In Colorado, a judge can revoke or change your bond if you break a bond condition. The process usually starts when the prosecution, or a pretrial services bonding commissioner, files a sworn application describing the alleged violation. The judge can then issue a warrant, and you are brought before the court for a hearing. At the end of that hearing, the judge can leave your bond as it was, change the money amount, add or change conditions, or revoke your release. Missing court has extra consequences: bond money can be forfeited, and a failure to appear can be charged as a separate crime.
Key Takeaways
- A claimed bond violation usually leads to a warrant and a hearing. The judge decides what happens to your bond at the end of that hearing.
- The process starts with a sworn application by the district attorney or a bonding commissioner stating the facts of the alleged violation.
- After the hearing, the judge can raise or lower the money amount, require more security, change other conditions, or revoke your release.
- Money or property posted for a bond can be forfeited only for failing to appear in court, not for breaking some other condition.
- You can ask the trial court to change your bond later, and either side can ask a higher court to review a bond order.
What Colorado Law Provides
- Every bond requires you to appear in court. Under C.R.S. 16-4-105(1), this is the only condition whose breach can lead to forfeiture of the bond money or security.
- Every bond also requires that you not commit a felony while released. If a court has found probable cause that you committed a felony while released on an earlier felony charge, the court may revoke your release or change any bond condition, including the money amount (C.R.S. 16-4-105(3)).
- The court can add other conditions, such as supervision by a pretrial services program, drug or alcohol testing, or electronic monitoring (C.R.S. 16-4-105(8)).
- How a violation reaches the court. On a sworn application by the district attorney or a bonding commissioner stating facts showing a breach or threatened breach of a bond condition, the court may issue a warrant to bring you before the court “without unnecessary delay” for a hearing. At the end of the hearing, the court may increase or decrease the money amount, require more security, drop security, or change any other condition (C.R.S. 16-4-109(1) and (4)(a)).
- Missing court and bond money. When a bond was posted with cash or property, or is a personal recognizance bond with a money amount, and you fail to appear, the court must declare a forfeiture and mail notice within 14 days. The court can enter a judgment for the bond amount only if you do not appear and surrender within 35 days, or show within that time that appearing was impossible and not your fault. The court may also set a forfeiture aside if justice requires (C.R.S. 16-4-111(3) and (4)).
- Failure to appear can be a new crime. If you are charged with a felony and knowingly fail to appear in that case with the intent to avoid prosecution, it is a class 6 felony. If you intentionally fail to appear for a proceeding at which victims or witnesses appeared, it is a class 2 misdemeanor (C.R.S. 18-8-212(1) and (2)). This charge cannot be brought in the traffic, petty offense, and municipal cases covered by section 16-4-113(2) (C.R.S. 18-8-212(5)).
- Violating a protection order is a new crime. If the protection order was issued in your criminal case under section 18-1-1001, a violation is a class 1 misdemeanor, and any sentence runs consecutively to the sentence for the original crime (C.R.S. 18-6-803.5(2)(a) and (2)(c)). A class 1 misdemeanor carries up to 364 days in jail and a fine of up to $1,000 (C.R.S. 18-1.3-501(1)(a.5)).
- Review by a higher court. After an order under section 16-4-109, either side may file a petition for review in the appellate court, with a transcript of the bond hearing attached (C.R.S. 16-4-204(1) and (2)).
Understanding Bond Revocation in Colorado
Colorado law lists several types of bond: an unsecured personal recognizance bond, a personal recognizance bond with added conditions, a bond with a money amount that can be posted in cash, with real estate, through sureties, or through a bail bonding agent, and a bond secured by real estate (C.R.S. 16-4-104(1)). Every bond carries conditions, and the court can add more. Violating a condition can lead to a warrant, a hearing, and a changed or revoked bond.
Common reasons include failing to appear at a court date or being arrested for a new offense while out on bond. Following every condition of your bond is the most reliable way to stay out of custody while your case is pending.
