GENERAL INFORMATION BAIL BOND PRIVATE ATTORNEY  *  NOT A BONDSMAN

        What is the purpose of a bond?
        When a defendant is arrested or issued a summons and complaint, a court appearance is set.  Defendant may be booked into jail and held pending trial or final disposition, or left free in the community pending court appearances.  If free, defendant may or may not appear.  A bond is an agreement to forfeit assets in the event of non-appearance - in essence an RSVP invitation to the party.  CRS 16-4-102, CRS 16-4-106

        Who is entitled to a bail bond?
        Upon sufficient sureties, all persons charged with a crime are entitled to "bail out," with certain statutory exceptions such as capital crimes, crimes of violence and other set forth in CRS 16-4-401, CRS 16-4-102
        But, the defendant must sober up before coming to court.  CRS 16-4-103(1)(c)

        Types of bond  CRS 16-4-104
        1.  Personal Recognizance Bond.  A PR eligibility investigator interviews detainees at the jail house looking for stability criteria (i.e. stability of residence and employment, family support system in the community, etc.)  If sufficient points are accrued, the defendant is released on his / her promise to appear.  In the event of failure to appear (FTA), defendant owes the court the amount of the bond.  This is the preferable bond as no cost is involved. 
                Personal Recognizance Bond Investigation     Personal Recognizance Bond Supervision
        2.  Surety Bond.  
                a.  This type of bond is most familiar to lay persons.  
                b.  A bondsman guarantees defendant will appear in court, or the court forfeits the bond and the bondsman must pay the amount of the bond to the court.  Each bondsman is an agent for an insurance company.  In the event of FTA, this may result in a "bounty hunter" looking for the fugitive from justice - bondsmen are not in business to lose money on clients who flee.  CRS 12-7-101 et. seq., CRS 16-4-112
                c.  Bond premium is set by statute - maximum 15% of the bond amount.  CRS 12-7-108  No bondsman will charge more.  If you really think they will charge less, hello turnip truck.
                d.  Collateral is a different story.  Some bondsmen will collateralize with $1 less than the face amount of the bond, or take a trust deed against the defendant's real property or the real property of defendant's family.  Others may hold personal property, car title, etc. as collateral.  Calls to multiple bondsmen would be advisable.  Collateral must be promptly returned upon bond exoneration - within 10 working days after receipt of the court order..  CRS 12-7-109(1)(d.5)  If not done, his / her bail bond license may be revoked by the state and is guilty of a misdemeanor - penalty 1 year jail max + $1,000 max.  CRS 12-7-109(1)(a)
                e.  A bondsman may revoke the bond and end his / her liability on bond by turning the defendant into the jail house.  This would likely be done only in the event the bondsman is concerned the defendant intends to jump bond and flee - become a fugitive from justice.  CRS 16-4-108(c)
                f.  It is unlawful for a bondsman to specify, suggest or advise clients to employ any particular attorney.  If a bondsman makes an attorney referral, his / her bail bond license may be revoked by the state and is guilty of a misdemeanor - penalty 1 year jail max + $1,000 max.  CRS 12-7-109(1)(a)
        3.  Cash Bond.  Defendant would place the full amount of the bond on deposit with the Clerk of Court.  In the event of FTA, the cash would be forfeited and proceeds applied to the bond.  
        4.  Property Bond.  Defendant or family would give a real property trust deed to the Clerk of Court - equity 1.5 times the amount of the bond.  In the event of FTA, the property would be sold and proceeds applied to the bond.  

        Who determines the bond amount and what is the criteria?
        Selection by judge of the amount of bail and type of bond - criteria - follow link for verbatim statute
        In common matters, courts frequently enter a standing order as to standard bond amount, such as DUI $850
        Ooops - driving under restraint - license loss at least in part due to alcohol - statutory bond $10,000  CRS 16-4-103(b)

        Myself or a loved one has been arrested and is in jail.  Do I call a lawyer or bondsman first?
        Call a bondsman.  If the defendant did not qualify for a PR Bond, the bondsman can have the detainee out in a short time.  When an attorney files a motion for bond reduction, the prosecutors are entitled to reasonable notice.  CRS 16-4-107(2)  Five business days notice may be deemed reasonable.  C.R.Crim.P. 45(d)  Most people want out of jail yesterday.

