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Colorado bail... How can this be challenged?

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  • Colorado bail... How can this be challenged?

    My understanding is that in Colorado bail has to be set at a level that the arrested person could meet and not force them to remain in jail. If this does not seem to be the case how can this be challenged?

  • #2
    re: Colorado bail... How can this be challenged?

    Originally posted by JenH View Post
    My understanding is that in Colorado bail has to be set at a level that the arrested person could meet and not force them to remain in jail. If this does not seem to be the case how can this be challenged?
    Your understanding is incorrect.

    The point of bail is to give the arrested person an incentive to appear at trial. The higher the bail one has to pay, the more likely they are to show up at court so that they do not forfeit the bail money or collateral being used to put up the bail.

    If the arrested person to whom you refer cannot afford their bail, and no one else is willing or able to do it on their behalf, they will remain in jail until their trial to ensure that they appear.
    "If it ain't in writing, it never happened."
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    • #3
      re: Colorado bail... How can this be challenged?

      I wish to inform you that bail bond amount is determined keeping in view amount of bail to give the accused person enough incentive to return willingly to the rest of his or her court appearances. If amount is very high then you can argue in court that purpose of bail being to award liberty to person from prison is being defeated.

      AFF

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      • #4
        Re: Colorado bail... How can this be challenged?

        Originally posted by JenH View Post
        My understanding is that in Colorado bail has to be set at a level that the arrested person could meet and not force them to remain in jail. If this does not seem to be the case how can this be challenged?
        No, it only has to meeet statutory/constitutional requirements.

        The Excessive bail provision of the 8th AM does not apply to the states "per se", but state laws mostly mandates control.

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