Now What? – Re-Arrested In Colorado After Bail Is Posted
By H. Michael Steinberg, A Colorado Criminal Defense Lawyer – Practicing Colorado Criminal Law from both sides for over 40 years.
Introduction:
Being arrested for anything, for any reason, is easily one of the most traumatic experiences for most people.
Then you post bail. Forced to do so before you can gain your freedom but YOU ARE NOT RELEASED!
- Or your release comes far later than anticipated.
- Or you are informed that you are still being detained.
- Or, after being freed, you get booked again once something else appears on your record.
So. What now? This article is intended to give you some possible answers to this troubling problem.
This is a straightforward explanation of what might occur in Colorado after bail is posted and there is no release, the reasons for it, and some possible practical solutions. A hopefully useful guide to help you avoid speculating while your life is on hold, not legal advice.
First: What does “bail is posted” actually mean in Colorado?
Bail is typically a monetary requirement for release in Colorado. To ensure that you appear in court, you can utilize a bond or pay money. You should be released in that situation once it has been approved and processed.
The fact that is this – posting bail does not automatically eliminate all additional holds, warrants, detainers, or administrative delays that could keep you in detention …is something that most individuals are unaware of until it happens to them.
The most frequent causes, while annoying, have little to do with innocence or guilt. Usually, they are procedural in nature.
Second: An additional warrant “pops up.”
The most frequent surprise is this one. A warrant for a separate case is found while the jail is conducting release checks after you post bond on the instant case. examples include:
An older ticket shows up.
A warrant for a probation revocation appears.
A Colorado warrant from a separate county.
Additionally, timing is important. It’s possible that you won’t be informed until the jail attempts to process the release and the system flags you.
Third: Another agency has put a “hold” on you.
Typical examples include:
Holds placed by probation.
Holds for alleged violations of parole. (The Colorado Department of Corrections orders that you not be released).
Immigration detainers (ICE)/
Even if bail is set for the current case, a “hold” will prevent you from leaving the jail. Alternatively, you might be released to another Colorado city or county rather than leaving through the jail’s front door.
Fourth: Although posted, the bail bond has not yet been processed.
Until you get a close-up look, this seems absurd.
“Posted” does not always imply “cleared” and matched to the booking paperwork and therefore approved for release.
Delays occur as a result of:
A change of shift personnel.
Processing of bail bonds in “batches.”
Awaiting confirmation of a warrant from the court clerk.
Errors occur in data entry, such as misspelled names, incorrect booking numbers, or dates of birth.
A bond that needs confirmation or a judge’s signature.
When the Delay is Bureaucratic
In October 2022, a CBS News Colorado investigation found that the Denver Sheriff Department had left at least two women in custody long after judges had set their bond. Bail bond agent Nicole Martinez said she was ready to pay $3,000 for Cassandra Shabazz and $25,000 for Deja Fresquez, but deputies told her they couldn’t process the paperwork because the jail was too short-staffed. Fresquez ended up spending roughly 30 extra hours in custody; Shabazz was held about 24 hours beyond when she should have been released. The department later acknowledged the releases were “unintentionally delayed” and blamed staffing shortages in its records and release unit.
Lawmakers have tried to close these gaps through legislation that strengthens the six-hour release requirement and mandates that jails document any delay in a defendant’s file, changes reflected in the current version of the bail statute.
The bill (2022) requires a court to hold a bond setting hearing within 48 hours after an arrestee’s arrival at a jail or holding center. The bill states a bond may be paid at a minimum by cash
money order, or cashier’s check, and a judge, judicial officer, or bond hearing officer shall not require a monetary bond be paid in the defendant’s name. The bill requires that a defendant who posts bond be released from custody within 6 hours after bond is set.
If the custodian fails to release the defendant within 6 hours after the bond has been set, the custodian shall inform the defendant and any person posting bond on behalf of the defendant the reason for the delay and shall document the reason for delay in the defendant’s file.