Reasons for Bond Revocation
A bond can be revoked or changed when you break one of its conditions. The most common are:
- Missing a court date. Appearing in court is a condition of every bond (C.R.S. 16-4-105(1)).
- A new felony while on bond. Not committing a felony is also a condition of every bond (C.R.S. 16-4-105(3)).
- Breaking a condition the judge added. This includes missed check-ins with pretrial services, missed or failed drug or alcohol tests, or electronic monitoring problems, when those are conditions of your bond. If a condition limits travel, leaving the area without permission is a violation.
- Contact with a protected person. In domestic violence, stalking, and unlawful sexual behavior cases, you must acknowledge a protection order as a condition of bond (C.R.S. 16-4-105(4)). Violating it can also be charged as a separate crime.
Even a violation that seems minor can lead to a warrant, so it is important to follow every term of your bond.
Legal Consequences of Bond Revocation
What happens when a defendant’s bond is revoked? The consequences depend on what the judge orders at the hearing. The judge can revoke your release, raise the money amount, require more security, or add conditions (C.R.S. 16-4-109(1)). If the judge sets a bond you cannot post, you stay in custody while the case goes on, which can affect your job, your family, and your ability to help prepare your defense.
Breaking most bond conditions is not a crime in itself. Two kinds of violation can bring new charges: failing to appear in court (C.R.S. 18-8-212) and violating a protection order (C.R.S. 18-6-803.5). Any new offense you are arrested for is also its own charge.
Bond money is at risk only when you miss court. Failing to appear is the only breach that can lead to forfeiture of the bond money or security (C.R.S. 16-4-105(1)).
The Revocation Hearing Process
A bond is not revoked before the hearing. When the court receives an application claiming a violation, it holds a hearing on the matters in the application and then decides what to do.
Key points to consider during this process include:
- Notification: If the district attorney asks to change your bond, you must be given reasonable notice. When the application states facts showing a breach of a bond condition, the court may instead issue a warrant and have you brought before the court (C.R.S. 16-4-109(3) and (4)(a)).
- Hearing Format: The hearing addresses the matters set out in the application. The district attorney has the right to appear and advise the court (C.R.S. 16-4-109(5)), and your lawyer can respond.
- Outcome: The judge can keep the bond as it was, change the money amount or security, change other conditions, or revoke your release.
Being prepared for the hearing, with your lawyer, gives you the best chance of keeping or regaining your release.
Rights During a Revocation Hearing
A bond hearing in Colorado follows a set process. You can be represented by your lawyer, you can respond to the claims in the application, and you are entitled to reasonable notice of a request to change your bond unless you are brought in on a warrant.
Right to Legal Representation
Your defense lawyer can represent you at a bond hearing, and having a lawyer there can make a real difference in the outcome. A lawyer can explain what the prosecution is claiming and what the judge can order.
- Guidance on Legal Procedures: Attorneys can explain the steps involved in a bond hearing.
- Defense Strategies: They can prepare a response tailored to the specific facts of the alleged violation.
- Protection of Rights: A lawyer can make sure the court follows the procedures the law requires.
Opportunity to Present Evidence
The hearing addresses the facts stated in the prosecution’s or bonding commissioner’s application (C.R.S. 16-4-109(4)(a)). When the claim is that you committed a new felony while released on an earlier felony charge, the law requires a showing that a court has found probable cause for the new felony (C.R.S. 16-4-105(3)). Your lawyer can respond to the claims, for example with records showing you kept appointments or passed tests, or with testimony explaining what happened. This is your chance to show that you complied with your bond, or that there are good reasons to keep you on release.
Notification of Hearing Details
How you learn about a bond hearing depends on how it started.
Key aspects include:
- Notice of an application: If the district attorney applies to change your bond, reasonable notice must be given to you (C.R.S. 16-4-109(3)).
- Warrant instead of notice: If the application states facts showing a breach or threatened breach of a condition, the court may issue a warrant, and you are brought before the court without unnecessary delay (C.R.S. 16-4-109(4)(a)).
- Your bail bond agent is told: When the court issues a warrant this way, the bonding commissioner must notify your bail bond agent of record.
