How to Get Someone Out of Jail in Colorado

Posted on August 25, 2023

If a friend or family member has been incarcerated in Colorado and you need to get them out of jail, here are the steps to take.

Find Out Where They are Detained

Before you can take any action, you must first find out where the individual is being held. You can usually find this information by contacting local police stations or doing an online inmate search.

Understand the Charges

Find out the charges, as they can give you an idea of the severity of the situation and what kind of bail, if any, can be expected. Consult an attorney if the charges are complex or severe.

Hire a Lawyer

Consult a Breckenridge criminal defense lawyer as soon as possible. They can give you legal advice tailored to your situation and can start the process to get your friend or family member released. A lawyer can also negotiate terms for bail and ensure that the person’s rights are protected during the arrest and detention process.

Bail Procedure

After an arrest, the accused may be detained until a bail hearing can take place. Bail is a dollar amount set by the court that defendants (the accused) must post to be released from custody until their trial. Bail is meant to ensure the arrested person returns for future court dates. The type and amount of bail depend on many factors, like the severity of the crime, criminal history, and state laws.

Types of Bail

Cash Bail: You pay the entire bail amount upfront, which is returned when the accused appears in court.
Bail Bond: If you cannot afford the full bail amount, you can seek the services of a bail bondsman. You’ll usually need to pay about 10% of the bail amount, and the bondsman will cover the rest.
Property Bond: Some jurisdictions allow you to use property as collateral to secure the bail amount.
Own Recognizance: For minor offenses, the accused may be released on their own recognizance, meaning no bail is required. They simply promise to appear for all future court dates.

You can learn more about the bail process in Colorado here.

Attend the Bail Hearing

A bail hearing is usually set within 48 hours of the arrest. The judge will consider factors like the accused’s criminal history, ties to the community, and the nature of the charges before setting bail. Your attorney can advocate for a lower bail amount or for release on their own recognizance.

Pay the Bail or Bond

Once the bail amount is set, you can pay it directly at the courthouse or jail where the individual is being held. Payment methods vary but usually include cash, check, or credit card. If using a bail bondsman, double-check all of the fees involved.

Confirm Release Conditions

After bail has been posted, confirm any conditions for release. The person might be subject to travel restrictions, curfews, or other limitations. Understanding these conditions can help your friend or family member avoid further complications.

Prepare for Court

Your friend or family member will be released from jail. From there, they will need to work closely with the attorney to prepare for the upcoming court proceedings. This might involve gathering evidence, speaking to witnesses, and formulating a defense strategy. Failure to attend any court proceeding can result in the forfeiture of the bail amount and immediate arrest.