1. What's BAIL? Bail is an quantity of money or property that's deposited with a court by an individual who has been charged with a crime. A defendant who has been arrested for a crime will usually be held in custody till some type of bail has been posted. Bail is the defendant's guarantee to be present at all court proceedings.
2. DO I've A Correct TO RELEASE ON BAIL?Yes, for most offenses, except murder and particular violent felonies.
3. HOW Will be the Amount OF BAIL SET?The quantity and type of bail are fixed by the judge in the initial look before the court. A court will consider the defendants individual circumstances when the quantity of bail is set. The bail amount must be adequate to ensure that the defendant will seem for all scheduled proceedings. A court should also consider the safety from the community, the seriousness from the alleged crime and also the defendant’s record.
4. WHAT ARE The most Common Types OF BAIL BONDS? All bail bonds are "appearance bonds." Look bonds can be posted by a bail bonding agent. "Personal recognizance bonds" and "property bonds" are obtained from a court.
5. What's A "PERSONAL RECOGNIZANCE BOND"? A "personal recognizance bond", when authorized by a court, permits release from custody on the defendant’s "personal recognizance", that is a promise to seem as required by a court.
6. What is A "PROPERTY BOND"? A "property bond" might only be obtained from a court. When the court permits, a defendant might be allowed to deposit money or other useful property to become held by the clerk as a guarantee that the defendant will seem as required. Some jurisdictions permit property bonds guaranteed by a pledge of unencumbered equity in Colorado genuine estate. Equity of no less than 1-1/2 times the bail quantity is required. Other courts do not permit genuine estate to become used as a property bond. Requirements and procedures for property bonds differ in between jurisdictions.
7. What's A BAIL BONDING AGENT? A bail bonding agent posts a defendant’ look bond and guarantees that the defendant will appear whenever required. Bail bonding agents should be licensed by the State and have an appointment from an insurance business or be a qualified cash bonding agent. Bail bonding agents are paid a premium, that is generally nonrefundable, to post the bond. If the defendant fails to seem, the court might order the bond "forfeited" and need the bonding agent to spend the court the full amount from the bond. Bail bonding agents have the proper to apprehend, return the defendant to custody, and to use collateral taken for the bond to pay the bond forfeiture and costs.
8. WHAT ARE "BOND CONDITIONS"? The defendant should also agree to meet particular requirements recognized as "conditions." The most important condition is that the defendant must appear at all hearings. Failure to seem might result in arrest and forfeiture from the bond quantity. "Failure to Appear" is a separate criminal offense that can outcome in imprisonment from 6 months to 1 year and also the loss of eligibility for probation or suspended sentence. ('18-8-212, C.R.S.) Other regular conditions prohibit the defendant from committing a crime or leaving Colorado while released on bail. The defendant should acknowledge the existence of a mandatory restraining order that prohibits contact with witnesses or the alleged victim. Defendants are generally needed to immediately notify the court of any change in residence or mailing address.
9. Do I Needed TO Appear AT ALL COURT HEARINGS? Yes. The most essential situation from the bond is your agreement to appear at each and each court hearing. It's your responsibility to know where and when these hearings are set.
10. WHAT Happens IF I FAIL TO Seem IN COURT AS Needed? The court might issue a warrant for the arrest, revoke your bond or increase the amount of the bond. You may also be charged with a completely new crime, known as "failure to seem." The bail bond might be forfeited and the property or cash deposited as collateral for the bail bond might be lost.
11. WHAT Ought I to DO IF I MISS A COURT Look DATE? It's essential for you personally to act quickly. If you posted a bond having a bail bonding agent, contact the agent instantly. The bail bonding agent might provide you with a consent of surety. You have to take the consent of surety to the court clerk and ask for a new court date. If you didn't post a bond via a bonding agent, then visit the court clerk as soon as possible and make arrangements for a new court date. In either case, a warrant was most likely issued for the arrest for failure to appear.
12. What is A CONSENT OF SURETY? A consent of surety is really a written document that you get from your bail bonding agent. Bail bonding agents are not needed to provide you a consent of surety. (If you can't get a consent of surety, you might be required to post a new bond.)You might require a consent of surety for a Bond Reinstatement - If you have failed to seem in court when needed, the bond might be void unless you obtain a consent; or to get a Bond Continuance If you are convicted, plead guilty, nolo contendere, or there is an order of deferred prosecution or deferred judgment, your bond will automatically expire unless you acquire a consent of surety for the look bond to continue until your sentencing date.
13. THE BONDING AGENT GAVE ME A CONSENT OF SURETY BUT CHARGED A FEE TO Stay ON MY BOND. IS THIS LEGAL? No. Bonding agents aren't allowed to charge a consent fee to stay on a bail bond.
14. I CO-SIGNED For a BAIL BOND And also the DEFENDANT MISSED COURT. DO I AUTOMATICALLY Need to Spend THE Amount Of the BOND Towards the BAIL BONDING AGENT? Courts usually permit a brief time period prior to judgment on the bond is entered. It's in your best interest to instantly contact the bail bonding agent and help in having the defendant seem in court prior to judgment is entered. When the bail bonding agent has to locate and arrest the defendant, you may be responsible for related fees and costs. Surrendering the defendant may keep you from having to spend the full amount of a forfeited bond.
15. Is a BAIL BONDING AGENT AUTHORIZED TO ARREST A DEFENDANT? Yes The defendant is obligated by the bail agreement to appear when needed by the court. The bail bonding agent is authorized by contract to use reasonable force to apprehend and return the defendant to custody.
16. DOES THE BAIL BONDING AGENT HAVE THE Power TO REVOKE MY BOND? Yes The bail bonding agent might revoke a bond for almost any reason.
