Bond / Bail in a Fort Collins or Loveland criminal case is basically an agreement between the Larimer County Court and the defendant to appear for all court dates, or they will lose the sum of money. It’s a way for the Court to be assured that a person charged with a crime will appear for court. Often, we get calls from family members, whose loved one has been arrested and is currently waiting to go before a judge to have their bond set. We are happy to schedule a call to the jail to speak with the arrestee or visit them in custody and appear at their Bond Hearing to argue for a low/ no money type of bond. Recently, we had a family reach out and hire our firm to handle their loved one’s bond appearance (which generally occur at 1:30 p.m. the day after the arrest in Larimer County division 1A). Shortly before the Bond Hearing, our client’s family member called to tell us they had received a call and told that bond had been set for $1,500. We immediately looked into the case and it was still showing that no bond had been set. Thankfully, since we had been hired, the family chose to call us before moving forward on ‘paying the bond,’ but we are pretty convinced this was a scam. At the Bond Appearance, it was made clear that no bond had been set and we were able to get a bond where no money was required. It would have been terribly unfortunate for the family to pay, thinking they were getting their loved one out of custody, only to realize they were scammed.
Types of Bonds a Larimer County Judge Can Set in a Criminal Case
There are many difference kinds of bonds that a judge can choose. These bonds include:
- Personal Recognizance (PR)
- Personal Recognizance with a Monetary Condition
- Co-Signed Personal Recognizance
- Cash Only
- Cash / Surety / Property (CSP)
Let’s take a closer look at each of these types on bonds.
Personal Recognizance (PR) Bonds in Fort Collins
A personal recognizance (PR) bond is a bond where the defendant can sign themselves out of custody with a promise to appear at all court dates and comply with all other bond conditions, like checking in with Pre-Trial Services. Often, judges will set a monetary amount with the PR bond, like a $1,000 PR bond. Because it is still a personal recognizance bond, no money is due in order to be released, but if the defendant violates the bond conditions, then they will have to pay the $1,000. Another additional condition a judge can order is that the defendant has a co-signer sign the PR bond. This adds a level of protection, where a second person (like a family member or friend) can sign that they will be responsible for making sure the defendant appears for court dates or will be held responsible for the monetary portion.
Loveland Cash Only Bonds Set by County or District Court Judges
Another type of bond a judge in Fort Collins or Loveland Court can assign is a cash only bond. This type of bond is pretty self-explanatory – a defendant must pay the full amount owed in cash (or credit card in some jurisdictions) in order to be released. As long as the defendant appears for all court dates, the money will be returned at the conclusion of the case. Sometimes, we will argue for a lower cash bond instead of a Cash / Surety / Property (CSP) bond because if the client can afford it, they will get all their money returned. This is not the case with a surety bond – read more below.
Larimer County Cash / Surety / Property (CSP) Bonds: Using a Bondsman to Post Bond in Fort Collins
Cash / Surety / Property (CSP) is a common type of bond that a judge will set in Fort Collins and Larimer County. This gives the defendant the choice of three avenues to post bond:
- Pay the full cash amount;
- Put up property as collateral; or
- Hire a bondsman to post bond.
For the property bond, the person must allow a lien to be placed on the property, where, should the defendant not appear, the government can foreclose on the property to collect the bond money owed. If the defendant chooses to use a surety, they will pay a bondsman a percentage of the bond owed (money which they will not get back) and the bondsman posts the full bond to facilitate the release. This is a helpful option for high bonds, like a $15,000 bond. The defendant and the family may not be able to come up with that much cash, but could pay a bondsman 10% ($1,500) to get released.
Which Bond / Bail Should I Expect in My Case?
The type and amount of bond set will depend on many different factors:
- Community Safety – Violent crimes are always seen as more serious, so there may be a harsher and more expensive bond set
- Flight Risk – Those who are not from the area or have no ties to Colorado are seen as more likely to not appear, so a higher monetary bond may be set to encourage the person to show up to Court
- Criminal History – Someone with an extensive criminal history is much more likely to have a harsh bond set than someone who has no criminal history
- Any Previous Failures to Appear – A defendant who has pervious failures to appear on their record will have a stricter bond set
If you or someone you love has been charged with a crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation today. Together, we can protect your future.
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