How Is Bail Determined in Colorado Springs?
When someone is arrested in Colorado Springs, the bail process determines whether they can await trial at home or if they must remain in custody. That’s why it’s important for defendants and their families to understand factors that influence how courts make these decisions.
At The Bussey Law Firm, P.C., we know the impact pretrial detention can have on your freedom, livelihood, and defense strategy. This guide will walk you through how bail is determined in El Paso County, what criteria the court uses, and how recent reforms are reshaping the process.
What Is Bail?
Bail is pre-trial payment or posting of a bond to secure a defendant’s release from custody while awaiting trial. Bail is not meant to punish; it’s meant to balance the presumption of innocence with the court’s interest in ensuring public safety and the defendant’s appearance at trial.
What Do Colorado Courts Consider When Setting Bail?
Bail determinations in Colorado are guided by C.R.S. § 16-4-103 and C.R.S. § 16-4-104, which provide a framework of bail criteria. Judges must weigh multiple factors before granting or denying bail.
- Severity of the alleged offense
More serious charges (like sexual assault or homicide) often lead to higher bail or denial of bail altogether. - Criminal history
A prior record, especially with previous failures to appear, influences bail terms. - Ties to the community
Courts examine whether the defendant has stable housing, employment, or family in Colorado Springs or the surrounding area. - Flight risk
If someone has a history of fleeing, out-of-state ties, or access to significant financial resources, bail may be set higher or denied. - Threat to public safety or specific individuals
Judges consider whether releasing the defendant could endanger victims, witnesses, or the general public. - Likelihood of return to court
This includes past compliance with probation or other court orders.
What Is a Pretrial Risk Assessment?
In many cases, the court will order a pretrial risk assessment, an objective tool used to evaluate a defendant’s likelihood of appearing in court and potential threat to public safety.
This assessment may consider:
- Current charges
- Age
- Prior failures to appear
- Prior convictions
- Community stability factors
The result is used by judges during bail hearings to determine whether to release the person, and under what conditions. However, it’s only one part of the larger decision-making process and is not binding on the court.
Types of Bonds Available in Colorado Springs
There are different forms of bail bonds in Colorado. Courts may choose from these options based on the defendant’s history and the facts of the case.
Personal Recognizance Bond (PR Bond)
The defendant is released without posting money, based solely on their promise to return to court. These are more common in low-level or nonviolent offenses.
Cash or Surety Bond
The defendant must post cash or use a bail bond agent to secure release. The amount is based on the court’s evaluation of the risk.
Property Bond
A defendant (or someone on their behalf) can use equity in property as collateral.
No Bond Hold
In some severe cases, including certain homicide charges, courts may deny bond entirely.
Local Implementation in El Paso County
While the state statutes provide the legal framework, bail decisions are also shaped by local practices in Colorado Springs courts. Each judicial district may have slightly different procedures or pretrial service programs that inform the judge’s decision.
El Paso County courts often conduct first advisement hearings the day after arrest. This is when:
- Bail is reviewed
- The public defender may be assigned (if eligible)
- The court hears from the prosecution and defense about bond conditions
Having a defense attorney present early is essential, especially when facing high bail or a potential no-bond hold.
New Law: Amendment I and First-Degree Murder Bail Restrictions
In November 2024, Colorado voters approved Amendment I, which directly impacts bail for individuals accused of first-degree murder.
What Does Amendment I Do?
Amendment I amends Article II, Section 19 of the Colorado Constitution to exclude the right to bail for defendants accused of first-degree murder, aligning it with other serious offenses like capital crimes.
This means:
- Defendants charged with first-degree murder no longer have an automatic right to request bail
- The court may deny bail entirely if the evidence of guilt is strong and the charge is classified under the amendment
- It’s now harder to argue for pretrial release in such cases, even with no prior criminal history
Can Bail Be Challenged?
Bail conditions can be reviewed and modified at a later hearing. Your defense attorney can file a motion to reduce bond or request a PR bond if circumstances change (e.g., new evidence, resolution of an associated charge, or improved pretrial behavior).
If bail was set too high to be reasonably posted, a court may be required to consider alternatives to ensure the bond is not effectively a denial of bail.
Common Issues Defendants Face in Bail Hearings
Inaccurate Pretrial Risk Scores
Automated tools can’t always capture personal nuances. A defense attorney can challenge risk scores with personal testimony and supporting documents.
Prosecution Pushes for No Bond
Prosecutors may ask for no bond, especially in violent or high-profile cases. A strong defense presentation is essential to counter those arguments.
Insufficient Evidence at Early Stages
Bail may be based on police reports alone. Your attorney can argue that unproven allegations shouldn’t justify excessive bail.
Why Legal Representation Matters at the Bail Stage
Being detained before a trial begins puts defendants at a serious disadvantage. It disrupts jobs, families, and your ability to work closely with your attorney.
At The Bussey Law Firm, P.C., we approach every bail hearing with preparation and urgency. Timothy Bussey received a Gold Client Champion award from Martindale-Hubbell based on client satisfaction. He is a former prosecutor and military JAG attorney who understands how courts weigh bail criteria and how to advocate for release, even in difficult cases.
Our legal team helps clients by:
- Presenting evidence of community ties, employment, and lack of risk
- Challenging biased or flawed pretrial risk assessments
- Negotiating for personal recognizance bonds
- Opposing no-bond holds under Amendment I when possible
Speak With a Trusted Criminal Defense Lawyer in Colorado Springs
If your loved one has been arrested and you’re worried about bail, time is critical. The earlier a skilled defense attorney becomes involved, the stronger your chances are for pretrial release.
Call The Bussey Law Firm, P.C. today at (719) 475-2555 for a free consultation.
