Colorado judges take bail violations very seriously. If you defy any of the court’s orders for your release, the judge may revoke your bail and require you to remain in jail during your case.
There are many types of bail violations, such as:
- missing court (“failure to appear”),
- traveling outside the jurisdiction,
- consuming narcotics, or
- contacting victims or witnesses in the case.
The following graphic shows other potential bail violations.
In this article, our defense attorneys address the following topics:
1. Bail Conditions
When you are arrested for a crime in Colorado, the judge may let you remain out of custody during your case if you post bail and follow various conditions. Conditions everyone has to follow include:
- showing up for all future court appearances,
- avoiding any new arrests, and
- not tampering with any evidence or witnesses.
Depending on the seriousness of your case, the judge may also impose other conditions, such as:
- electronic monitoring,
- drug and alcohol monitoring,
- curfews,
- house arrest,
- not leaving the state or city,
- unannounced searches,
- random drug tests, and/or
- stay-away orders.
In some cases, the judge may impose bail conditions even if you are released on your own recognizance (O.R. release). This means you do not have to post any bail money at all.
The goal of every criminal defense attorney is to get their clients released on O.R. (or a low bail) with minimal bail conditions.
2. Penalties for Violations
If you are on bail for a felony charge in Colorado, knowingly missing court with the intent to avoid prosecution is a class 6 felony. This carries:
- 1 year to 18 months of jail time, and
- $1,000 to $100,000.
Meanwhile, intentionally missing a court hearing that victims or witnesses in your case appear at is a class 2 misdemeanor. This carries:
- Up to 120 days in jail and/or
- Up to $750.1
These penalties are in addition to any penalties you may be sentenced to for your underlying criminal charge. Even if your underlying criminal charge eventually gets dismissed, your record would still show a conviction for failing to appear.
Furthermore, violating any bail condition puts you at risk of the judge revoking your bail and remanding you into custody for the remainder of your criminal case. Judges have a great deal of discretion to grant and revoke bail: For minor infractions, the judge may give you a second chance to remain out on bail.
3. Defenses
Here at Colorado Legal Defense Group, we have represented countless people accused of bail violations. In our experience, the following three defenses have proven very effective with prosecutors and judges:
- The exact terms of bail were not properly explained or were ambiguous.
- Your behavior did not actually violate the terms of bail.
- The terms of bail are being misinterpreted by law enforcement.
CRS 18-8-212 makes it a crime to knowingly fail to “appear for trial or other proceedings” in your case.
Additional Resources
For more in-depth information, refer to these scholarly articles:
- Bail Reform in Colorado: A Presumption of Release – University of Colorado Law Review.
- Best Practices in Bond Setting: Colorado’s New Pretrial Bail Law – Center for Legal and Evidence-Based Practices.
- Beyond Bail – Florida Law Review article on alternatives to bail.
- Racial Bias in Bail Decisions – The Quarterly Journal of Economics.
- A Brief History of Bail – Judges Journal.
Legal References
- C. R. S. § 18-8-212.
(1) A person who is charged with any felony and is released on bond commits a class 6 felony if the person knowingly fails to appear in the felony case for which the person is on bond with the intent to avoid prosecution.
(2) A person who is released on bond and is charged with any felony or misdemeanor arising from the conduct for which the person was arrested commits a class 2 misdemeanor if the person intentionally fails to appear in the case for any proceedings for which victims or witnesses have appeared in court.
(3) The court shall sentence any person who is convicted of a misdemeanor offense in violation of section 18-6-803.5, or a felony offense in violation of section 18-8-704, 18-8-705, 18-8-706, or 18-8-707, involving a victim or witness in the underlying offense while on bond in the underlying case to imprisonment of not less than one year for violation of subsection (1) of this section and not less than six months for violation of subsection (2) of this section. The court shall order the sentence to be served consecutively with any sentence for the offense on which the person is on bail if the underlying sentence is a sentence to incarceration.
(3.5) A person who is on bond for a sex offense as defined in section 18-1.3-1003 who is convicted under this section for a bond violation shall not be eligible for probation or a suspended sentence and shall be sentenced to imprisonment of not less than one year. Any such sentence shall be served consecutively with any sentence for the offense on which the person is on bail.
(4) A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the bond is located, if such court is within this state.
(5) A violation of bond appearance conditions shall not be brought against any person subject to the provisions of section 16-4-113 (2).Prior to March 1, 2022, violating CRS 18-8-212(2) was a class 3 misdemeanor carrying up to 6 months in jail and/or $50 to $750. SB21-271.