H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
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Colorado Criminal Law – Post Verdict Bail Now Denied In Certain Domestic Violence Cases

Colorado Criminal Law - Post Verdict Bail Now Denied In Certain Domestic Violence Cases-1Colorado Criminal Law – Post Verdict Bail Now Denied In Certain Domestic Violence Cases – The denial of bail in Colorado occurs only in the most extreme criminal cases and usually under the most extreme circumstances. That list of crimes now that include the denial of bail following conviction in certain criminal cases will expand on August 9, 2019 to include certain Colorado Domestic Violence convictions such as Felony Stalking.

When and how this can occur is addressed in this 2017 blog update.

The Right To Bail Conviction In Colorado

Whether your case involves a plea or goes to trial – the right to remain in bail (free) pending the typical six to eight weeks before you are sentenced following the conviction, -is denied in only a very limited number of cases…. called “exceptions.”

Under the “old” law, bail could be denied to a person convicted of certain violent crimes following conviction but the law gave Colorado judges could decide whether or not to grant bail between conviction and sentencing in all cases other than the list of exceptions below and that list did not include felony stalking or other domestic violence.

That list of crimes is found in a Colorado Law – identified as 16-4-201.5 (2017):

CO Rev Stat § 16-4-201.5

(1) The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by this part 2; except that no bail is allowed for persons convicted of:

(a) Murder;

(b) Any felony sexual assault involving the use of a deadly weapon;

(c) Any felony sexual assault committed against a child who is under fifteen years of age;

(d) A crime of violence, as defined in section 18-1.3-406, C.R.S.;

(e) Any felony during the commission of which the person used a firearm;

(f) A crime of possession of a weapon by a previous offender, as described in section 18-12-108 (2) (b), (2) (c), (4) (b), (4) (c), or (5), C.R.S.; or

(g) Child abuse, as described in section 18-6-401 (7) (a) (I), C.R.S.

(2) The court shall not set bail that is otherwise allowed pursuant to subsection (1) of this section unless the court finds that:

(a) The person is unlikely to flee and does not pose a danger to the safety of any person or the community; and

(b) The appeal is not frivolous or is not pursued for the purpose of delay.

(3) The provisions of this section shall apply to offenses committed on or after January 1, 1995.

The New Law – The Changes

in 2017, the Colorado State Legislature enacted House Bill 17-1150 that adds additional crimes to the denial of bail after conviction up to the date of sentencing to the old list. This new law applies to certain very specific Colorado domestic violence and Felony Stalking cases.

Article 4 – Release From Custody Pending Final Adjudication Part 2 – Bail After Conviction § 16-4-201.5. Right to bail after a conviction – exceptions

SECTION 1. In Colorado Revised Statutes, 16-4-201.5, amend (1)(f); and add (1)(h), (1)(i), and (1)(j) as follows:

16-4-201.5. Right to bail after a conviction – exceptions.

(1) The court may grant bail after a person is convicted, pending sentencing or appeal, only as provided by this part 2; except that no bail is allowed for persons convicted of:

[HMS – Capital letters indicate new material added to existing statute…]

(f) A crime of possession of a weapon by a previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), . . ., or

(h) A CLASS 5 FELONY ACT OF DOMESTIC VIOLENCE, AS DESCRIBED IN SECTION 18-6-801 (7);

(i) A SECOND OR SUBSEQUENT OFFENSE FOR STALKING THAT OCCURS WITHIN SEVEN YEARS AFTER THE DATE OF A PRIOR OFFENSE FOR WHICH THE PERSON WAS CONVICTED, AS DESCRIBED IN SECTION 18-3-602 (3)(b); OR

(j) STALKING WHEN THERE WAS A TEMPORARY OR PERMANENT PROTECTION ORDER, INJUNCTION, OR CONDITION OF BOND, PROBATION, OR PAROLE OR ANY OTHER COURT ORDER IN EFFECT THAT PROTECTED THE VICTIM FROM THE PERSON, INCLUDING BUT NOT LIMITED TO STALKING, AS DESCRIBED IN SECTION 18-3-602 (5).

Summary Of The New Exceptions To The Right To Seek Bail Following Conviction

The “new denial of bail after conviction” law essentially creates three exceptions to a Colorado Judge’s Authority to set bail after conviction. Those exceptions are:

1. Following a second or subsequent conviction for Felony Stalking that occurs within 7 years after the date of a prior offense for which the person was convicted. Stalking is a Class 5 Felony act of domestic violence in violation of CRS 18-6-801(7).

2. Following a conviction for Stalking (again – a Class 5 Felony act of domestic violence in violation of CRS 18-6-801(7)) where there was a protection order, injunction, or condition of bond, probation, or parole or any other court order in effect that protected the victim from the person;

3. Following any conviction that includes an act of domestic violence if the Defendant at the time of sentencing has been previously convicted of three or more prior offenses (an habitual domestic violence offender) that included an act of domestic violence and that were separately brought and tried and arising out of separate criminal episodes.

Colorado Criminal Law – Post Verdict Bail Now Denied In Certain Domestic Violence Cases

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The reader is admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate at the time it was drafted but it cannot account for changes occurring after it was uploaded.

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H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Criminal Law – Post Verdict Bail Now Denied In Certain Domestic Violence Cases.