The Setting of Bails Bonds in Colorado Domestic Violence

Colorado Bail Bonds impact different kinds of laws and domestic violence cases are no exception. The result of the National Violence Against Women Act made the Colorado Domestic Violence statutes mandatory arrest policies. This was coupled with the mandated denial of bail bond provisions of such aggressive and often unfair laws. As a result, it leads to the arrest of citizens who mostly commit only minor misdemeanor acts and have no experience with the criminal justice system. This sometimes becomes a problem as some suspects are held behind bars without bond and are so terrified when they do see a judge under Colorado’s county domestic violence “fast track” systems. As a result, they often plead guilty in confused thinking that has them believe they will not see their freedom until they have pled guilty, giving up their constitutional rights to a lawyer and to a trial. 

All persons shall be bailable by sufficient sureties in bail bonds Colorado except for capital offenses or when after a hearing held within ninety-six hours of arrest and upon reasonable notice. Here are the following exceptions to the right to bail bonds Colorado:

1. A crime of violence, as may be defined by the general assembly, is alleged to have been committed while on probation or parole resulting from the conviction of a crime of violence.
2. A crime of violence, as may be defined by the general assembly, alleged to have been committed while on bail pending the disposition of a previous crime of violence charge for which probable cause has been found;
3. A crime of violence, as may be defined by the general assembly, is alleged to have been committed after two previous felony convictions, or one such previous felony conviction if such conviction was for a crime of violence, upon charges separately bought and tried under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States which, if committed in this state, would be a felony.
4. A crime of possession of a weapon by a previous offender alleged to have been committed in violation of C.R.S. 

On the other hand, when a person has been convicted of a crime of violence or a crime of possession of a weapon by a previous offender at the trial court level and such person is appealing a such conviction or awaiting sentencing for such conviction and the court finds that the public would be placed in significant peril if the convicted person were released on bail.

Setting the Amount by Colorado Bondsman

Colorado bail bonds‘ primary function is to assure the presence of the accused and this end should be met by means which impose the least possible hardship upon the accused. Thus, the court should consider facts that throw light on what would be reasonable bail in order to assure the defendant’s presence at the trial. Lastly, the power of deciding the amount of bail is within the discretion of the trial court, and its decision in that regard will not be disturbed when properly raised except in a clear case of abuse of discretion.

Denial from Colorado bondsman

In Colorado, there is an absolute right to bail except as set forth above. The amount and conditions may vary, but bail may not be denied except according to the procedures. To deny bail for capital offenses or cases where the public would be placed in significant peril if the accused were released on bail and such a person is accused, a trial court must hold a hearing to determine whether “the proof is evident or the presumption great”. Denial of Colorado bail bonds is also mandatory upon finding that proof is evident or presumption is great like denial of bail was not cruel and unusual punishment. 

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:

1. The amount of Colorado bail bonds shall not be oppressive
2. When a person is charged with an offense punishable by a fine only, the amount of bail shall not exceed the amount of the maximum penalty
3. The defendant’s employment status and history and his financial condition
4. The nature and extent of his family relationships
5. His past and present residences
6. His character and reputation
7. Identity of persons who agree to assist him in attending court at the proper time
8. The nature of the offense presently charged and the apparent probability of conviction and the likely sentence
9. The defendant’s prior criminal record, if any, and, if he previously has been released pending trial, whether he appeared as required.
10. Any facts indicating the possibility of violation of the law if the defendant is released without restrictions
11. Any facts indicating a likelihood that there will be an intimidation or harassment of possible witnesses by the defendant.
12. Any other facts tending to indicate that the defendant has strong ties to the community and is not likely to flee the jurisdiction

Victim Rights

When the alleged victims of domestic violence are notified of the defendant’s release from custody, he/she has the following rights:

1. The right to be treated with fairness, respect, and dignity and to be free from intimidation, harassment, or abuse throughout the criminal justice process;
2. The right to be informed upon request by the victim when a person is accessed or convicted of a crime against the victim is released or discharged from the county jail;
3. The right to be heard at the critical stages of a court proceeding involving the defendant’s bond where the court action involves a bond reduction;
4. Victims have the right to be informed, upon request, when a person who is accused or convicted of a crime against such victim is released from custody or has escaped.

Other Rights of Victims

Victims and witnesses have the Constitutional right to be informed by law enforcement or the district attorney of the status of the case, including all significant proceedings.

A person who is a victim of a criminal act, such person’s designee, legal guardian, or surviving immediate family members if such person is deceased shall have the right to be heard when relevant, informed, and present at all critical stages of the criminal justice process.