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.

Articles Posted in Colorado Bail – Bonding Laws

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By H. Michael Steinberg – Colorado Criminal Defense Lawyer

The Colorado Bail Bond System – Unfair, Unjust, Shameful – Punish First Then The Right To Trial – A Tool To Fight Back – Colorado’s Bail Bond System is broken. The purpose of bail is solely to insure the appearance of the Defendant in court. The reality is the wealthy “get out” and the not so fortunate – paycheck to paycheck families – often lose everything.

The meaning of a “presumption of innocence” is ironic to these individuals and their families. The system was never intended to keep in custody those who do not have the ability to post bond. In it’s simplest terms – the definition of bail is the total amount of money required to be released from jail while awaiting trial. If you have the amount of bail set by the judge, or have the ability to retain the services of a bailbondsperson – you gain your freedom while fighting the charges.

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Colorado Violation Of Bail Bond Conditions 18-8-212On May 28, 2013 – the governor of the state of Colorado John Hickenlooper signed HB 13-1242 which impacted Colorado Revised Statute 18-8-212. The latter law governs so called “technical” Bail Bond violations.

The change was called “Concerning a Repeal of the Mandatory Sentencing Requirement for Violation of Bail Bond Conditions for Certain Offenders.”

What does the law do?

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2013 Colorado Enacts New - More Just - Bail Bond LawsA New Colorado Law – enacted and signed by the governor on May 11, 2013 – totally revamps Colorado’s approach to bail and bonding issues.

The Law Is HB 13-1236 “Best Practices in Bond Setting”

The new Colorado law is a complete change in approach to the setting of bond in the courts of our state.

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Colorado Vehicle Homicide.jpgThe Charge of Vehicular Homicide – Manslaughter

The most devastating charge facing an individual who has made the unfortunate decision to drink and drive – is the charge of vehicular homicide. Colorado courts punish this crime much more harshly than several decades ago when I first starting prosecuting these cases. Back then – in the 1980’s and 1990’s – probation – possibly some jail and alcohol treatment of course was the “standard sentence.”

Today the sentence is much more harsh. It may be a sentence to probation with jail – usually the maximum of 2 years with work release authorized. Or more typically – in the more aggravated cases – it is a sentence to prison.

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A New Law Signed by the Colorado Governor in June of this year — mandates certain conditions of bond be expanded to cover a number of new crimes. Previously, these conditions of bond were applied primarily in Colorado Domestic Violation Cases — the New Law expands the use of these conditions to the crimes listed below.. It is worth noting the importance of this new law as greatly increasing the costs of and difficulty in complying with a pending – UNPROVEN – Colorado criminal case.

Here is a Summary of the new Law / Legislation

The bill expands to all crimes subject to the Victims’ Rights Act the courts’ discretion to add the following restrictions, currently only available in domestic violence cases, to mandatory protection orders issued to defendants at the time of arraignment or first court appearance:

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Recently a Colorado State Senator raised questions regarding the somewhat questionable nature of well entrenched Bondsman (person) practices in Colorado.

Attention has finally been brought to this issue by Channel 9 News in Denver.. they raised this question recently in an investigative report:

DENVER – The game may be over for some bail agents who have been playing the legal system to get removed from bonds so they do not have to pay the court or find fugitives,..