Bail has a simple definition, a person simply paying the court to be released from jail until their court date, but the reality is often far more complicated. Gaining that temporary freedom requires more than just handing money over, it’s a complex legal process. If you’re facing charges that require bail bonds in Colorado, then consider this your definitive guide.
Understanding the Bail Bond
Bail bonds are multi-faceted. There are different types of bail to consider and different documents required for each. There have also been bail changes in Colorado, making it all the more important to hire a skilled legal professional if you’re interested in expediting your release prior to court. Regardless, understanding the varying types of bail is in your best interest.
Release on Citation
A Release on Citation, also known as a Cite Out, allows you to head home at the time of your arrest. This requires the officer to create a written notice stating that you must appear in court on a scheduled date. If you’ve ever received a minor traffic violation, you’ve more than likely been given a Release on Citation.
If a judge considers you even a moderate flight risk, then a Cash Bond is often issued. You could choose to pay bail or wait in jail until your court date. The point of a Cash Bond is to ensure you will show up to court on the correct date, using cash as the incentive. You, a family member, or a friend can pay this bond in the form of cash, check, debit card, or credit card.
A Personal Recognizance can also be called an Own Recognizance. Unlike a Release on Citation, you’ll have to wait in jail until your arraignment when the judge sets a court date. After the arraignment, you’re free to go home but only under certain conditions.
The first condition is always a written notice, which you must sign, stating that you agree to show up in court on the given date. The judge will let you know if other conditions apply, such as an ankle bracelet. This form of bail is only offered on minor offenses when the defendant has a steady job, roots in their community, the support of family, or another personal circumstance showing they will not flee the law.
In this scenario, you would pay your bond through tangible property instead of cash. Real estate, your car, or other forms of collateral are often accepted. Some courts require that the property you use is equal to the bail amount, while others require that your property is worth double the amount of cash.
While you can use your assets, this is one of the most complicated forms of bail on the books. An excellent legal professional skilled in bonds like those at Moorhead Law Group is required, and you do run the risk of losing your property under several conditions. Speak with your attorney about this option first.
Bail Bonds, sometimes called Surety Bonds, is when you rely on a third party to pay bail. The third party is called a guarantor and can be family, a loved one, or an agent from a business that works in bonds. The guarantor assumes the legal responsibility of you showing up in court based on a contract you sign with them. You pay the guarantor a fee for the services, they pay your bail.
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