Wednesday, May 18, 2011

Colorado criminal attorney/What is bail?

Essentially, bail is a deposit on your own person. After a person is arrested, he appears at a hearing with his Colorado criminal attorney where the judge sets bail. The judge takes a number of factors into account in setting bail. The first is the severity of the crime, and whether the defendant represents a flight risk. If the defendant is unlikely to show up at court, due either to a history of moving around or the severity of the crime, the bail will be higher. For very serious or more violent crimes, the judge may also consider whether the defendant presents a danger to society during the bail period. For more minor offenses like DUIs in Colorado, bail is typically around $1,000. Remember, this is a deposit, and refundable on appearance in court.

For small amounts of bail it is typically possible to simply front the money out of your checking account. However, in situations where bail is higher, a defendant may not be able to afford it. This is where the bail bondsman can help. In states like Colorado, where bail bondsmen are authorized, the defendant pays the bondsman 10% of the fee up-front. This is non-refundable, and the bondsman keeps it for providing the service. The defendant will also usually provide some collateral to ensure the bondsman gets his money back either way. The defendant signs a contract, and thereby essentially becomes property of the bond agency. To get the money back, the bond agency needs to make sure the defendant appears in court. That means they can break down doors, bribe people for information, and ultimately essentially kidnap the defendant to get him to the courthouse steps. All things considered, it's probably better just to go without being forced. That's not even to mention the bondsman is going to get paid anyway, either by repossessing collateral or shaking down a relative. So if you can, front the money so you don't lose the 10%. Otherwise, make sure to show up for court.

1 comment:

  1. Thanks for very interesting post.
    Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear)
    Criminal Defense Attorney Chicago

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