Law & Legal & Attorney Criminal Law & procedure

When can a Judge Modify my Bond in a Colorado Criminal Case?

A Judge in Colorado cannot modify a bond on a whim.  The modification must be initiated by the Defense or the Prosecutor and typically happens when there is a change in the defendant's circumstances or when the defendant has failed to meet one of his conditions of the bond (such as failing to check in with a pre-trial services officer.  When something positive has happened in the defendant's life or the conditions of the bond are too onerous, the Defense will typically file a motion to reconsider the bond and will list the reasons why the bond should be lowered.  The court looks for issues that were not initially argued that justify a lower bond or a change in the conditions of the bond.  For example, if one of the conditions was to avoid alcohol establishments but the defendant received a job offer at a bar, the judge may consider modifying the conditions so that the defendant can go into the alcohol establishment for work purposes only.

Alternatively, the Prosecutor may file a motion asking that the bond be reconsidered.  In that case, the prosecutor will argue that the bond should be increased or that additional conditions should be imposed on the Defendant. 

Additionally, failure by the Defendant to meet his conditions of the bond can cause the court to consider motions to revoke.  For example, if you are told to meet with your Pre-Trial Supervisor and you fail to do so, you may have your bond revoked.

If your bond is revoked, a warrant will issue and you will have to post a new bond, then appear in court so that the judge can determine how to sanction you for your violation.

In a more serious situation, if you fail to appear for a court date, the court shall declare a forfeiture of the bond.  The failure of a defendant to appear for his court date is the only situation where a forfeiture occurs.  If you fail to appear, you will receive a notice in the mail of the forfeiture and you will be required to appear in 30 days.  If you do not appear, a judgment will be entered against you for the amount of the bond as well as the court costs.  Additionally, if you do turn yourself in, or appear within a one year, the court may, at its discretion, set aside the forfeiture.  In that situation, you will only have to pay the actual court costs incurred by your failure to appear. 

If you missed a court date or failed to satisfy one of your conditions of release, you need to contact the best Colorado Criminal Defense Attorney available to you as soon as possible so that you can discuss your options.

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