Bail, Bonds & Pretrial Release in Colorado

Getting out of jail quickly is usually the single most urgent concern after an arrest — it affects your job, your family, and your ability to actually help build your defense. Colorado law gives judges broad discretion in setting bond, which means the type of bond, the amount, and any conditions attached to it can vary enormously depending on how the case is presented at the very first hearing.

If you or a loved one has just been arrested anywhere in the Denver metro area, Mile High Legal can appear quickly at a bond hearing, push for the least restrictive conditions the law allows, and move to modify an unreasonable bond that has already been set.

How Bail and Bond Decisions Are Made in Colorado

Under C.R.S. § 16-4-103, at a person’s first appearance in custody, the court must determine the type of bond and any conditions of release. The law presumes everyone in custody is eligible for release on the least restrictive conditions necessary, and requires that any monetary condition be reasonable and tailored to the individual — not just based on the level of the offense charged. Courts are directed to use an empirically developed risk assessment tool where available, rather than a flat bond schedule tied only to the charge.

In setting the type of bond and any conditions, the court may consider: employment status and history; family relationships; past and present residences; character and reputation; who will help ensure the person appears in court; the likely sentence if convicted; prior criminal record and any history of missed court dates; any indication the person might reoffend if released without conditions; any indication of witness intimidation; and any other evidence of strong ties to the community.

Source: C.R.S. § 16-4-103, as of January 2025.

Types of Bond in Colorado

• Personal recognizance (PR) bond — release on a signed promise to appear, with no money required upfront.
• Cash or surety bond — release conditioned on posting a set cash amount directly with the court, or through a licensed bail bond agent for a non-refundable fee (typically a percentage of the total bond).
• Property bond — real property pledged as collateral in place of cash.
• Conditions of release — regardless of bond type, courts frequently attach conditions such as no-contact orders, pretrial supervision check-ins, electronic monitoring, substance testing, or travel restrictions.

Can a Bond Be Reduced or Modified After It’s Set?

Yes. If a bond was set too high at the first appearance — often without defense counsel present to advocate for the person — an attorney can file a motion to reduce bond or modify its conditions. This is one of the most time-sensitive things a defense attorney does, because every extra day in custody on an unaffordable bond can mean a lost job, missed childcare, or pressure to take a plea deal just to get out.

What Happens If Bond Conditions Are Violated

Violating a condition of bond — missing a check-in, failing a drug test, or having contact with a protected party — can result in the bond being revoked and the person taken back into custody, in addition to any new charges the violation itself might create. Judges and prosecutors often treat a bond violation as a sign the original release conditions weren’t respected, which can make it significantly harder to get released again.

Failing to Appear Is Its Own Separate Crime

Beyond revocation, knowingly failing to appear while out on bond with the intent to avoid prosecution is a separate criminal offense under C.R.S. § 18-8-212, not just a reason the court can revoke release. A few important limits apply: the prosecution must prove the defendant had actual knowledge of the specific bond condition at issue, not merely that they should have known about it (People v. Donald, 2020 CO 24, 461 P.3d 4), and that the bond’s terms were genuinely still in effect at the time of the alleged violation (People v. Luna, 2013 COA 67, 410 P.3d 475). The law also bars bringing this charge against someone who, under C.R.S. § 16-4-113(2), could not have had a monetary bond condition imposed in the first place because of the low level of the original offense.

Why Choose Mile High Legal

Grant Grosgebauer and the team at Mile High Legal move quickly on bond matters across the Denver metro area, because we know how much is riding on getting someone out of custody fast and under fair conditions. We regularly appear at first-appearance hearings and file bond reduction motions when a client has already been set an unreasonable bond.