The bill requires that after a bond has been paid, the defendant and surety, if any, receive a copy of the bond paperwork, a notice of rights related to bonding, and information regarding the defendant’s next court date.
Fifth: The requirements for release have not yet been met.
For instance:
A protective order that needs to be served and clarified.
A no-contact order with particular addresses.
An ankle monitor must be fitted and installed.
Meeting with pretrial services before release.
A placement for sober living or
In certain situations, a “third-party custodian” is needed.
Even though the bond has been posted, the jail may not release you if one or more of these requirements are not met.
Sixth: The bonding type was incorrect or lacking.
Bonds differ from one another.
A cash bond is fully paid by the accused, family, or friends.
A bail bond company posts a surety bond.
Other kinds of bonds include:
“No bond” holds are placed until an open court hearing (common in Denver).
“PR bonds” (personal recognition bonds), in which there are requirements, but no payment is made.
In each of these cases, release may be delayed if a bond was posted improperly or if any paperwork is missing. This occurs much more frequently than most people realize, particularly when someone posts a bond for an out-of-county bond.
Seventh: While in detention, you are arrested on a new charge.
This happens more frequently than you might expect. In the same exact incident, an investigator may submit a second, more serious charge. The jail may get further paperwork.
A new bond is set if a new charge is brought by the District Attorney before you bond out.
Eighth: The logistics of the transfer are taking longer than expected.
If you are detained for pickup by another county, the transfer transportation schedules are not exact. Certain counties have designated days for transportation. Other counties, which are smaller and perhaps underfunded, may require documentation and confirmation.
If this is taking place, you are actually waiting on “movement” rather than “bail.” This frustrating issue is very common, and the only practical remedy is to call the “pick up” county sheriff and request they transport the person being detained on their hold.
People need this part. Because shouting via a jail window is rarely effective. The person at the window doesn’t actually control it half the time.
What steps can you take to correct a procedural error.
Step 1: Verify that the bail was approved and linked to the correct individual, and if you posted cash bail.
Check and double-check:
DOB and full name match.
Matching booking numbers.
Matching case numbers.
Matching the amount posted, the time, and the date the bond was posted.
Verify that the bail bond company you utilized submitted the bond with the jail, and it was accepted, not just that “we sent someone over.”
Request details. A time bond was obtained. The time bond was accepted. If they will give it, the name of the person who accepted it.
You are creating a paper trail because speed is crucial when something goes wrong.
Step 2: Directly inquire about any possible detainers, warrants, or holds.
“Why are they still in there?” should not be asked. That only produces an ambiguous response.
Ask:
Do any other warrants currently exist?
Is there a hold on parole or probation?
Is an ICE detainer in place?
Is another county asking for pickup or putting a hold on something?
Are there any outstanding charges that haven’t been settled?
Certain jails will inform you. Some will inform only the lawyer. Some will provide relatives with a restricted amount of information. But ask nevertheless.
If they respond, “Yes, there is a hold,” find out which agency placed it and what comes next. listening and documentation. Because a “hold” is a multifaceted concept.
Step 3: Determine whether release requirements must be fulfilled.
Verify what is lacking if the bond set by the Judge has conditions.
Typical bottlenecks:
Service for protection orders, such as in domestic violence cases.
Interview with pretrial services.
Installing a GPS device.
A plan for drug or alcohol testing.
Receipt and recognition of paperwork.
Do it if you can rapidly solve a missing component. An attorney can sometimes expedite the process. A bondsman can occasionally arrange. There are times when you have to wait, but at least you know why.
Step 4: Determine the county and the warrant number if this is a different county hold issue.
You may need information on whether there is a warrant from another county.
Which county?
If at all feasible, the warrant number
If that warrant has a bond, how much is it?
Whether the warrant is from another state and you can be extradited from Colorado.
Why it matters: You may be able to post the bond amount if the other county has one. You are awaiting court if there is “no bond” on the case pending advisement.
Additionally, you can be waiting for the other county to pick you up if it’s a transportation issue. Without pressure, such timing can be excruciatingly slow.
