Denver Bail and Bond Lawyer

No one wants to receive a call from a loved one who was recently arrested. The thought of a significant other, parent, child, or other loved one sitting in jail, worried about their safety and their future, can be heartbreaking. But you may be able to get them out by posting bail. Denver bail and bond lawyer Reid DeChant at DeChant Law is ready to take on your case today and help you post bail as soon as possible.

Why Does Bail Exist?

While all people are considered innocent until proven guilty, arrested individuals are often incarcerated for weeks, months, and even years in jail, awaiting their court date. This may sound completely unfair and counterintuitive (how can someone be considered innocent, yet be behind bars?), and you would be correct. In fact, our criminal justice system profits off incarcerating people, both in the short and long term. Prisons profit off of convicted felons who serve long sentences, while county jails and bail bond companies profit off of recently arrested pretrial individuals. While bail is used to ensure that a defendant does not simply run off once they are released pretrial, middle and working class individuals are often forced to hire a bail bondsman to front the money. This can cause financial hardship for years to come. And, it should be noted, that bail bond lobbyists have helped shape various state laws that favor the economic well-being of commercial bail bond companies, not the American public.

How Does Bail Work in Colorado?

Bail is collateral—it is essentially a financial promise that they will show up to all future court proceedings. Failing to do so means that the person who posted bail will not get their money back. If you cannot afford to pay bail out of your own finances, you can find a bail bond company that will front the money for you/your loved one. Their nonrefundable premium should be capped at 15 percent of the amount of the bond. There are three types of bail bonds: cash, surety, or property.

A cash bond is posted by you paying the exact amount in cash. The advantage of posting a cash bond is that as long as you appear for all court dates and do not violate any conditions of release, you will have the ability to receive the cash back at the end of the case.

A surety bond should be thought of like insurance. You pay a fee (your insurance premium) to secure coverage for the entire cost of your car. Just like car insurance, you pay the bond company the fee (premium) and the bond company agrees to cover the full amount of the bond. A 10% premium is the most common fee charged.

A property bond is the same as a surety bond, however, the bond company will take possession of your property as collateral. This type of bond is not always allowed in Colorado Criminal Courts.

If the defendant violates a condition of the bail, the bond company could be on the hook for the full amount of bail, unless they bring the defendant into court. This is where bounty hunters come into play, as if they can turn the defendant in, they will avoid having to pay the full amount of bail.

What conditions of bail can be imposed?

The type of bail and conditions of release shall be sufficient to reasonably ensure the appearance of the person for future court dates and to ensure community safety and the safety of any alleged victim. When determining the amount of bail and conditions of release, the court shall use a risk assessment tool as well as consider several personal considerations of the defendant. These factors include and are not limited to: employment status, family relationships, living situation, reputation in the community, if the person has help appearing in court, the likely sentence, prior criminal history, any facts indicating the possibility of violations of the law or court orders if released, and any other facts the court finds relevant. 16-4-103 C.R.S.

Common nonmonetary conditions of release include GPS with area restrictions, SCRAM, urinalysis testing, and participation with a pretrial services agency. Judicial officers can impose almost any condition in exchange for the defendant’s release from custody. An experienced bail and bond lawyer will advocate for these nonmonetary conditions to help save the client from posting a large cash bail.

What can I do if the bail amount is too high too post?

Colorado law created an expedited procedure to appeal the amount of bail or conditions of released required by a judicial officer. The first step is filing a motion to reconsider the bail, or conditions of release, imposed by filing a request pursuant to 16-4-109 C.R.S. If that is denied, you can seek relief by filing a bail bond appeal pursuant to 16-4-204 C.R.S.

Call a Denver Bail and Bond Lawyer Today

If you or a loved one are in custody, it is important to hire an attorney who is willing and able to spend the time necessary to gather this information to present to the court when arguing for release. You cannot ask to have the bail lowered at every court appearance, so you need to come out of the gates strong to assure the highest chance of pretrial release.

It also is important to note that the conditions of bail are not a one-time fight. These conditions last the length of the case until a disposition is reached. If more restrictive conditions are imposed in exchange for your release from custody, over time we can advocate to reduce the conditions of release. On the other hand, prosecutors can file a request to revoke your bail if they believe you have violated a condition.

One of the most important things you can do for your loved one and yourself is to work with an attorney to have bail set at the lowest possible amount. Once we get your loved one out of jail, we can get started on a legal defense strategy to fight the charges against them. Call an experienced Denver bail and bond lawyer at DeChant Law today at 303-409-7500 for a free case evaluation.