Possible Outcomes of a Revocation Hearing
A bond hearing in Colorado can end in several ways. The court looks at whether you violated a bond condition and what conditions are needed going forward.
| Outcome | Description |
|---|---|
| Bond Revoked | The court revokes your release. You stay in custody unless the court sets a new bond that you are able to post. |
| Continued Release | The court may decide to maintain the bond, allowing the defendant to remain free under the original conditions. |
| Modified Bond Conditions | The court may raise or lower the money amount, require more security, or change other conditions (C.R.S. 16-4-109(1)). |
These outcomes can change your situation and your case strategy. Knowing the possible results helps you and your lawyer prepare.
Steps to Take After Bond Revocation
After a bond revocation in Colorado, it is important to act promptly. Waiting can mean more time in custody. Useful steps include:
- Understand the Reasons: Find out exactly which condition the court found you violated so the problem can be addressed.
- Assess Legal Options: You can ask the court to change your bond at any time while the case is pending (C.R.S. 16-4-107(2) and 16-4-109(1)). Either side can also petition a higher court to review a bond order (C.R.S. 16-4-204).
- If You Missed Court, Appear: For a bond posted with cash or property, the court can enter a judgment for the bond amount only if you do not appear and surrender within 35 days of the forfeiture (C.R.S. 16-4-111(3)).
- Comply with Court Orders: Follow every existing court order and condition to show the court you can be trusted on release.
Seeking Legal Representation
Securing legal representation is important for a defendant facing bond revocation in Colorado. An experienced attorney knows the procedures and can make sure the defendant’s rights are protected. When choosing an attorney, consider their experience with bond hearings and their familiarity with the local courts. A knowledgeable attorney can develop a defense strategy tailored to the individual’s circumstances.
Additionally, understanding fees associated with legal representation is important. Many attorneys offer various payment structures, including flat fees or hourly rates. Defendants should ask about costs upfront to avoid unexpected financial burdens. Open communication about fees helps build a trusting attorney-client relationship, allowing the defendant to focus on their case.
Reapplying for Bond After Revocation
Asking for release again after a revocation means asking the court to change your bond. The standards come from statute, and the court will look at the same kinds of facts it considers when it first sets bond.
Eligibility Criteria for Reapplication
When setting bond, Colorado courts start from a presumption that people in custody are eligible for release on bond with the least restrictive conditions that will reasonably ensure they come to court and protect the safety of others, unless the person is ineligible under section 16-4-101 (C.R.S. 16-4-103(3)(a) and (4)(a)). A past violation still matters:
- Prior failures to appear: The court may consider your prior failures to appear for court when deciding the type of bond and conditions (C.R.S. 16-4-103(5)(g)).
- Limits on an unsecured personal recognizance bond: Unless the district attorney consents or the court adds individualized conditions, you cannot be released on an unsecured personal recognizance bond if you are free on another bond in a felony or class 1 misdemeanor case, or if you willfully failed to appear on bond in a felony or class 1 misdemeanor case in the past five years (C.R.S. 16-4-104(2)).
- Risk assessment: Where one is practicable and available, the court uses an empirically developed risk assessment instrument in setting bond (C.R.S. 16-4-103(3)(b)).
Meeting these standards does not guarantee release, but they are what the court will weigh.
Required Documentation and Evidence
No statute lists required forms for asking the court to change your bond. The request is made to the court handling your case, and the district attorney must receive reasonable notice (C.R.S. 16-4-109(1) and (2)). The factors the court may consider include your employment, family relationships, past and present residences, character and reputation, people who will help you get to court, your prior record, and other facts showing strong ties to the community (C.R.S. 16-4-103(5)). Evidence that speaks to those factors can help, such as proof of steady employment, records showing you followed earlier court orders, and letters from people who know you. Documents showing what has changed since the revocation, such as completion of a treatment program, can also help your request.
Hearing Process Overview
A hearing on a request to change bond generally follows these steps. The district attorney has the right to appear and advise the court (C.R.S. 16-4-109(5)).