        Should a defendant talk to the bondsman regarding the facts of the case?
        Absolutely not.  The bondsman is not covered by any statutory privilege such as the attorney-client privilege.  A bondsman doesn't need to know the facts of the case.  They are interested in the charges pending, bond amount, stability of the defendant and ability to pay the bond premium plus collateralize as may be requested.  Prosecutors could issue a subpoena to require the bondsman's appearance in court, and statements made to a bondsman could be used as evidence against a defendant.  CRS 13-90-107

        How long is the bond in effect?
        Essentially, until finding of guilt - by plea or trial verdict, dismissal of the case or acquittal.  CRS 16-4-108

        What happens if I'm on bond and enter a plea of guilt - how do I stay out of jail pending sentencing hearing?
        If on bond, at the time of plea entry, defendant must present to the court a bondsman's consent to remain on bond.  Unless the bondsman is concerned the defendant will flee, it is commonplace for bondsmen to give a consent to remain on bond.  CRS 16-4-201

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C.R.Crim.P. 46. Bail
        In considering the question of bail, the Court shall be governed by the statutes and the Constitution of the State of Colorado and the United States Constitution.

CRS 16-4-107. Reduction or increase of bail - change in type of bond.
        (1) Upon application by the district attorney or the defendant, the court before which the proceeding is pending may increase or decrease the amount of bail, may require additional security for a bond, may dispense with security theretofore provided, or may alter any condition of the bond.
        (2) Reasonable notice of an application for modification of a bond by the defendant shall be given to the district attorney.
        (3) Reasonable notice of application for modification of a bond by the district attorney shall be given to the defendant, except as provided in subsection (4) of this section.
        (4) Upon verified application by the district attorney stating facts or circumstances constituting a breach or a threatened breach of any of the conditions of the bond, the court may issue a warrant commanding any peace officer to bring the defendant without unnecessary delay before the court for a hearing on the matters set forth in the application. At the conclusion of the hearing, the court may enter an order authorized by subsection (1) of this section.
        (5) The district attorney has the right to appear at all hearings seeking modification of the terms and conditions of bail and may advise the court on all pertinent matters during the hearing.

C.R.Crim.P 45. Time
        (a) Computation. In computing any period of time the day of the act or event after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday. When a period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
        (b) Enlargement. When an act is required or allowed to be performed at or within a specified time, the court for cause shown may at any time in its discretion:
                (1) With or without motion or notice, order the period enlarged if application therefor is made before expiration of the period originally prescribed or of that period as extended by a previous order; or,
                (2) Upon motion, permit the act to be done after expiration of the specified period if the failure to act on time was the result of excusable neglect.
        (c) Unaffected by Expiration of Term. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the expiration of a term of court.
        (d) For Motions -- Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof, shall be served not later than five days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion, and opposing affidavits may be served not less than one day before the hearing unless the court permits them to be served at a later time.
        (e) Additional Time After Service by Mail. Whenever a party has the right or is required to do an act within a prescribed period after the service of a notice or other paper upon him and the notice or other paper is served upon him by mail, three days shall be added to the prescribed period.
        (f) Inmate Filings. A document filed by an inmate confined in an institution is timely filed with the court if deposited in the institution's internal mailing system on or before the last day for fling. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule.

