If you or a loved one is facing an arrest in Aurora, Colorado, navigating the bail bond system can be overwhelming.
Bail bond companies offer a way for defendants to secure their release from jail while they await trial. Here is a step-by-step guide to navigating the bail bond system in Aurora.
Understand the Bail Bond System
Bail is a monetary amount the court sets to ensure the defendant shows up for trial. If the defendant cannot afford to pay bail, they can seek the services of a bail bond company.
The bail bond company pays the bail on behalf of the defendant and charges a non-refundable fee, usually 10% of the total bail amount.
Locate a Reliable Bail Bond Firm
Aurora has many bail bond companies, but not all are reputable. Look for a bail bond company licensed by the Colorado Division of Insurance with a good reputation. You can request referrals from friends, family members, or a criminal defense attorney.
Gather Information
Before contacting a bail bond company, gather all the necessary information about the defendant. Such as their name, date of birth, booking number, and the amount of bail set by the court. This information will help the bail bond company determine the required fee and collateral.
Contact the Bail Bond Company
Once you have all the necessary information, contact the bail bond company to start the bail process.
The bail bond company will ask for the defendant’s information and the amount of bail the court sets. They will also ask for collateral, such as property, a car, or a bank account, to secure the bond.
Pay the Bail Bond Fee
The bail bond company charges a non-refundable fee for their services, usually 10% of the total bail amount. The state of Colorado regulates this fee, and it cannot be negotiated.
Sign the Bail Bond Agreement
The bail bond company will provide a bail bond agreement outlining the bond’s terms and conditions. Please read the agreement carefully before signing it.
The agreement will also include the defendant’s obligations, such as appearing in court and staying out of trouble while on bail.
Release from Jail
Once the bail bond agent has received payment and collateral and the bail bond agreement has been signed, they will post bail on behalf of the defendant.
Compliance with Court Orders
While out on bail, the defendant must comply with all court orders, such as appearing in court and avoiding criminal activity.
Failure to comply with court orders can result in the revocation of bail and the defendant being sent back to jail.
Bail Bond Fees and Payment Options
As mentioned, the bail bond company charges a non-refundable fee for their services. In Aurora, the fee is usually 10% of the total bail amount the court sets.
The state regulates this fee, and it cannot be negotiated. However, some bail bond companies may offer payment plans or accept collateral instead of cash payment.
Collateral and Risks Involved
Collateral is an asset pledged to the bail bond company to secure the bond. If the defendant fails to appear in court, the bail bond company can seize the collateral to cover the bond cost.
The collateral can be in the form of property, cars, or bank accounts. It is important to understand the risks involved in pledging collateral, as failure to appear in court can result in the loss of the asset.
Bail Bond Process for Federal Cases
The bail bond process for federal cases is different from state cases. In federal cases, the bail bond company charges a fee of 15% of the total bail amount set by the court.
The defendant must also provide 100% collateral to secure the bond. Working with a bail bond company with experience in federal cases is important.
Bail Bond for Immigration Cases
Bail bonds for immigration cases are called immigration bonds. These bonds are used to secure the release of immigrants detained by the Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE). Immigration bonds require 100% collateral and can be more expensive than regular bail bonds.
Conditions of Bail Bond
These conditions may include appearing in court, staying within a certain geographical area, avoiding contact with certain individuals, or refraining from using drugs or alcohol.
Violating these conditions can result in the revocation of bail and the defendant’s return to jail.
Navigating the bail bond system in Aurora can be daunting, but with the help of a reputable bail bond company and a clear understanding of the process and its requirements, it can be a smoother process.
FAQs
What happens if the defendant fails to appear in court?
If the defendant fails to appear in court when required to do so, the bail bond is forfeited and the bail bond agent may try to locate the defendant and bring them back to court. If the defendant cannot be located, the collateral provided for the bail bond may be seized.
How long does it take to get released from jail after posting bail?
The amount of time it takes to get released from jail after posting bail can vary depending on the jail’s policies and procedures. In some cases, the defendant may be released within a few hours, while in other cases, it may take several hours or even days to process the paperwork and release the defendant.
Can I get my money back after the case is over?
If you paid the full bail amount to the court, you may be eligible to receive a refund after the case is over, minus any fees or fines owed. If you used a bail bond agent, the fee you paid to the agent is non-refundable. However, any collateral you provided may be returned after the case is over, as long as the defendant appeared in court as required.
