Posting Bond in Colorado

An arrest in Colorado raises an urgent question: how do you get out of jail? In most cases, release requires posting bond, which ensures you return to court and follow any conditions. Since rules vary by charge and county, it’s essential to understand how Colorado bond works.

The Difference Between Bail and Bond

Although “bail” and “bond” are often used interchangeably, they have different meanings. Bail is the amount of money the court sets for a defendant to be released from jail while their case is pending. It serves as an assurance to the court that the defendant will appear at all required court dates. 

A bond, however, is the method used to secure bail. In other words, bail is the dollar amount, and a bond is how that amount is paid or “posted” to allow the defendant to go home as their case goes through the judicial process.

All defendants are bailable in Colorado except in cases of first-degree murder. For first-degree murder cases, the defendant may file a written motion for bail, and the court must hold a hearing to determine whether the proof is evident or the presumption is great. The burden of proof lies with the prosecution to establish these elements. If the court finds that the prosecution has met this burden, bail may be denied. Additionally, if you are arrested because of a probation or parole violation, you can also be held in custody without bond. 

In Colorado, Bond must be set within 48 hours from the time you’re processed into jail after arrest. It is typically set at the first court appearance following an arrest, often called the “initial appearance” or “bond hearing.” In many cases, a judge will set a bail amount within a few hours of your arrest. If you are arrested during an active investigation, a judge will likely set your bond ahead of time. Domestic violence cases are the exception. 

Domestic Violence/Sex Offense Exception

There is a no-bond hold on cases charged as domestic violence (DV). Individuals facing criminal charges with a DV designation cannot post bail until they go before the court, which means bond in DV cases typically takes longer to order. This policy also applies to certain sex offense charges. 

If a defendant is eligible to be bailed out of jail, the judge will consider a number of factors when determining how high the bail will be set and what kind of bond will be required, including: 

• the severity of the alleged crime

• the defendant’s criminal history

• ties to the community

• employment

• prior failures to appear in court

The amount of bail often reflects the defendant’s risk to public safety or risk of fleeing if released. Additionally, the court may impose conditions on release, such as travel restrictions, GPS monitoring, or no-contact orders.

Colorado law allows judges to set bond in different forms, such as personal recognizance, cash, surety, and sometimes property.

Personal Recognizance Bond 

A personal recognizance bond, or PR bond, is secured solely by the defendant's promise to appear, without requiring monetary or property conditions. However, there are statutory limitations and conditions under which a PR bond may not be granted, such as a recent felony conviction.

Cash-Only Bond

A cash-only bond ensures a defendant’s appearance in court and protects the safety of individuals and the community. Under C.R.S. 16-4-104, a judge may require a cash-only bond if the court determines that no other form of bond will reasonably ensure compliance with court appearances or release conditions. Courts often impose this type of bond in higher-risk situations. This may include situations where the defendant has a history of missing court, poses a flight risk, or is awaiting extradition.

Colorado law also provides that cash deposits may be applied toward costs, fines, or restitution with the defendant’s written consent, making cash-only bonds both a safeguard for court compliance and a tool for addressing financial obligations in a case. C.R.S. 16-4-111

Surety Bond

You may want to contact a bonding company if you cannot pay the entire bond amount in cash. A bail bonds company acts as a surety, meaning they guarantee the full bond amount to the court on behalf of the defendant.

Costs of Using a Bail Bondsman

Every case is reviewed individually, and every bonding company has slightly different requirements. Typically, however, if a bonding company agrees to bond an arrestee out of jail, they will require a non-refundable fee of approximately 10% of the total amount of the bond set. For example, if an arrestee’s bond is set at $5,000, a bondsman will likely require a non-refundable payment of approximately $500. Even if the arrestee attends every court date, the bonding company will keep the non-refundable fee. 

Bond companies are free to add conditions to their bond contracts, including not permitting an arrestee to leave the state or requiring alcohol monitoring.

Property Bond

In some cases, a property bond—using real estate or other valuable property as collateral—may be required by a court or bonds company to secure a defendant’s release. This usually occurs in more serious cases, when the bond amount is high, or if the defendant has a history of missing court dates. Property bonds carry significant risk: if the defendant violates any bond conditions or fails to appear in court, the property used as collateral could be forfeited. 

Depending on the county, you may be able to bail someone out of jail online. Some Colorado county courts, like the Denver County Court’s jail bond out public portal, allow you or someone else to pay bond online. In Denver, for instance, a cash bond, a personal recognizance bond, and a surety bond are eligible to be posted online. 

Someone outside the facility where you are jailed, a friend or family member, can post a cash bond or money order directly at the jail. Remember that each facility has its own rules about accepted payment methods. Some jails may also charge a processing fee in addition to the bond to bail someone out. 

Do You Get Bond Money Back in Colorado?

Yes, bond payments can be returned. As long as the defendant attends all scheduled court dates, the full bond amount is refunded to the person who paid it—regardless of the case’s outcome. However, if the defendant misses a court date, the entire bond could be forfeited. 

When you are released on bond, the judge may set conditions to make sure you show up for court. These rules can include:

• travel limits

• no-contact orders

• regular check-ins with the court

• GPS monitoring

• alcohol and drug use restrictions

Breaking these conditions can lead to a bond revocation, re-arrest, and even additional charges. 

Posting bond is only the first step. What happens after your release can determine the outcome of your case. Our Colorado criminal defense attorneys can move quickly to protect your rights and begin preparing a strong defense. Book online with one of our criminal defense attorneys or call 303-688-0944 to set up a confidential case assessment.