Dan Murphy
By: Dan Murphy

What Is Bail?

  • Criminal Defense

If your loved one has been arrested, get in touch with a Denver criminal defense attorney immediately, and learn how bail can be posted. The person is very likely eligible for bail. The only condition is that you post the required amount that has been set for bail. That amount can be posted by a family member. In the absence of a family member, a friend can do the needful.

The bail amount is typically linked to the severity of the charges filed against the person, and is meant to serve as security that the person will return to court later when he is required to for legal proceedings. Apart from the severity of the charges against the person, judges may consider a number of other factors, including the weight of the evidence against the person, criminal history, character, and financial circumstances. Bail also allows the person to begin to prepare his legal defense to the charges against him.

If your loved one has been arrested on any charge, get in touch with a Denver criminal defense lawyer immediately. In most cases, your loved one will be eligible for bail, which must be posted as quickly as possible. Speak to a Denver criminal defense lawyer, and start bail procedures immediately.

Can You Be Denied Bail?

Defendants are typically entitled to bail, however in some cases, the federal courts can deny the right to bail if the defendant presents a danger to the community. For example, if the court believes that the defendant may harm the victim, an informant or a witness if he or she is released on bail, then the court can decide to hold the defendant without bail, which is known as pretrial detention or preventive detention.

Under the Bail Reform Act of 1984, some offenses may indicate that a defendant is dangerous to the community and may be held without bail, including:

  • Violent crimes
  • Crimes which warrant a death or life in prison sentence
  • Repeat offenders in felony cases
  • Felonies which involve minors, possession of weapons or the failure to register as a sex offender. Even if these crimes are not violent, they can be enough to hold a defendant without bail.
  • Drug charges were the sentence could be 10 years or more in prison

Basically, the more severe the crime is or the more crimes that the defendant has committed, the more likely that the defendant will be looked at as dangerous in the eyes of the federal courts.

Many state courts also consider others’ personal safety when making a decision about bail, however denying bail is mainly done in federal courts. If you have been denied bail, speak to a Denver domestic violence attorney immediately.

How to Post Bail

Under Colorado law, almost all crimes, except the most serious or violent crimes, will be eligible for bail. Once you have been arrested, the court will decide to set a bail amount in your case, and if you post the bail amount, you will be released. Bail is basically meant to ensure that you will return to the court at a future date in order to participate in the legal proceedings against you.

There are some factors that the court will consider when it decides to set a bail amount. For instance, if you have been accused of a very serious crime, or violent crime, a higher bail mount may be set in your case. The bail amount for such crimes may be very high, making it difficult for family members to post the bail money.

If the judge believes that you are a flight risk, or that you may flee town, then he may set a much higher bail. Besides, the judge will also consider your connections to the local community. If your community ties are so strong that the judge does not believe that you are at risk of fleeing in order to avoid appearing in court at future date, then he may set a lower bail amount.

The court may also require a secured bond if it does not believe that you will stay out of trouble while out of jail. In other words, if the court believes that you are a flight risk or a risk to the community at large, it may decide on a secured bond. In order to post a secured bond, you must either post the bail amount with the court, or hire a bondsman to post the money, or pledge real estate or property as collateral.

For help posting bail after an arrest, speak to a Denver DUI defense attorney immediately.

Why You Need a Lawyer at Your Bail Hearing

Research indicates that when a defendant is represented by a lawyer at the bail hearing, he is two- and- a- half times more likely to be released on recognizance. Being released on your own recognizance means that the judge will simply agree to release you, on the basis of a written agreement in which you will promise to appear at a future date for a hearing. Not everyone qualifies for an own recognizance release.

Research also indicates that a defendant with a lawyer is four- and- a- half times more likely to have the bail amount significantly reduced. A defendant like this also ends up serving much less time in jail, with the median number of days in jail reduced to just 2 from 9, compared to someone who is not represented by a lawyer.

Overall, you as a defendant who is represented by a Denver criminal defense lawyer are much more likely to feel a sense of fairness about the entire process. When you represent yourself, you are much more likely to have your rights compromised because you are not aware of your rights, as extensively as a lawyer is. You are therefore likely to get frustrated with the system, and that only impacts your defense.

A Denver criminal defense lawyer, on the other hand, will have complete and extensive knowledge of the Colorado Bail Statutes, as well as constitutional provisions regarding bond and pretrial release.

Dan Murphy
By: Dan Murphy

Denver criminal defense lawyer Daniel M. Murphy provides clients in the Denver area with aggressive and sympathetic legal representation. He graduated from the University of Denver Law School in 1994 and worked as a public defender before starting his own practice in 1996. He has defended clients accused of the most difficult criminal and alcohol-related charges. He also serves as a Moot Court Judge for Denver-area law students who rely on his mentorship.