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Every arrest does not warrant bail

Posted on April 3, 2019

While the idea of going to jail may have filled you with fear and anxiety, it is a scenario that you ended up in nonetheless. On the way there, through booking and through all the other necessary steps you had to contend with, your mind likely filled with various thoughts about what could happen while you remained behind bars.

As a result, you undoubtedly had the possibility of posting bail on your mind as well. Of course, bail hinges on a number of factors, including your willingness to return to court. As a result, bail may or may not suit your particular circumstances.

Deciding whether to set bail

The judge involved in your case will determine whether you qualify for bail and the amount of that bail, if applicable. Some of the factors that go into making this decision include the following:

  • The type of crime committed
  • Whether the event involved violence or malice
  • The possibility of you posing a threat to the community
  • Your level of flight risk
  • The evidence against you
  • Your previous criminal history
  • Nature and circumstances from which the charges stem

These and numerous other details could determine the bail amount or, in some cases, whether to set bail at all. If the judge considers you too high a flight risk or believes that you pose a serious threat to the community, the judge may order you held without bail.

Release on bail and failure to appear

If you, a bail bondsman or another person handles the payment of your bail, the judge will issue an order for your release from custody. However, you have an obligation to appear at your scheduled court date after your release. If you do not honor that agreement and fail to appear in court, your situation only becomes worse. You may face jail time, a fine or both. Of course, if insurmountable circumstances caused your inability to appear, you may have the ability to defend against punishment.

Criminal cases have many details to address, and from the moment of your arrest, it is wise to take your case seriously. Even if you post bail, you have a long road ahead of you when it comes to defending against the charges brought against you. It may benefit you to gain reliable information from Colorado legal resources about your options as your case proceeds.