Step 5: Get ready for the actual Colorado release date if there is only a processing delay.
Release is not instantaneous, even in the optimum scenario.
During the day, some facilities release more quickly. At night, some people move more slowly. On weekends, some people slow down. Some people are in line.
Therefore, it may still be hours if the jail reports that “bond is posted, release is pending.” I am aware that sounds inappropriate. Yes, it is. However, it is typical.
Maintaining composure, making sure there is no concealed hold, and checking in at appropriate intervals are all helpful.
A few things are unique to Colorado that may cause confusion.
Bond is often determined during an advisement hearing in Colorado.
In many counties, especially Denver, you may be placed on “no bond” status until the hearing if you were arrested and your bond has not yet been set.
People occasionally hear the phrase “bond is posted” when, in reality, the bail amount has changed or someone submitted documents that the court has not yet signed. In many situations, protection orders are automatic but require a Judge’s signature..
Colorado courts frequently issue mandatory protection orders in criminal situations. There may be conditions attached to such an order that must be acknowledged. The release might quickly become complex if you and the protected person live together.
Extra release procedures are frequently required in DUI and DV cases.
If there are questions about intoxication or medical clearance, a DUI may result in longer holds.
No contact clauses, address limitations, wording requiring the surrender of firearms, and other requirements may be present in domestic violence cases.
FAQs, or frequently asked questions.
In Colorado, what does “posting bail” really mean?
In Colorado, posting bail often entails utilizing a bond or paying a monetary condition of release to ensure your court attendance. You should be released in that scenario after it has been received and processed. Posting bail, however, only applies to that particular case; it does not automatically resolve any other holds, warrants, or administrative delays that could keep you in detention.
After posting bond, why might I still be detained?
After posting bail, you may be held for several common reasons:
1) an active warrant on another case;
2) a hold placed by another agency, such as probation
parole, an ICE detainer, or another county;
3) bail has been posted but not yet processed due to administrative delays;
4) release conditions other than money have not been met (such as protection orders, ankle monitors);
5) The bond type was incorrect or incomplete;
6) you were arrested on a new charge while still in custody; or
7) You are being transferred to a jurisdiction with slow logistics.
What happens if I post bond with a second warrant?
The jail may keep you for a fresh booking, establish a new bail amount, or set a hearing if there is an active warrant from another case, even a small one. Because the jail’s release procedure identifies these warrants during inspections before releasing you, this often results in unexpected delays.
What impact do holds from other authorities have on my release following the posting of bail?
Several organizations, including the Department of Corrections, probation, parole, immigration (ICE), or another county requesting your custody, may place a hold. Even if bail is set in your present case, these stays can keep you from being released. Rather than being set free, you can occasionally be released straight to the holding agency.
After posting bail, what should I do if I’m not freed?
First, make sure the bail was approved and accurately associated with your full name, birth date, booking number, case number, amount paid, and posted date and time. If you used a bail bond provider, make sure they submitted the bond to the jail with precise information and had it accepted. Knowing these specifics makes it easier to spot administrative errors or delays causing the wait.
Can I postpone my release after posting bail under any circumstances other than paying money?
Indeed. Serving and explaining protection orders, adhering to no-contact orders with specific addresses to avoid, fitting an ankle monitor, consulting with pretrial services, or setting up sober-living placement or third-party custodianship are just a few of the additional requirements that some Colorado cases have before being released. Even if bail is paid, release may be delayed if these requirements are not met.
Colorado Criminal Law – Now What? – Re-Arrested In Colorado After Bail Is Posted
The reader is alerted to the fact that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate when it was drafted, but it cannot account for changes occurring after it was uploaded.
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at: hmsteinberg@hotmail.com
A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – please call 720-220-2277.
“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”
Putting more than 40 years of Colorado criminal defense experience to work for you.
You should be careful to make a responsible choice when selecting a Colorado criminal defense lawyer. We encourage you to “vet” our firm. Over the last 40 years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice.
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.
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