Colorado Motion to Release Defendant and Set Reasonable Bail

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A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

Keywords: Colorado, motion to release defendant, set reasonable bail, types In the state of Colorado, a motion to release defendant and set reasonable bail is an important legal document that is filed by the defense attorney or defendant in order to request the court to release the defendant from custody and to set a reasonable bail amount. This motion serves to protect the defendant's rights and ensure a fair legal process. The primary purpose of a motion to release defendant and set reasonable bail is to provide the defendant with an opportunity to be temporarily released from custody while awaiting trial. This motion recognizes that pretrial detention can have severe consequences for defendants, such as loss of employment, separation from family, and hindered ability to contribute to their own defense. Colorado's law recognizes different types of motions to release defendant and set reasonable bail, each with specific considerations and conditions. Here are some of the key types: 1. Standard Motion for Release and Reasonable Bail: This type of motion is typically filed in routine cases where the defendant poses minimal flight risk or danger to the community. It argues that the defendant should be released from custody based on factors such as strong community ties, lack of criminal history, or strong defense prospects. 2. Motion for Release and Reasonable Bail in Extraordinary Circumstances: In certain cases where the circumstances are unusual or exceptional, a motion can be filed under this category. It may involve factors like severe health conditions, becoming the sole caregiver for dependents, or the existence of substantial evidence supporting the defendant's innocence. 3. Motion for Release and Reasonable Bail with Electronic Monitoring: In cases where the court may have concerns about flight risk or public safety, a motion can be filed requesting release with the use of electronic monitoring. This allows the court to have additional assurance by monitoring the defendant's movements and activities. 4. Motion for Release and Reasonable Bail with Conditions: Sometimes, a motion may propose specific conditions to be imposed on the defendant upon release as a way to address any potential risks associated with release. Such conditions could include surrendering travel documents, regular check-ins with pretrial services, mandatory counseling or treatment programs, or restricted contact with certain individuals. In conclusion, a motion to release defendant and set reasonable bail in Colorado is a crucial legal tool used to secure the release of a defendant from custody while providing the court with reassurance regarding potential risks. Various types of motions exist to address specific circumstances and concerns, ensuring that the defendant's rights are protected while respecting public safety.

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FAQ

The bail bonds company will charge a fee, usually 10% to 15% of the bond amount and may require a security interest in a vehicle or property. The bail bonds company will arrange for the release of the defendant. Your Colorado criminal defense attorney can represent you during your initial hearing.

Cash bail is paid directly to the court. The money will be returned minus any court fees and fines if the defendant appears at all court dates. If the defendant does not attend court, the bail money is forfeited.

Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole). A history of missed court appearances also reduced the likelihood that a defendant would be released.

Under Colorado Rule 35(b), a motion for reconsideration is when defendants who have been convicted of and sentenced for a crime ask the court to lessen the sentence. (The motion is often called a ?Rule 35b motion? or just a ?35b motion?).

The primary purpose of bail is to ensure that the defendant appears for trial. A bond is an agreement between the defendant and the court under which the defendant agrees to comply with all of the conditions of release and to pay the bail amount if he or she does not appear in court.

The act requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on April 1, 2022. Under current law, a person is allowed to post bond within 2 hours after the sheriff receives the bond information.

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

The act requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on April 1, 2022. Under current law, a person is allowed to post bond within 2 hours after the sheriff receives the bond information.

More info

Sep 1, 2015 — interfere with the defendant's right to file a motion for bond reduction or change in bond conditions ... set a reasonable bail in accordance with ... When release on personal recognizance is not appropriate reasonably to ensure the ... Seven days after a secured bond is ordered, Defendants may file a motion for ...MOTION TO RELEASE DEFENDANT AND SET REASONABLE BAIL. TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES YOUR DEFENDANT in the captioned cause, and moves the ... Description Motion Court Form Blank. A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an ... ... reasonable bail in order to assure defendant's presence at the trial. The ... the court grants the defendant's motion for admission to bail pursuant to C.R.S. ... If the defendant is taken before a court which did not issue the arrest warrant, the court shall inform the defendant of the matters set out in subsection (a)(2 ... The bond commissioner authority to release a defendant from custody on a bail bond is ... reasonably assure court appearance, the judicial officer may set a bail. ... set reasonable bail in compliance with the Colorado constitution and the eighth amendment of the ... defendant has the right to petition for reduction of bail or ... The Colorado Constitution guarantees the right of persons arrested to have bond set—the ... This does not mean a defendant has the right to be released on bond ... by TR Schnacke · Cited by 2 — that the court would release the defendant without requiring a bail bond [i.e., release on the defendant's own recognizance].” Wayne H.

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Colorado Motion to Release Defendant and Set Reasonable Bail