Being placed in custody after an arrest can be overwhelming. In Colorado, defendants often face days or even weeks in jail unless they are granted some form of pretrial release. Fortunately, Colorado law provides several options to help defendants secure release before their trial, ranging from personal recognizance bonds to supervised release conditions.
This article explains how pretrial detention in Colorado works, the different types of bail and release, and the factors a judge considers when determining whether an individual may be granted release before their day in court.
What Is Pretrial Detention?
Pretrial detention occurs when a defendant is held in jail before their trial. The purpose is not punishment, after all, there is a presumption of innocence until proven guilty, but rather to ensure the defendant appears at scheduled court appearances and does not pose an unreasonable risk to the community.
Whether a person is released depends on multiple factors, including the charges, criminal history, and the defendant’s ties to the community.
Pretrial Release Options in Colorado
Colorado provides several mechanisms for pretrial release, each with different conditions and requirements.
1. Personal Recognizance Bond
A personal recognizance bond (sometimes called “own recognizance”) allows a defendant to leave custody without posting cash or collateral. Instead, they sign a promise to attend all scheduled court dates and comply with any conditions set by the judge.
- Pros: No money is required up front.
- Cons: If the defendant fails to appear, they can be re-arrested and lose the privilege of recognizance.
2. Bail Bond
In many cases, a bail bond is required. The bail amount is set by the court to ensure the defendant’s appearance.
- If the defendant can pay the full bail amount in cash, they may be released directly.
- More commonly, defendants work with a bail bondsman who posts the bond in exchange for a fee (often 10–15% of the total bail).
If the defendant complies with all conditions and scheduled court dates, the bond is returned at the conclusion of the trial, minus fees. If they violate the terms or miss court appearances, the bond can be forfeited.
3. Reduced Bail or Modified Conditions
In some cases, a defense attorney may request reduced bail or a modification of conditions to make release possible. This might involve proposing pretrial supervision, electronic monitoring, or house arrest as alternatives.
4. Pretrial Supervision
Colorado courts often rely on pretrial services to manage defendants released before trial. Under this system, a pretrial officer is assigned to monitor compliance.
Conditions may include:
- Regular report check-ins with a pretrial officer
- Restrictions on alcohol or drugs
- Maintaining a verified residence
- Curfews or location restrictions
- Electronic monitoring in some cases
The pretrial services program aims to balance public safety with the defendant’s right to release.
How Judges Determine Release
A judge considers many factors when deciding whether to approve a form of pretrial release:
- Risk to public safety or flight risk
- The defendant’s history of court appearances
- Severity of the charges
- Strength of the evidence and potential penalties
- Defendant’s ties to the community, such as employment, family, and stable residence
- Past compliance with release conditions
In Denver and across Colorado, judges also rely on risk assessment tools compiled by pretrial services. These assessments help determine whether an individual should be held or released.
Conditions of Pretrial Release
When a defendant is granted release, the court may impose conditions to ensure safety and compliance. Common conditions include:
- No use of drugs or alcohol
- Remaining at a designated house or location
- Electronic monitoring (ankle bracelet)
- Avoiding contact with alleged victims
- Regular report requirements to a pretrial officer
- Employment or schooling obligations
Failure to comply with these conditions can result in the defendant being returned to custody.
The Role of Pretrial Services
Colorado’s pretrial services system plays a central role in pretrial release decisions. A pretrial officer often conducts an interview with the defendant, compiling a report on their history, ties to the community, and any potential risk factors.
The court then uses this information to determine what type of release may be appropriate. This process helps ensure that individuals are represented fairly, and that those who are unable to post cashbail still have a chance to return home before trial.
Why Pretrial Release Matters
Securing release before trial allows defendants to:
- Continue working and supporting their community
- Meet with their attorney to prepare their defense
- Fulfill family responsibilities at their residence
- Avoid the hardships of remaining in jail
Defendants who remain in custody often face significant disadvantages. They may be less able to assist in their defense, more likely to delay proceedings, and at greater risk of pleading guilty simply to get out sooner.
Tips for Defendants and Families
- Be Informed: Make sure you understand all release conditions.
- Stay Responsible: Keep track of all scheduled court dates to avoid missing an appearance.
- Verify Residence: Provide accurate housing information during your interview with pretrial services.
- Assist Your Attorney: Work closely with your lawyer to prepare a strong case.
- Comply Fully: Do not violate release terms, as doing so can result in losing your freedom until trial.
Get legal Help Now
Navigating pretrial detention in Colorado can be stressful, but understanding your rights and options can make the process easier. Whether through a personal recognizance bond, bail bond, or pretrial services program, many defendants have a chance at release before trial.
If you or a loved one has been placed in custody in Denver or anywhere in Colorado, don’t face the process alone. A defense attorney can help file the right motions, argue for reduced bail, and guide you through the pretrial services system.
Call Wolf Law today at 720-479-8574 to speak with an experienced lawyer about securing pretrial release and protecting your future.
