10% Bail Bonds W.A.C $5,000 and Larger BondsPosting Bail Bonds in All City and County Jails and
Police Departments in Colorado Including: Adams, Arapahoe, Arvada,
Aspen, Aurora, Boulder, Breckenridge, Brighton, Broomfield, Castle
Rock, Centennial, Central City, Clear Creek, Colorado Springs, Commerce
City, Denver, Douglas, Eagle, Elbert, El Paso, Englewood, Fairplay, Fort
Collins, Fremont, Garfield, Gilpin, Glendale, Golden, Grand,
Greeley, Greenwood Village, Jefferson, Lakewood, Larimer, Littleton,
Logan, Park, Parker, Pitkin, Prowers, Pueblo, Sterling, Summit, Teller,
Thornton, Vail, Weld, Westminster, Wheat Ridge.
How Bail Works
Bail
is a procedure by which a Judge or a Magistrate sets at liberty one who has
been arrested or imprisoned, upon receipt of security to ensure the released
prisoner's later appearance in court for further proceedings. Release from
custody is ordinarily affected by posting a sum of money, or a bond, although
originally bail included the delivery of other forms of property, such as title
to real estate. The principal use of bail in modern legal systems is to secure
the freedom, pending trial, of one arrested and charged with a criminal
offense.
The
purposes of bail pending trial in criminal cases are to avoid inflicting
punishment upon an innocent person (who may be acquitted at trial) and to
encourage the unhampered preparation of his defense.
The
amount of bail is generally set in relation to the gravity of the offense
charged, although some magistrates take into account other factors, such as the
strength of the evidence, the character of the accused, and his financial
ability to secure bail. Failure to consider financial ability has generated
much controversy in recent years, for bail requirements may discriminate
against poor people and certain minority groups who are thus deprived of an
equal opportunity to secure their freedom pending trial. Some courts now give
special consideration to indigent accused persons who, because of their
community standing and past history, are considered likely to appear in court.
A few jurisdictions make it a separate criminal offense to forfeit bail instead
of appearing as required.
How does bail work?
When
an individual is arrested for a crime, typically that person will be taken to a
local law enforcement station for booking, prior to incarceration in a station
lockup or county jail. Once arrested and booked, the defendant has several
options for release pending the conclusion of his or her case. Bail is designed
to guarantee the appearance of a defendant in court at the time the judge
directs.
What are the release options if someone is arrested?
There
are five basic release options available. The five options are:
Cash
Bail - Cash bail means a person must
give the court the total amount of the bail in cash. The cash will be held by
the court until the defendant appears to all of his/her court cases and the
case is concluded. Full cash bonds provide a powerful incentive for the
defendant to appear in court. If the defendant appears for all of his/her
scheduled court appearances, the cash bail should be returned in full.
Surety
Bond - An alternative to cash bail is a
surety bond. This process involves a contractual undertaking guaranteed by an
admitted insurance company having adequate assets to satisfy the face value of
the bond. The bail agent guarantees to the court that they will pay the bond
forfeiture if a defendant fails to appear for their scheduled court
appearances. The bail agent’s guarantee is made through a surety company and/or
by pledging property owned by the bail agent.
For
this service, the defendant is charged a premium. Prior to the posting of the
surety bond, the defendant, friend or relative must contact a licensed bail
agent. Once a bail agent is contacted, an interview or appointment will be
immediately scheduled.
By
involving the family and friends of a defendant cosigning the bond, as well as
through the acceptance of collateral, the bail agent can be reasonably assured
that the defendant released on a surety bond will appear to all of his/her
court appearances.
After
this procedure is completed, the bail agent will post a bond for the full bail
amount, financially guaranteeing the defendants return to court as scheduled.
With
money on the line, the bail agent has a financial interest in supervising
bailees, and ensuring that they appear in court each end every time the court
orders them to appear. If the defendant does not appear in court (skips), the
bail agent has time and the financial incentive to find the defendant and bring
him/her to court.
Property
Bond - In rare cases an individual may be released by posting a property bond
with the court. With a property bond, the court records a lien on the property
to secure the bail amount. If the defendant fails to appear in court as
scheduled, the court may foreclose on the property to obtain the forfeited bail
amount.
Release
on Personal (Own) Recognizance (P.R.) - Another method of release, pending
trial, is through a county or law enforcement administered pre-trial release
program. Usually, the employees of these programs interview defendants in
custody and make recommendations to the court regarding the release of these
individuals on their own recognizance (i.e., without any financial security to
insure the defendants return).
The
interview process is often conducted over the telephone, usually with little
inquiry into the defendant’s background. The interview process attempts to
determine whether the detainee is likely to appear in court. There is usually
no verification of information provided by the defendant. Since no money,
property or bond is posted to secure the defendants appearance in court, he/she
faces no personal economic hardship from the conscious decision not to appear
in court.
Release
on Citation (Cite Out) - This procedure
involves the issuance of a citation by the arresting officer to the arrestee,
informing the arrestee that he/she must appear in court at an appointed court
date.
The
"Cite Out" usually occurs immediately after an individual is
arrested. As a consequence of the failure to follow complete booking
procedures, the true identity and background of most individuals released on
citation is never established. This results in the release of numerous
arrestees who may have outstanding bench warrants pending or who may present a
significant danger to society.
Accordingly,
in those cases involving "Cite Outs", the arrestee may never be
placed in custody. Like the Own Recognizance (O.R.) release, the defendant’s
appearance in court depends exclusively on the integrity of the defendant
voluntarily returning to court as ordered by the court.
How much does a bail bond (surety bond) cost?
In
Colorado, the bail premium (fee) is 15% or $50 minimum. Typically for bonds
$5,000 or larger we charge 10% of the full bail amount with approved cosigner.
For example, if the bail amount is $10,000, the premium charged is $1,000. Most
detention facilities charge bonding, booking, or filing fees of $5-$50 each.
How much of the premium will I get back?
Typically
the premium is fully earned once the bail bond is posted with a jail or court.
That is how bail agents and their surety companies make their money and pay
their bills.
When will collateral be returned?
Collateral
is usually returned when the court finishes with the defendants case(s),
exonerating the bail bond(s), and when all fees have been paid. You must
deliver bond release documents to Bonding Agent.
How long does it take to get released from jail?
It
typically takes anywhere from 15 minutes to 1 hour to be released on bail in a
Municipal or City Jail. If a defendant is booked into a county jail it
usually takes anywhere from 2 to 8 hours to be released on bail.
Excerpts from the Criteria for Setting Bail in Colorado
CRS
16-4-105: 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 likelihood that there will be an intimidation or
harassment of possible witnesses by the defendant;
(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
Some Tips on Bail Bonding Agents:
1.
Make sure you only deal with a licensed bail agent. Ask to see the bail agents
license and identification prior to any bail transaction.
2.
Make sure the bail agent charges you only legal rates not to exceed 15% or $50
minimum per bond plus bonding, booking, and filing fees required by the court
and or detention facility. Any additional charges should be itemized and
explained to your satisfaction.
3.
Make sure you are given itemized receipts for all charges.
4.
Make sure you are given copies of all signed contracts and agreements.
5.
If financing is provided, make sure you understand the terms of the financing
agreement prior to signing and be sure you are given copies of anything you
sign.
6.
Make sure the bail agent you contract with will be available to you after the
bail bond has been posted. Part of what you pay for is service. Any
professional bail agent will be available for questions or concerns throughout
the entire process.
