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Bail and Bond

By statute, all persons arrested for DUI or any misdemeanor can post bail. Many bonds are already set on a “bond schedule” which permits a defendant to be released on bail without first seeing a judge. Anyone in custody without a set bail has the right to see a judge and request that bail be set.

A “PR bond” (personal recognizance) simply requires the signature of a person and promise to appear, but does not require the posting of money or security. Sometimes PR Bonds require a co-signature of a person or persons other than the defendant.

The purpose of bail is not to punish a defendant, the hardship on the defendant should be minimal, and the bail cannot be excessive. Excessive bail is prohibited by the 8th Amendment to the Constitution. Bail is simply a vehicle to assure the defendant’s presence in court for trial.

The court may impose certain conditions on a defendant’s release on bail. Common conditions in a DUI case include: random breath analysis (BA’s), random urine analysis (UA’s), required permission from the court to leave the state of Colorado, no possession or consumption of alcohol and/or drugs without a prescription, no driving without a valid driver’s license, and no possession of firearms. Often times the court will appoint “pretrial services” to assist a defendant with monitored sobriety during the pendency of the case.

The following criteria are to be used by a judge to determine the amount of bail:

  1. the amount cannot be oppressive;
  2. if a fine is the only possible punishment, the amount of bail cannot exceed the possible fine;
  3. the defendant’s employment should be considered and his/her finances;
  4. prior criminal record should be considered and if previously released on bail, whether the defendant appeared as required;
  5. the type of offense which is currently charged, the likelihood of the sentence, and possibility of conviction;
  6. the defendant’s reputation and character;
  7. the defendant’s residential history;
  8. family ties to the community;
  9. others who will commit to helping the defendant appear as required;
  10. restrictions necessary to prevent violations of law while the defendant is released;
  11. concerns about the possibility of threatening, retaliation, intimidation, or harassing of witnesses while on release;
  12. any other facts that indicate the defendant has strong ties to the community and will appear as ordered;
  13. the court will also consider whether the defendant is charged with possessing or distributing controlled substances on or near school grounds; whether or not the defendant used a child to act as his agent in the drug trade.

The types of bond a court may require include personal recognizance, co-signed personal recognizance, a secured bond secured by cash, stocks and bonds, surety, or real estate.

If you or a loved one has been charged with DUI or any criminal offense in Colorado, he/she has a right to be represented at a bond hearing and every stage of the criminal process. Denver DUI Lawyer Monte Robbins today to discuss your options at 303-355-5148 or 970-301-5541.

Client Reviews
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy