Questions about Posting Bail in Colorado

Can I speak to the person who has been arrested?

The only way you can talk to the person who has been arrested is when you receive a call from that person in jail. The phone call usually has to be a collect call. We cannot speak to the defendant either, unless he/she calls us directly. Most jails also have visiting hours. You must contact the jail directly for their hours and visiting requirements.

Does the defendant get ONLY ONE phone call?

While in the process of booking, the defendant can usually make many calls (usually collect). They can call you or a bail company (we accept collect calls). Depending on jail restrictions, we can establish a 3-way call between the defendant, you and the bail office to negotiate bail. These calls may be short, but the necessary information can be exchanged that may expedite the bail process.

Do I get my premium money back after the defendant goes to court?

No. Usually the premium charged is non-refundable once the bond has been posted. The exception to this is if the charges are dismissed within fourteen (14) days, a court may, after a hearing, order the bail agent to return some of the premium.

The bonding agent posted the bond, but the defendant did not get out of jail. Do I get my premium money back?

No. Usually, if the bond was posted, the bonding agent acted properly and is not required to return any premium. Sometimes, before the defendant is released, another court agency may place a “hold” on the defendant. If this happens, contact us immediately, as we may be able to post the other bond as well.

What are the responsibilities of a cosigner/indemnitor?

  • Make sure that the defendant appears on time for all court appearances.
  • Make sure that A-1 Bail Bonds is notified of any phone, address, or employment changes for both the cosigner and the defendant.
  • Make sure all premium payments are made (if applicable).
  • Make sure that A-1 Bail Bonds is notified when the bond is released/discharged/ exonerated. It is best to get a bond discharge form from the court. The court does not notify us when a bond is complete.

What are the responsibilities of a defendant?

  • Most importantly, GO TO COURT!!!!!!
  • Upon originally being released from jail, the defendant should come to our office to complete some paperwork. This should be done within three (3) business days of being released.
  • Notify us of any changes in phone, address, or employment.
  • Make sure all premium payments are made (if applicable).
  • Make sure that A-1 Bail Bonds is notified when the bond is released/discharged/ exonerated. It is best to get a bond discharge form from the court. The court does not notify us when a bond is complete.

What is “collateral”?

Collateral is a deposit of money or property to protect the bail bonding agent from loss if the defendant fails to appear and the bond is forfeited. The bail agent has a right to use collateral to pay forfeitures and expenses of apprehending and returning the defendant to custody. Some examples of collateral include extra cash (anything paid in excess of the premium/fee), cars, boats, deeds of trust on houses, etc.

Is collateral always needed to secure a bail bond?

No. Collateral is not always needed with A-1 Bail Bonds. Your signature may be the only guarantee necessary, especially if you own a home. A good job, credit and established residency in the community are all factors that are considered when you apply for a bail bond.

When will collateral be returned?

Collateral is returned when all cases of the defendant are complete and the court(s) have issued a bond release. In addition, the bail agent’s premium must be paid in full. We will return all collateral and process any lien releases within ten (10) working days of receiving bond discharge forms. It is the obligation of the cosigner and defendant to obtain the release form from the court and bring it to us. The court does not notify us when a bond is complete.

What happens if the defendant is late for court? Is the bond forfeited?

Technically, the answer is yes, the bond is forfeited. The court may or may not view the defendant’s failure to appear as a willful act and issue a bench warrant. Immediately contact us or the court if this happens. The court clerk may delay your appearance time for a few hours. In addition, we may be able to issue you a “consent of surety” that asks the judge to re-instate your bond. Always check in with the court clerk to let them know you are late. It is always best to make a late appearance than no appearance at all.

What happens if the defendant fails to appear in court?

The court may issue a warrant for the defendant’s arrest, revoke the bond or increase the amount of the bond. The defendant may also be charged with a completely new crime, known as “failure to appear.” The bail bond may be forfeited and the property or money deposited as collateral for the bail bond may be lost.

What should I do if I miss a court appearance?

It is important for you to act quickly. If you posted a bond with a bail bonding agent, contact the agent immediately. We may be able to issue you a “consent of surety”. You must take the consent of surety to the court clerk and ask for a new court date.

Can I leave Colorado while I am out on bail?

No. If you need to leave the State of Colorado you must obtain permission from the court and from your bail agent. Contact our office if you need to travel out of Colorado.

Do I have to notify the court and my bail agent of a change in my address?

Yes. Most appearance bond forms contain a standard condition that requires you to notify the court immediately if you change your residence or address. You must also notify your bail agent in writing of any changes in employment or address.

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