How to Get Someone Out of Jail in Colorado

If a loved one has been arrested, one of the first priorities is finding a way to get them released from jail as quickly as possible. Understanding the bail and bond process in Colorado is essential to navigate this often stressful situation. This blog will explain how to bond someone out of jail, the types of bonds available (including cash, surety, and property bonds), whether some bonds are cash-only, and what a personal recognizance (PR) bond entails.

How to Bond Someone Out of Jail

When someone is arrested in Colorado, they are typically held in jail until they can post bond or bail. Bond allows the individual to be released from custody while ensuring that they will appear in court for their scheduled hearings.

Here are the steps to bond someone out of jail:

1. Determine the Bond Amount:

• After an arrest, a judge or magistrate will set the bond amount based on factors like the severity of the charges, the defendant’s criminal history, and their ties to the community.
• The bond amount may be set at the initial court appearance (often referred to as an arraignment) or by a pre-set bail schedule.

2. Contact the Jail:

• Call the jail or detention center where your loved one is being held to confirm the bond amount, payment options, and acceptable forms of bond (cash, surety, or property).

3. Pay the Bond:

• Depending on the bond type, you can pay with cash, use a bondsman, or secure the bond with property. We will discuss each type in detail below.

4. Complete the Paperwork:

• Once the bond is paid or secured, you will need to fill out the necessary paperwork to finalize the release.

5. Release from Custody:

• After the bond is processed, the defendant will be released, usually within a few hours.

Types of Bonds in Colorado

There are several types of bonds that can be used to secure someone’s release from jail. The type of bond allowed will depend on the specific circumstances of the case and the judge’s orders.

1. Cash Bonds

A cash bond requires the full bond amount to be paid in cash (or by certified funds such as a money order or cashier’s check). Once the case is concluded and the defendant has appeared for all court dates, the bond is refunded, minus any court fees or fines.

• Example: If the bond is set at $2,000, you must pay the full $2,000 to secure the defendant’s release.
• Cash bonds are straightforward but can be challenging for those who do not have immediate access to large sums of money.

2. Surety Bonds

A surety bond involves working with a licensed bail bondsman who posts the bond on your behalf. In exchange, you pay the bondsman a non-refundable fee (usually 8-15% of the bond amount).

• The bondsman acts as a guarantor, ensuring the defendant appears in court.
• If the defendant fails to appear, the bondsman may hire a bounty hunter to locate them and bring them back to custody.
• Example: If the bond is set at $5,000, you would pay the bondsman $500 to $750 as a fee. You don’t get this money back at the end of the case.

3. Property Bonds

A property bond allows you to use real estate as collateral to secure the defendant’s release. The value of the property must generally be at least equal to the bond amount, and you must provide proof of ownership, such as a property deed.

• If the defendant fails to appear in court, the court can place a lien on the property or even foreclose to cover the bond amount.
• Property bonds can take longer to process because they require an assessment of the property’s value and ownership documentation.

4. Cash-Only Bonds

In some cases, a judge may require a cash-only bond, meaning you cannot use a bondsman or property to secure the bond. This typically occurs when the court has concerns about the defendant’s reliability, such as prior failures to appear in court.

• Example: If the bond is set at $1,000 cash-only, you must pay the full $1,000 in cash or certified funds. No other bond options are allowed. This money can be returned at the end of a case. It can also be used towards fines, fees and court costs .

What Is a Personal Recognizance (PR) Bond?

A Personal Recognizance (PR) Bond is a type of bond that does not require any payment upfront. Instead, the defendant is released based on their promise to appear in court and comply with any conditions set by the judge.

PR bonds are typically granted in cases involving:

• Non-violent offenses
• Defendants with no significant criminal history
• Defendants who pose minimal flight risk

To qualify for a PR bond, the defendant must:

• Demonstrate strong ties to the community (e.g., stable employment, family connections).
• Convince the court that they are unlikely to miss future court appearances.

If the defendant fails to appear in court, the PR bond can be revoked, and additional charges for failure to appear may be filed.

How to Bond Someone Out Without Money

If you do not have money to post bail, there are still options to secure the release of a loved one:

1. Request a PR Bond:

• During the defendant’s initial court appearance, the attorney can request a PR bond.
• Provide evidence of strong community ties, employment, and other factors that show the defendant is not a flight risk.

2. Use a Bail Bondsman:

• Even if you do not have the full bond amount, you may be able to afford the bondsman’s fee (typically 8-15%).
• Some bondsmen offer payment plans or financing options for their fees. This will typically require some money, but not nearly as much as a cash bond.

3. Property Bond:

• If you own real estate, you can use it to secure a property bond instead of paying cash.

4. Seek Legal Representation:

• An experienced criminal defense attorney can argue for a bond reduction or a PR bond during a bond hearing.
• Bond amounts are not set in stone, and judges have the discretion to adjust them based on the defendant’s circumstances.

5. Bond Reduction Hearing:

• If the initial bond is unaffordable, your attorney can request a bond reduction hearing to argue for a lower amount.

El Paso County Jail Information

If your loved one is in custody, you can verify their location using the El Paso County Sheriff’s Office Inmate Locator tool: El Paso County Inmate Locator.

For bonding and visitation information, you can contact the Criminal Justice Center (CJC) in Colorado Springs:

• Address: 2739 E. Las Vegas Street, Colorado Springs, CO 80906
• Phone: (719) 390-2000

The post How to Get Someone Out of Jail in Colorado first appeared on McDowell Law Firm.

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