In Greeley, Colorado, when a person is in held in custody after being arrested, they can often be released on Bail. A Bail Bond is a court paper which says that a person gives money to the court to ensure that an inmate will return to court for the proceedings such as their trial. Our attorneys at the O’Malley Law Office recognize that defendants can have many questions about Bail Bonds. Our defense attorneys are always willing to answer questions. They also have many years of experience defending against violation of Bail Bond conditions. Below, our skilled criminal attorneys discuss these 5 facts about Bail Bonds:
- What is a Bail Bond and How Does it Work in Weld County?
- In Greeley, Colorado, What is the Difference Between Bail and Bond?
- What are the Types of Bail Bonds in Weld County, Colorado?
- What are Other Conditions of Bonds in Greeley, Colorado?
- Violation of Bail Bond Conditions in Weld County, C.R.S. 18-8-212
#1. What is a Bail Bond and How Does it Work in Weld County?
A Bail Bond, in Weld County, is a document with conditions of release from a court, following a bond hearing after an arrest. At this hearing, both the prosecution and the defense get to argue for a lower bond and what they consider reasonable bond conditions. This is an order from a judge where the defendant is allowed to put money, property, or a surety bond before a court, which requires abiding by certain conditions to be released until the remaining court hearings, and trial, are completed. If these conditions are violated, your bond may be revoked. One of the most important conditions of every bond is that you must attend your future court proceedings. If you miss a court date, then your bond will be revoked, you’ll be rearrested, and you can face additional criminal charges, such as C.R.S. 18-8-212, Violation of Bail Bond Conditions.
#2. In Greeley, Colorado, What is the Difference Between Bail and Bond?
In Greeley, Bonds, are conditions or requirements which a person must do so they can be released pending further court hearings. These conditions can be unsecured, meaning the person must abide by the conditions only or they can be rearrested. A secured bail is usually backed up by posting money or property. Bail is the money or collateral that is placed as a condition of the Bond to ensure that a person attends all court appearances and follows all conditions of bond. In many instances, Bail and Bond are used to mean the same thing.
#3. What are the Types of Bail Bonds in Weld County, Colorado?
In Weld County, there are 5 types of Bail Bonds which are:
- Cash Bail – Cash Bail is when the defendant or their family or friends give the court the total amount of the Bail in cash. The cash will be held by the Weld County Courts until the hearings all occur and the defendant appeared. This is a powerful incentive for the defendant to appear in court, because if they appear for all court appearances, the money will be returned in full.
- Surety Bond – is an alternative to cash bail. This generally involves a third-party company who uses the defendant’s collateral and then assures the court that they are responsible for the defendant returning to court. The company then agrees that they will pay the bail amount to the court if a defendant fails to appear for their scheduled court appearances. When this happens, the cosigners on the surety bond, and the defendant, will owe the surety company reimbursement of the bail amount.
- Property Bond – This is like a Cash Bail except instead of money a lien is placed on the real property of someone instead of cash being posted. If the defendant does not appear in court, then the court can foreclose on the property in order to be paid for the bail amount.
- Personal Recognizance Release – Another method of release, pending court hearings and trial, is when a defendant is released after promising to return to court as ordered. Usually, they are first interviewed by a county administered pre-trial release program while still in custody. This program can make a recommendation to the court that the defendant be released on their own recognizance without any prepaid financial obligation to return to court proceedings. If they fail to return to court, they will get a court judgement against them for the amount of the bail. This type of bond is usually only granted to persons with a limited or no criminal history.
- Citation Release or Summons – Sometimes referred to as a “Cite Out,” this is when there is the issuance of a citation or summons by a police officer , who informs the arrestee that they must appear in court at an appointed court date and time. Upon failure to appear, an arrest warrant will issue.
#4. What are Other Conditions of Bonds in Greeley, Colorado?
In Greeley, some conditions for Bonds other than monetary can include periodic telephone contact with Pretrial Services, office visits, law enforcement visiting the home, drug or alcohol testing, counseling, treatment, protection orders and electronic monitoring. It is important to note that these conditions must also be met if they are a part of the Bond, otherwise a defendant could be remanded to jail.
#5. Violation of Bail Bond Conditions in Weld County, C.R.S. 18-8-212
It is a new crime under C.R.S. 18-8-212, , in Weld County, to fail to appear for trial or other court hearings in violation of your Bail Bond. Violation of Bail Bond conditions can be classified as a misdemeanor or felony, depending on the original criminal charges. If you were charged with a misdemeanor offense, violation of Bail Bond is a class 3 misdemeanor. It is punishable by not less than 6 months in Weld County Jail and fines from $50 to $750. A felony offense charge and then violation of Bail Bond conditions is a class 6 felony, with punishment of at least one year and up to 18 months of time in prison, and fines between $1,000 and $100,000. These consequences are in addition to any penalties for the original criminal charge.
Facing a Bail Bond Violation or accused of Violating your Bail Bond in Greeley or Weld County? First, exercise your right to remain silent. Next, contact the O’Malley Law Office immediately so we can set you up with one of our skilled defense attorneys. Call 970-616-6009 to consult with an experienced defense lawyer in Greeley, Weld County. Together, we can protect your future.
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