- Preparation: Gather documents and evidence that support the request.
- Hearing Attendance: Appear before the judge, presenting arguments and evidence for release.
- Judicial Decision: The judge rules on whether and how to change the bond.
If you remain in custody because you cannot pay a money bond, you may file one written motion for reconsideration of the money amount after seven days, based on evidence the court did not fully consider. The court must hold the hearing within 14 days after the motion is filed, may deny it without a hearing if there is no such new evidence, and must consider the results of any risk assessment (C.R.S. 16-4-107(1)).
Impact on Future Court Proceedings
A bond revocation can affect later bond decisions and can bring new charges. The main effects set out in Colorado law are:
| Aspect | What Colorado Law Provides |
|---|---|
| Future Bond Decisions | Prior failures to appear are a factor the court may consider (C.R.S. 16-4-103(5)(g)). A willful failure to appear on bond in a felony or class 1 misdemeanor case limits unsecured personal recognizance bonds for five years (C.R.S. 16-4-104(2)(c)). |
| Low-Level Cases | For offenses with a maximum penalty of six months or less, the judge ordinarily must release on personal recognizance, but not if you previously failed to appear for trial after giving a written promise to appear (C.R.S. 16-4-113(1)(e)). |
| New Charges | Failure to appear can be charged under C.R.S. 18-8-212. Violating a protection order can be charged under C.R.S. 18-6-803.5, with any sentence running consecutively. |
| Sex Offense Cases | A person on bond for a sex offense who is convicted of a bond violation under C.R.S. 18-8-212 is not eligible for probation and must be sentenced to at least one year, served consecutively (C.R.S. 18-8-212(3.5)). |
| Pre-Trial Release Status | A revocation is not necessarily permanent. You can ask the court to change bond later and can seek review in a higher court (C.R.S. 16-4-107, 16-4-109, 16-4-204). |
Understanding these effects helps you and your lawyer plan the rest of the case.
Frequently Asked Questions
Can I Still Communicate With My Attorney After Bond Revocation?
Yes. After a bond revocation, communication with your attorney remains essential. Your conversations with your attorney about your case are protected by attorney-client privilege. Stay in contact with your attorney so you can plan next steps together.
Will My Bond Revocation Affect My Employment Status?
A bond revocation is an order in your pending case, not a conviction. The most direct effect on a job is usually the time you spend in custody if you cannot post a new bond. A new charge, such as failure to appear, is a separate case that could lead to a conviction.
What Happens to My Bail Money if My Bond Is Revoked?
Bond money or security can be forfeited only for failing to appear in court (C.R.S. 16-4-105(1)). If you miss court, the court can declare a forfeiture. For a bond posted with cash or property, the court can enter a judgment for the bond amount only if you do not appear and surrender within 35 days, and it may set the forfeiture aside if justice requires (C.R.S. 16-4-111(3) and (4)). A cash deposit is returned to the person who made it once the defendant is discharged from all liability on the bond (C.R.S. 16-4-111(1)(a)). If you paid a bail bond agent, a court can order part of the premium refunded only in limited situations. One is when the bond terms are changed within 14 days after the bond was posted; after 14 days, the court cannot order a refund on that basis (C.R.S. 16-4-110(2)).
Can I Appeal a Bond Revocation Decision?
Yes. After a bond order under section 16-4-109, either side may file a petition for review in the appellate court. The petition must be in writing and must have a transcript of the bond hearing attached, and the other side may respond within seven days or as court rules provide. The appellate court can send the matter back for another hearing, order the trial court to change the bond, or dismiss the petition (C.R.S. 16-4-204).
How Does Bond Revocation Impact My Criminal Record?
A bond revocation is recorded in your court case, but it is not a conviction. It can still matter later: prior failures to appear are a factor courts consider when setting bond in future cases (C.R.S. 16-4-103(5)(g)). If the revocation came from missing court or violating a protection order, a separate charge under C.R.S. 18-8-212 or C.R.S. 18-6-803.5 could result in a conviction of its own.