17. CAN I GET MY Money BACK If the BOND IS REVOKED BY MY AGENT Perhaps. Only the court has the authority to order the bonding agent to return the premium. Youwill need to ask the court to order the refund of premium. ('16-4-108(1)(c), C.R.S.)
18. CAN I LEAVE COLORADO Whilst I am OUT ON BAIL? No, unless you receive permission from the court and also the bonding agent. It depends on the terms of the bond set by the court and on your agreement with the bonding agent. You will probably need the court’s approval and a Consent of Surety.
19. DO I have TO NOTIFY THE COURT OF A Alter IN MY ADDRESS? Yes. Most appearance bond types include a standard condition that demands you to notify the court immediately if you change your residence or address.
20. What is "COLLATERAL?" Collateral" is really a deposit of cash or property to protect the bail bonding agent from loss if the defendant fails to seem and also the bond is forfeited. Collateral can come from the defendant, or from buddies and family, who are recognized as "co-signers" or "indemnitors." A written contract must be signed when the collateral is taken and the bail bonding agent should offer a receipt. The bail bonding agent has a correct to use collateral to pay forfeitures and the costs of apprehending and returning the defendant to custody.
21. HOW DO I GET COLLATERAL BACK? You have to visit the court where the bond was posted and get a "bond release" or "certificate of discharge" which must be given to the bail bonding agent. The bonding agent then has ten (ten) operating days, not which includes weekends and holidays, to return your collateral.
22. CAN I BE CHARGED FOR STORAGE OF MY COLLATERAL? Yes, but you are able to only be charged if the collateral was stored inside a public storage facility. You're only liable for the actual storage charges charged towards the bonding agent. The bonding agent is required to inform you of the storage fees you'll be charged at the time the contract is negotiated. (Keep in mind, the agent should provide you with a receipt for the collateral.)
23. DO BONDING AGENTS ACCEPT CREDIT CARDS? Yes. Bonding agents generally accept credit cards. You might have the ability to charge the premium for your appearance bond and all essential collateral on your credit card.
24. HOW CAN I MAKE INSTALLMENT PREMIUM PAYMENTS? The bonding agent may or may not negotiate a premium installment payment strategy with you. If a plan is arranged it must be in writing and must state the amount to be paid and when the payments are due.
25. When the COURT DISMISSED THE CHARGES, CAN I GET MY Cash BACK? Perhaps. If the charges are dismissed inside ten (10) operating days, a court may, after a hearing, order bail bonding agent to return some of the premium. ('16-4-108 (1.5), C.R.S.)
26. I'm Becoming CHARGED BOUNTY HUNTING Fees. IS THIS LEGAL?
Perhaps. Read the bail agreement carefully to see what bounty hunting fee(s) you have agreed to pay. It's always a good concept to ask for a statement from the costs incurred.
27. HOW DO I GET A RECEIPT OR COPY OF MY BAIL CONTRACT?
Get in touch with the bonding agent and request copies of the documents you need. If you are unable to get copies, call the insurance coverage business on your bond. If you nonetheless do not obtain the documents, call the Division of Insurance.
28. I Can't Find THE BONDING AGENT WHO WROTE MY BOND. HOW CAN I Contact THE AGENT? If you know the bonding agent’s name, call Assessment Systems, Inc. (ASI) at 1-800-275-8247 to obtain an address and telephone number. In the event you do not have the agent’s name, you must get in touch with the court clerk who can get the info from the appearance bond.
29. HOW Long DOES THE BONDING AGENT Need to WRITE MY BOND?
The bond should be posted within 24 hours of receipt of full payment or a signed contract for payment. If the bond isn't posted, all moneys, premium and collateral must be refunded, and all liens released, inside 48 hours of receipt.
30. THE BAIL BONDING AGENT TOOK MY Money BUT DIDN ’T POST THE BOND. WHAT Should I DO? Contact the bail bonding agent and also the insurance business and request the return of your money. If you do not obtain a prompt refund, get in touch with the Division of Insurance coverage.
31. THE BONDING AGENT POSTED BOND, However the DEFENDANT Didn't GET OUT OF JAIL. WHAT CAN I DO? When the bond was posted, the bonding agent acted properly. However, another court or law enforcement agency may possess a "hold" of some type on the defendant. Only the court has the authority to order the bonding agent to return the premium. You'll have to present your request towards the court and request the court consider the refund of premium. ('16-4-108 (1.5), C.R.S.)
32. What's THE Cost For a BAIL BOND POSTED BY A BONDING AGENT? The bonding agent may charge up to 15% of the quantity from the bond. For instance, if your bond amount is $1,000 the bonding agent may charge you a fee ("premium") of up to $150 plus actual filing charges charged by the jail. However the bondsman might also discount the rate, tipically to ten %.
33. THE BAIL BONDING AGENT TOOK MY Money BUT DIDN ’T POST THE BOND. WHAT Should I DO? Contact the bail bonding agent and also the insurance business and request the return of your money. If you do not obtain a prompt refund, get in touch with the Division of Insurance coverage.
34. THE BONDING AGENT POSTED BOND, However the DEFENDANT Didn't GET OUT OF JAIL. WHAT CAN I DO? When the bond was posted, the bonding agent acted properly. However, another court or law enforcement agency may possess a "hold" of some type on the defendant. Only the court has the authority to order the bonding agent to return the premium. You'll have to present your request towards the court and request the court consider the refund of premium. ('16-4-108 (1.5), C.R.S.)
35. What's THE Cost For a BAIL BOND POSTED BY A BONDING AGENT? The bonding agent may charge up to 15% of the quantity from the bond. For instance, if your bond amount is $1,000 the bonding agent may charge you a fee ("premium") of up to $150 plus actual filing charges charged by the jail. However the bondsman might also discount the rate, typically to 10 percent.