Colorado Motion to Release Defendant and Set Reasonable Bail

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US-02728BG
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Description

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.

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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.

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Colorado Motion to Release Defendant and Set Reasonable Bail