Following an arrest on a warrant, or even a warrantless arrest, you will appear in front of a Judge to address the question of bond. Public defenders often are provided at these initial hearings. However, should you retain private counsel prior to turning yourself in, your privately retained criminal defense attorney can appear with you and argue bond and bond conditions on your behalf.
Bond can be argued more than once in a case. Circumstances may change such that a lower bond is appropriate, or a different and more sympathetic Judge may hear your case and disagree with the first Judge to review your case and set the bond amount. Putting the prosecuting attorney on notice that you will address bond – ahead of time – is important, as failure to do so could mean that a bond argument would have to wait several weeks. In Victim’s Rights Act or VRA cases, the prosecutor must have had victim contact or at least attempted such contact in order for bond to be addressed – since the victim has a right under this law to be present and be heard at any hearing addressing bond.
A general guideline for what bond to expect given the severity of your charges in Colorado
The bond amounts are at least loosely based upon the bond schedules established by the Court in which you are charged. Each County has their own bond schedules and these are viewable online.
However, bond schedules do not always accurately predict the amount at which your bond will be set. The amount of your bond will depend on your criminal history, ties to the community, any flight risk you may be deemed to pose, and any perceived danger to the community posed by your being out of custody. Conditions are often imposed on your bond, such as pretrial monitoring, or the wearing of a gps monitor or scram bracelet. Should bond conditions not be complied with, your bond can be revoked and you would need to repost a new bond which is likely to be higher – usually twice the amount initially posted prior to revocation.
Oftentimes, a good bond argument can make the difference between a relatively low bond and a high one.
If you have an outstanding warrant, you should consult with an experienced criminal defense attorney to assess your situation and to get a sense of what range of bond amounts to expect. Additionally, should a bond have already been set at an amount too high for you to post, an attorney may be able to successfully argue for a reduction of bond.
Similarly, an attorney can argue for and a change in bond conditions – including the removal of any GPS monitor, a removal or reduction of sobriety monitoring, and the adjustment of any other conditions which may be burdensome.
It is a standard condition of bond that the defendant not travel outside the State of Colorado. A defense attorney can file a motion requesting that you be granted specific permission to travel out of the state while out of custody on a bond. If you have travel needs, your attorney will need to know where and when you are traveling, and receive a consent of surety from your bonds person. The Court will also require that you sign a waiver of extradition, giving up your right to fight extradition proceedings should you not return to Colorado to appear in your criminal case.
Don’t wait to contact the Law Office of Kimberly Diego once criminal charges have been leveled against you; the sooner you meet with Ms. Diego, the sooner you’ll be able to prepare a rigorous defense. To schedule a free initial consultation, call 720-257-5346 or fill out afree case review form, and a representative from the Law Office of Kimberly Diego will contact you as soon as possible.