        In determining the amount of bail and the type of bond to be furnished by the defendant, the judge fixing the same shall consider and be governed by the following relevant statutory criteria:
CRS 16-4-105. Selection by judge of the amount of bail and type of bond - criteria. 
        (1) In determining the amount of bail and the type of bond to be furnished by the defendant, the judge fixing the same shall consider and be governed by the following criteria:
            (a) The amount of bail shall not be oppressive;
            (b) When a person is charged with an offense punishable by fine only, the amount of bail shall not exceed the amount of the maximum penalty;
            (c) The defendant's employment status and history and his financial condition;
            (d) The nature and extent of his family relationships;
            (e) His past and present residences;
            (f) His character and reputation;
            (g) Identity of persons who agree to assist him in attending court at the proper time;
            (h) The nature of the offense presently charged and the apparent probability of conviction and the likely sentence;
            (i) The defendant's prior criminal record, if any, and, if he previously has been released pending trial, whether he appeared as required;
            (j) Any facts indicating the possibility of violations of law if the defendant is released without restrictions;
            (k) Any facts indicating a likelihood that there will be an intimidation or harassment of possible witnesses by the defendant;
            (k.5) The fact that the defendant is accused of unlawfully using or distributing controlled substances on the grounds of any public or private elementary, middle, or secondary school, or within one thousand feet of the perimeter of any such school grounds on any street, alley, parkway, sidewalk, public park, playground, or other area of premises which is accessible to the public, or within any private dwelling which is accessible to the public for the purpose of the sale, distribution, use, or exchange of controlled substances in violation of article 18 of title 18, CRS, or in any school bus engaged in the transportation of persons who are students at any public or private elementary, middle, or secondary school;
            (k.7) The fact that the defendant is accused of soliciting, inducing, encouraging, intimidating, employing, or procuring a child to act as his agent to assist in the unlawful distribution, manufacture, dispensing, sale, or possession for the purposes of sale of any controlled substance;
            (l) Any other facts tending to indicate that the defendant has strong ties to the community and is not likely to flee the jurisdiction;
            (m) Unless the district attorney consents, no person shall be released on personal recognizance if he is presently at liberty on another bond of any kind in another criminal action involving a felony or a class 1 misdemeanor;
            (n) Unless the district attorney consents, no person shall be released on personal recognizance if he has a record of conviction of a class 1 misdemeanor within two years, or a felony within five years, prior to the release hearing;
            (n.5) Unless the district attorney consents, no person who is eighteen years of age or older or is being charged as an adult pursuant to CRS 19-2-517, or transferred to the district court pursuant to CRS 19-2-518, shall be released on personal recognizance if the person's criminal record indicates that he or she failed to appear on bond in any case involving a felony or class 1 misdemeanor charge in the preceding five years;
            (o) No person shall be released on personal recognizance until and unless the judge ordering the release has before him reliable information concerning the accused, prepared or verified by a person designated by the court, or substantiated by sworn testimony at a hearing before the judge, from which an intelligent decision based on the criteria set forth in this section can be made. Such information shall be submitted either orally or in writing without unnecessary delay.
            (p) No person shall be released on personal recognizance if, at the time of such application, the person is presently on release under surety bond for felony or class 1 misdemeanor charges unless the surety thereon is notified and afforded an opportunity to surrender the person into custody on such terms as the judge deems just under the provisions of section 16-4-108;
            (p.5) Any defendant who fails to appear while free on bond in conjunction with a class 1 misdemeanor or a felony and who is subsequently arrested shall not be eligible for a personal recognizance bond for that case in which such defendant failed to appear; except that, if the defendant can provide satisfactory evidence to the court that the failure to appear was due to circumstances or events beyond the control of the defendant, the court shall have the discretion to grant a personal recognizance bond;
            (q) If a pretrial services program as described in subsection (3) of this section exists in the judicial district in which the defendant is being held, the judge fixing the amount of bail and the type of bond to be furnished by the defendant may utilize the services provided by such program in entering an order concerning such defendant.
        (2) If a defendant has been required by the judge to furnish a secured bond and he is unable within two days to furnish security, if he believes that, upon the presentation of evidence not heard or considered by the judge, he would be entitled to release on personal recognizance, such defendant may file a written motion for reconsideration in which he shall set forth the matters not theretofore considered by the judge who entered the order for bond in the first instance. The judge may summarily deny the motion or promptly conduct a hearing thereon.
        (3) (a) The chief judge of any judicial district may order any persons who are applying for pretrial release to be evaluated by a pretrial services program established pursuant to this subsection (3) which shall make a recommendation regarding whether there should be a pretrial release of any particular defendant. Such chief judge may make such order in any or all of the counties of such chief judge's district.
            (b) Any county or city and county may establish a pretrial services program which may be utilized by the district court of such county or city and county. Any pretrial services program shall be established pursuant to a plan formulated by a community advisory board created for such purpose and appointed by the chief judge of the judicial district. Membership upon such community advisory board shall include, but shall not be limited to, a representative of a local law enforcement agency, a representative of the district attorney, a representative of the public defender, and a representative of the citizens at large. The plan formulated by such community advisory board shall be approved by the chief judge of the judicial district prior to the establishment and utilization of the pretrial services program. The requirement contained in this paragraph (b) that any pretrial services program be established pursuant to a plan formulated by a community advisory board shall not apply to any pretrial services program which exists prior to May 31, 1991.
            (c) Any pretrial services program approved pursuant to paragraph (b) of this subsection (3) shall meet the following criteria:
                (I) Such program shall establish a procedure for the screening of persons who are detained due to an arrest for the alleged commission of a crime so that such information may be provided to the judge who is setting the amount of bail and type of bond. The program shall provide such information as will provide the court with the ability to make a more appropriate initial bond decision which is based upon facts relating to the defendant's risk of danger to the community and the defendant's risk of failure to appear for court.
                (II) Such program shall make all reasonable attempts to provide the court with such information delineated in subsection (1) of this section as is appropriate to each defendant.
            (d) Any pretrial services program may also include different methods and levels of community-based supervision as a condition of pretrial release. The program may use established supervision methods for defendants who are released prior to trial in order to decrease unnecessary pretrial incarceration. The program may include any of the following conditions for pretrial release or any combination thereof:
                (I) Periodic telephone contact with the defendant;
                (II) Periodic office visits by the defendant to the pretrial services program;
                (III) Periodic home visits to the defendant's home;
                (IV) Periodic drug testing of the defendant;
                (V) Mental health or substance abuse treatment for the defendant, including residential treatment;
                (VI) Domestic violence counseling for the defendant;
                (VII) Electronic monitoring of the defendant; and
                (VIII) Pretrial work release of the defendant.
            (e) Commencing November 1, 2000, each pretrial services program established pursuant to this subsection (3) shall provide an annual report to the state judicial department no later than November 1 of each year, regardless of whether the program existed prior to May 31, 1991. The judicial department shall present an annual combined report to the house and senate judiciary committees of the general assembly. The report shall include but is not limited to the following information:
                (I) The number of interviews conducted with defendants;
                (II) The number and nature of recommendations made;
                (III) The number of defendants under pretrial release supervision who failed to appear; and
                (IV) Any additional information the state judicial department may request.
            (f) Any pretrial services program established pursuant to this subsection (3) shall not be eligible for further program funding if the program has failed to provide the reports required in paragraph (e) of this subsection (3).

