A bail bond agent is any person that pledges the full cost of bail to ensure an arrested person appears in criminal court. All bail agents are required by law to be certified by the State of Colorado.
Bail is money, property, or some other form of collateral pledged to a court in exchange for the release an arrested person from jail. Bail is posted, often through a bail bond agent, with the understanding that the defendant will return for trial.
A bail bond is a form of payment presented to the courts in return for the release of an arrested person (defendant). The full amount of the bond will become payable if the defendant fails to appear in court.
A person arrested for committing a misdemeanor or felony. This person is required to appear in court to answer pending charges, but may remain at home (instead of in jail) until their court date if they are able to pay bail or arrange for a bail bond agent to pay bail on their behalf.
Collateral is personal property—a house, a piece of land, jewelry, or electronics—that an indemnitor pledges to a bail agency to secure the bail amount in the event the defendant fails to appear in court. Collateral is returned to the owner once the defendant’s case is finalized.
If a defendant fails to appear in court, also called a “forfeiture,” a warrant will be issued for the defendants arrest.
A summary judgment is made if a defendant fails to appear in court and ALSO does not seek reinstatement before the deadline for doing so passes. Once a summary judgment is issued by the courts, the full bail amount becomes due.
A person who is “cited out” is given a citation (ticket) and promises to pay the citation fine or appear in court at an appointed time. Because no jail time is required during the citing out process, no bail is required. A warrant will be issued is the defendant fails to pay the citation fine or appear in court on their scheduled date.
When a defendant is released from jail on their Own Recognizance (O.R.), he or she signs an agreement that they will appear in court on their appointted court date, but otherwise, no bail is required. This is usually reserved for lesser, non-violent crimes.
An indemnitor is a person, usually a friend of relative of an arrested person, who pays the premium fee to the bail bond company and signs the bail bond. When the indemnitor signs the bail bond contract, he or she assumed several responsibilities, including making sure that the defendant meets all of their court obligations, paying additional fees associated with forfeiture, and paying the entire value of bail if the defendant misses their court date and cannot be found.
The length of time it takes a court to process a bail bond varies widely due to the nature of the crime, the defendant’s criminal history, the defendant’s citizenship status, the volume of arrests on that given day, the number of employees working at the jail on that given day, and many other factors. Though we cannot guarantee release in a certain time, our experienced bail bondsmen will do everything in their power to bring your loved one home as quickly as possible.