After someone is arrested, they have the right to appear before a judge and request bail, or a bond. This is an amount of cash that will vary depending on how serious the offense is and the suspect’s criminal history. If the person complies with his bond conditions and makes all of his/her Court appearances, the bond will be refunded.
It’s understandable why most people request bail: they may have jobs they need to get to, or children to care for, and can’t afford to wait in jail for their trial.
However, in some cases, bail will not be offered.
For instance, in the case of the Club Q shooting that took place in Colorado Springs in November of 2022, the suspect is charged with five counts of first degree murder. Since the offenses are so serious, he is not entitled to bond and will wait in jail until his hearing (and likely in isolation).
In other cases, the Court may find unusual circumstances justify a denial of bond or an exceedingly high bond. By way of example, if someone is the owner of a private plane, they may not be entitled to bond because they are considered a flight risk.
Cash Bond, Property Bond, Surety Bond
The judge’s job in this situation is to set a bond that will assure the person will show up to Court when it’s time to hear their case. The Judge also want to insure that the public is safe. The amount of the bond will be specific to each situation.
There are several types of bonds:
- Cash Bond: This is pretty straightforward; if someone is able to pay the full amount of their bond outright, they’ll pay a cash bond.
- Property Bond: It’s also possible to pledge property, such as real estate, or something else that has an equal or greater value to the amount of the bond. The property will be held by the Court until all scheduled appearances are made.
- Surety Bond: This is when someone turns to a bail bondsman for help paying his/her bond. If the bond is $5,000, a bail bondsman will sign for the person, essentially telling the Court that he/she will pay if the suspect don’t show up. The bondsman will charge the client 10% of their bond fee. This is not refundable.
When a person is able to post bond for themself and the case is resolved, the judge will release the bond, and the accused will receive everything back. If he/she uses a bail bondsman, he/she keeps the 10% regardless of what happens.
These days, in an attempt to prevent people from incurring the fee associated with a bondsman, the Courts have set up a situation where a person can post 10% of their own bond instead of the full amount. This is only possible if the offense is less egregious.
Hire an Attorney for a Criminal Case
If you have been charged with a crime, it’s important to get professional guidance as you make your way through the Court system.
Call us today at 303-449-1873 to schedule a complimentary consultation and find out if Barre Sakol is the right representative for your case.