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.

Colorado attorney: why a lawyer is important for an administrative hearing

Although a DUI is not a felony in Colorado, punishment for a DUI can be very serious, which is why it is crucial to have a Colorado defense attorney represent you and protect your rights. Basically, the punishments resulting from a traffic violation can be broken into two categories: criminal punishments and administrative sanctions. Criminal punishments are delivered by the courts, while the Colorado Department of Motor Vehicles handles the administrative penalties. These administrative penalties are essentially the terms of your driver's license suspension.

Because the privilege to drive is considered a constitutional right, the DMV must give a hearing before taking it away. However, this hearing is not a fair fight. The sole decider and prosecutor are one and the same: a DMV employee. Needless to say, a driver's chances of winning and averting the administrative sanction and suspension are not very good. So why is it important to have a lawyer even at this stage of the process?

First, a lawyer can present some mitigating evidence and potentially argue for an alternative sanction. Even if it's impossible to win the case, a lawyer gives you the best chance of getting the least burdensome sanction possible.

More importantly, the administrative hearing acts as a sort of dry-run for the ultimate criminal trial. The DMV will present essentially all the evidence that will be presented in a trial. Your Colorado attorney can then use this intelligence to determine how the case can be attacked in the more impartial trial setting. Additionally, the DMV hearing serves to get all the witnesses on the record with a version of the events while it is relatively fresh in their minds. If they attempt to give another account at the criminal trial, the record from the administrative hearing can be introduced to damage their credibility and help win the case. So it's very important to hire a Denver defense lawyer before, and not after, your administrative hearing.