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When Bail or Bond is NOT Available in Colorado

Posted by Terry O'Malley | Jul 08, 2014 | 0 Comments

Colorado law normally provides that individuals can get bail or a bond and stay out of jail both following a conviction, pending sentencing or an appeal. C.R.S. 16-4-101.  However, this privilege changes with a few types of crimes based solely on political considerations in Arapahoe and Douglas County.  Here is the list of crimes which do not get a bail or bond following a conviction, and until sentencing or during an appeal.

Crimes Which Do Not Get Bail or Bond

  • Murder
  • Any felony sexual assault involving a deadly weapon
  • Any felony sexual assault committed against a child who is under fifteen years of age
  • A crime of violence
  • Any felony committed using a firearm
  • The crime of Possession of a Weapon by a Previous Offender in certain circumstances
  • Felony Child Abuse in certain circumstances

In other types of cases, the court may not set bond following a conviction unless the court finds:

  • The person is unlikely to flee and does not pose a danger to the safety of any person or the community; and
  • The appeal is not frivolous or is not pursued for the purpose of delay.

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Real Life Examples of This Law's Unintended Consequences

An absurd result often occurs under this law.  A defendant is convicted in Adams or Jefferson County of a nonmadatory prison felony on the list above – take Sexual Assault on a Child, for example.  Next, he spends 6-8 weeks in the county jail awaiting sentencing.  As a result, he loses the job he has held for years.  At sentencing, the judge sentences him to work release or probation, finding that prison is not necessary.  Since the defendant has lost his job, he no longer qualifies for work release and must serve straight jail time.  In other cases, since he has lost his job, he can't succeed on Sex Offender Intensive Supervised Probation (SOISP) in Arvada or Lakewood, because he can't pay his bills related to treatment and a required new residence.  He is set up to fail.

How Prison Time Can be Served by an Innocent Man

We recently had a case where our client appealed his Sexual Assault on a Child, Position of Trust, conviction.  He was required to spend nearly two years in DOC (prison) before his conviction was overturned by the Colorado One of our clients was falsely accused, and spent time in prison before his conviction was overturned. Is this justice?Supreme Court.  If he had stolen some money or assaulted someone, he would have been out on bond and not had to spend any time in prison.  Why is it that when an innocent man is convicted of a crime involving a child and sex, he has to go to prison?  Due process rights under our federal and Colorado constitutions provides that a person is entitled to appeal their case so they are not wrongfully convicted and punished.  In our case, the defendant was punished even though he was later found to be improperly convicted.

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Call us for a free consultation at 303-830-0880 concerning your nonbailable or nonbondable offense in Denver County or anywhere else in Colorado.  We are here for you.  Together, we can protect your future.Request a Free Consultation

Images courtesy of stockimages / FreeDigitalPhotos.net

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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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