FAQs

A property bond may only be obtained from a court. If the court permits, a defendant may be allowed to deposit cash or other valuable property to be held by the clerk as a guarantee that the defendant will appear as required. Some jurisdictions allow property bonds guaranteed by a pledge of unencumbered equity in Colorado real estate. Other courts do not allow real estate to be used as a property bond. Requirements and procedures for property bonds vary between jurisdictions.

A personal recognizance bond, when authorized by a court, permits release from custody on the defendant’s personal recognizance, which is a promise to appear as required by a court. It is not necessary to deposit money with the court. Failure to appear will result in the issuance of an arrest warrant. The district attorney must consent to a defendant’s release on personal recognizance bond in any case involving: Felony charges Class I misdemeanor charges Defendant’s prior conviction of a felony within the last 5 years Defendant’s prior conviction of a Class I misdemeanor within the last 2 years, or defendant’s previous

All bail bonds are appearance bonds. Appearance bonds can be posted by a personal bail bonding agent. Personal recognizance bonds and property bonds are obtained from a court.

The amount and type of bail are fixed by the judge at the first appearance before the court. A court will consider the defendant’s individual circumstances when the amount of bail is set. The bail amount must be sufficient to ensure that the defendant will appear for all scheduled proceedings. A court must also consider the safety of the community, the seriousness of the alleged crime and the defendant’s record.

Yes, for most offenses except murder and certain violent felonies.

Bail is an amount of money or property that is deposited with a court by a person who has been charged with a crime. A defendant who has been arrested for a crime will usually be held in custody until some form of bail has been posted. Bail is the defendant’s guarantee to be present at all court proceedings.