        All persons shall be bailable by sufficient sureties except for capital offenses, when the proof is evident or the presumption great. Article II, § 19, Colorado Constitution. Excessive bail shall not be required. Article II, § 20, Colorado Constitution.

        The primary function of bail is to assure the presence of the accused. People v. Sanders, 185 Colo. 153, 522 P.2d 735 (1974). And this end should be met by means which impose the least possible hardship upon the accused. Id.

        Bail should be reasonably sufficient to secure a prisoner's presence at trial; it should not be more than will be reasonably sufficient to prevent evasion of the law by flight or concealment. Palmer v. District Court, 156 Colo. 284, 398 P.2d 435, 11 A.L.R. 1380 (1965).

        The purpose of bail is to insure the defendant's presence at the time of trial and not to punish a defendant before he has been convicted. Lucero v. District Court, 188 Colo. 67, 532 P.2d 955 (1975).

        Factors which should be considered by the trial court in determining whether bail should be set, and the amount of such bail, include the seriousness of the offense, the possible danger to the community, the penalty, the character and reputation of the accused and the probability of his appearing. Corbett v. Patterson, 272 F.Supp 602 (D. Colo. 1967). While the guilt or innocence of the accused is not to be determined, the quantity and character of the proofs on this point are, for the special purpose of determining bail, necessarily considered. Shanks v. District Court, 153 Colo. 332, 398 P.2d 990 (1963).

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