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The Hidden Danger of the Colorado Criminal Violation of Bail Bond Conditions

Many people in Colorado charged with criminal acts are placed on bond. As a condition of those bonds – often posted by family members or friends – a judge will most often place conditions on those bonds that reflect the nature of the crimes themselves… examples include – no alcohol consumption, no non-prescribed drugs, no contact with the victims of witnesses, urinalysis and breath tests… and similar conditions. Other conditions always include no committing new crimes

This article is intended to explain the danger to the person on bond – IF they violate any or all of those conditions.

Here is the relevant law in Colorado.

18-8-212. Violation of Bail Bond Conditions
  1. A person who is released on bail bond of whatever kind, and either before, during, or after release is accused by complaint, information, indictment, or the filing of a delinquency petition of any felony arising from the conduct for which he was arrested, commits a class 6 felony if he knowingly fails to appear for trial or other proceedings in the case in which the bail bond was filed or if he knowingly violates the conditions of the bail bond.
  2. A person who is released on bail bond of whatever kind, and either before, during, or after release is accused by complaint, information, indictment, or the filing of a delinquency petition of any misdemeanor arising from the conduct for which he was arrested, commits a class 3 misdemeanor if he knowingly fails to appear for trial or other proceedings in the case in which the bail bond was filed or if he knowingly violates the conditions of the bail bond.
  3. A person convicted under this section shall not be eligible for probation or a suspended sentence and shall be sentenced to imprisonment of not less than one year for violation of subsection (1) of this section and not less than six months for violation of subsection (2) of this section. Any such sentence shall be served consecutively with any sentence for the offense on which the person is on bail.
  4. A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the bond is located, if such court is within this state.

It is important to note two things:

  1. First – not only can the Judge revoke the Defendant’s bond, and either increase it or incarcerate the Defendant in the jail.
  2. Second – the Colorado DA – may file a new case called violation of Colorado’s Bail Bond Law and, if convicted, the sentence must be ONE YEAR IN THE DEPARTMENT OF CORRECTIONS. There is no possibility of probation, and the sentence must run consecutive to “any sentence on which the person is on bail.”

Most importantly there is NO requirement that a Defendant be advised that violation of a bond condition is chargeable as a new crime. Therefore, the first time a Defendant may hear of this law is when he or she is arrested in the new case.

If you are on bond – make certain you follow the conditions of your release exactly as ordered.

If you find yourself charged with the Colorado Crime of Violation of Bail Bond Conditions – please feel free to contact the Steinberg Colorado Criminal Defense Law Firm.

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