Colorado law makes it a crime to violate the conditions of one’s bail. This becomes a charge that is separate from — and in addition to — the charge for which the person has been released on bail.
Violations can occur by failing to appear for court proceedings, or violating other terms of bail such as traveling outside the jurisdiction, consuming narcotics, or contacting victims or witnesses in the case.
Violation of bail conditions in Colorado can be classified as a misdemeanor or felony, depending on the severity of the original charges.
- 1. What Constitutes Violating Bail in Colorado?
- 2. Penalties for Violating Bail Conditions in Colorado
- 3. Defenses to Colorado Violation of Bail Conditions Charges
1. What Constitutes Violating Bail in Colorado? (CRS 18-8-212)
Colorado law defines violation of bail conditions as when a person knowingly fails to “appear for trial or other proceedings” in his or her case, or if there are certain other conditions for the bail that are violated in any way.
These conditions can include things such as remaining within the bounds of the state or city, or other restrictions on what the person may or may not do while awaiting trial.
2. Penalties for Violating Bail Conditions in Colorado
A person who is charged with any felony and is released on bond commits a class 6 felony if the person knowingly fails to appear in the felony case for which the person is on bond with the intent to avoid prosecution. A class 6 felony is punishable by 1 year to 18 months of jail time, and fines between $1,000 and $100,000.
A person who is released on bond and is charged with any felony or misdemeanor arising from the conduct for which the person was arrested commits a class 2 misdemeanor if the person intentionally fails to appear in the case for any proceedings for which victims or witnesses have appeared in court. Class 2 misdemeanors carry up to 120 days in jail and/or up to $750 in fines.
The penalties for violating bail conditions will be in addition to any penalties which accompany the original Colorado criminal charges.
3. Defenses to Colorado Violation of Bail Conditions Charges
Your criminal defense attorney may assert several defenses to this charge, some of which include:
- The exact terms of bail were not properly explained or were ambiguous
- Your behavior did not actually violate the terms of bail
- The terms of bail are being misinterpreted by law enforcement
Call Us For Help . . .
If you or someone you know has been charged with violating bail conditions, contact our Denver Colorado criminal defense attorneys to discuss your case.
See our related article, Fugitive Recovery Agent Colorado – How Bounty Hunters Work.
Legal References
- C. R. S. § 18-8-212. Prior to March 1, 2022, violating CRS 18-8-212(2) was a class 3 misdemeanor carrying up to 6 months in jail and/or $50 to $750. SB21-271.