft between $1,000-$20,000 2,500.00 – Theft over $20,000 3,500.00

18-4-402 Theft of Rental Property $1,000-$20,000 2,500.00 – Over $20,000 3,500.00

18-4-409 Aggravated Motor Vehicle theft in the First Degree (all sections) 2,500.00

18-4-410 Theft by receiving between $1,000-$20,000 2,500.00 – Theft by receiving over $20,000 3,500.00

18-4-502 First Degree Criminal Trespass 1,500.00

18-4-602 Theft of Sound Recordings 1,500.00

18-5-102 First Degree Forgery 2,500.00

18-5-105 Criminal Possession of a First Degree Forged Instrument 1,500.00

18-5-109 Criminal Possession of Forgery Devices 1,500.00

18-5-113 Criminal Impersonation 1,500.00

18-5-205 (3)(c)(d) Fraud by Check 2,500.00

18-5-206 (1)(c)(d) Defrauding a Secured Creditor 2,500.00

(2)(c)(d) Defrauding a Secured Creditor 2,500.00

18-5-702 (3)(c)(d) Unauthorized Use of Financial Transaction Device 2,500.00

18-5-903 (2)(b), (2)(c) Criminal Possession of Financial Transaction Device 2,500.00

18-5-705 Criminal Possession or Sale of a Blank Financial Transaction Device 2,500.00

18-5-706 Criminal Possession of Forgery Devices 1,500.00

18-5-707 Unlawful Manufacture of a Financial Transaction Device 2,500.00

18-5.5-102 Computer Crime $1,000-$20,000 2,500.00 Over $20,000 3,500.00

18-18-404 Unlawful Use of a Controlled Substance as Class 5 Felony 1,500.00

18-18-405 Possession of Controlled Substance (Sale requires D.A. approval) 2,500.00

18-18-405(1)(a)Unlawful Possession of Chemical or Supplies with Intent to Manufacture a Schedule I or II Controlled Substance 2,500.00

18-18-405(1)(a) Unlawful Distribution of a Schedule I or II Controlled Substance 50,000.00

18-18-406 Possession of Marijuana as other than Misdemeanor (Sale or cultivation requires D.A. approval) 2,500.00

18-18-412.5 Unlawful Possession of Methamphetamine Manufacturing Materials 2,500.00

If the offense described is a crime of attempt, accessory, complicity, or conspiracy, the bond amount shall be the same as listed for the substantive crime.

Misdemeanor Narcotics and Drug Violations:

18-18-404 Possession, Sale or Use of Controlled Substance 1,000.00

18-18-405 as Class I Misdemeanor 1,000.00

18-18-406 Possession of Less Than One Ounce of Cannabis 25.00

FALL OTHERS AMOUNT OF FINE + 37% SURCHARGE

Class One Misdemeanors: 1,000.00

Class Two Misdemeanors: 500.00

Class Three Misdemeanors: 100.00

Petty Offenses:

Class One Petty Offenses 50.00

Class Two Petty Offenses 25.00

Traffic Offenses:

42-2-138 or Driving under Suspension, Denial

42-7-422 Cancellation or Revocation 500.00

42-2-138 Driving under Revocation – Alcohol Restraint 3,000.00

42-2-101 No Operator’s License 50.00

42-4-1402 Careless Driving: Injury to Person 1,000.00

42-2-1601 Hit and Run: Injury to Person 1,000.00

42-2-1604 Hit and Run: Damage to Property Only 300.00 through 1600.00

42-4-107 Disobeying a Police Officer 300.00

42-4-1301 Driving Under the Influence:

1st Offense 500.00

2nd Offense 1,000.00

3rd Offense Bond Not Authorized

Driving While Ability Impaired: 1st and 2nd Offense 300.00 – 3rd Offense Bond Not Authorized

42-4-1409 No Proof of Insurance 200.00

42-4-1401 Reckless Driving 300.00

42-4-1413 Eluding an Officer 300.00

ALL OTHER SECOND CLASS TRAFFIC OFFENSES 100.00

UNCLASSIFIED TRAFFIC VIOLATIONS 50.00

(7) The Bond Commissioners, sheriff and deputy sheriffs shall not authorize bail pursuant to the schedule without a Judge’s approval if the defendant falls within section (e) of this order.

(8) Upon approval of judge, the bond commissioners may set other conditions of case bonds which will render it more likely that the defendant will fulfill the standard bail bond conditions. Unless such conditions are accepted, the defendant may not be released.

(d) Personal Recognizance Bonds

(1) Bond Commissioners are authorized to interview all Twentieth Judicial District defendants who are in custody for criminal offenses. Bond commissioners shall not interview defendants charged with a class I or II felony prior to the first appearance hearing unless instructed to do so by the court. Bond commissioners may, however, interview defendants charged with a class II felony for second possession of a controlled substance.

(2) Bond Commissioners shall determine from verifiable information contained in the Twentieth Judicial District bond application the defendant’s qualification for a personal recognizance bond pursuant to section 16-4-105, C.R.S.

(3) If the Bond Commissioners determine that a defendant in custody for a traffic offense, misdemeanor, or class III, IV, V or VI felony offense is qualified for a personal recognizance bond, they may approve such bond, including any cosigners when necessary, and may attach reasonable conditions to the bond in order to:

(A) Assure future court appearances; and

(B) Reduce a perceived risk of danger to the defendant or to the community.

(4) The amount of personal recognizance bond shall be as follows: Class III Felony: $2,000.00; Class IV Felony: $1,500.00; Class V and VI Felonies: $1,500.00; Class I Misdemeanor: $1,000.00; Class II Misdemeanor: $500.00; Class III Misdemeanor: $100.00.

(5) Defendants making applications for a personal recognizance bond shall swear or affirm under oath that the information contained on the bond applications true. Falsifying the information shall subject the defendant to the penalties provided by law and revocation of the bond. Such oath or affirmation shall be both oral and written and shall be administered by the Bond Commissioner before the defendant signs the bond application.

(e) When Judge’s Approval is Required. The Bond Commissioners, sheriff or deputy sheriff shall not set any bond in the following cases unless a judge’s approval has been obtained.

(1) It is a felony or misdemeanor crime in which there are allegations of threats to do bodily harm to self or others or in which actual bodily harm occurred.

(2) It is a felony crime that involves the alleged threat or use of a weapon.

(3) It is a felony crime that involves the use of force.

(4) It is a felony or misdemeanor crime of sexual assault or unlawful sexual contact.

(5) It is a felony or misdemeanor crime and the defendant is on existing felony or class I misdemeanor bond, or has a felony conviction within the last five years or a class I misdemeanor conviction within the last two years and the district attorney’s consent has not been obtained.

(6) It is a felony crime and the defendant is on parole, non-local felony probation, or on a felony bond.

(7) It is a felony crime and the defendant is currently on local (Twentieth Judicial District) probation and the probation department’s consent has not been obtained.

(8) The bond commissioner has reason to believe the defendant will flee thejurisdiction.