Most of the time, a person who is arrested and booked into the Weld County Jail in Greeley, Colorado will have the option of posting bail.  When the inmate posts bail, they are released from the Weld County Jail back into the community for the duration of their court case.  He or she must, however, attend all future court dates, and if they don’t, a bench warrant for their arrest will be issued.  If they do appear in court for all hearings and obey all court orders, the amount of bail will be returned to them in full at the conclusion of their case.  If a loved one has been arrested, or you believe you may be arrested, read more about bail and bond procedures at the Weld County Jail below.

What is the Purpose of the Bail / Bond System in Greeley?

The bail / bond system in Greeley provides numerous benefits to both arrestees and the Weld County Jail itself.  Allowing an inmate to bond out of the Weld County Jail allows them to return to their normal life.  They can return to work, meet with their lawyer, and make arrangements for the days that they must attend court hearings.  By setting bail, the Weld County Jail benefits by making more space for incoming inmates and for those who cannot post bond.

While some defendants who post bail do fail to appear for future court hearings, the risk of doing this is too high for most defendants.  Bail can often cost thousands of dollars or even include property as collateral, which is only returned to the arrestee when they attend all court hearings.  Additionally, if the defendant is arrested after failing to appear, it is highly unlikely that he will be able to post bond again.  Hence, having the bail and bond system is a massive benefit to both courts and arrestees.

The Bail / Bond Process at the Weld County Jail

After a person is arrested and booked into the Weld County Jail, a bond hearing will be set for the arrestee (normally the following day).  During this hearing, the Weld County Court judge determines an appropriate dollar amount of bond for the defendant.  If the defendant pays that amount, they will be released from the Weld County Jail on the condition that they return for all future court appearances.

What are the Different Types of Bail / Bond in Greeley?

Money – The most common type of bond is monetary.  The judge sets a dollar amount that the defendant must pay to be released from the Weld County Jail.  The more severe the crime, the higher the bond amount will be.

Personal recognizance / PR – Personal recognizance / PR bonds are also fairly common.  A PR bond allows a defendant to be released without having to pay a deposit of money.  The inmate simply signs a document that promises they will appear for all court hearings.  A dollar amount is attached to a PR bond, but the defendant will only be forced to pay it if they do not appear at the Weld County Court.  By contrast, most normal bond amounts must be paid upfront, and are forfeited if the defendant does not appear.

Surety Bond – If a defendant and their family do not have enough money to post for the bond, they can call a Bondsman or Surety, to post the bond for them.  The process does cost money, since that is how the bonding company makes their money.  A Bondsman will post bond for a premium, which is normally 15% for bonds less than $10,000 and 10% for bonds over $10,000.  Sometimes with very large bonds, the Bondsmen we work with will provide an additional discount.

With Surety bonds, you essentially rent the money.  If the Bondsman is forced to pay the court the bond amount because a defendant fails to appear at court, then the Bondsman will expect the cosigner and guarantor of the bond to make them whole.  This will involve the defendant and their cosigner to make repayment in full for the bond to the Bondsman, with no reduction for the premium paid.

Property – The judge can authorize a bond in the form of property.  When this takes place, the government puts a lien on the defendant’s property or asset.  If the defendant appears in court, the lien is removed. Property bonds are not used nearly as often today as they were in the past.

FTA / Failure to Appear in Court - What Happens if I Don’t Come to Court?

Bench Warrants in Weld County Courts

If you bond out of the Weld County Jail, you are required to be present for all your appearances at the Weld County Courts.  Failure to appear will result in several consequences, including:

• Arrest – The judge will issue a bench warrant for your arrest, and you will be brought back to the Weld County Jail.
• Loss of bond – Your bond will not be returned to you. If your bond was in the form of a property lien, the government can then foreclose or seize the property.
• Bail bond ineligibility – After you have been arrested again, the judge may choose not to set another bail bond for you. This is because failure to appear is essentially the same as being a flight risk in the eyes of the Weld County Courts.  If bond is set for you, it will be much higher than the first bond amount that you were given.

It does not matter if you unintentionally failed to appear.  You will still be arrested, and your bond will be revoked.  If you are out on bond, do everything you can to appear in court.

What if I Can’t Afford the Bond Amount in Greeley?

Bondsmen and Bonding Agents

It is not uncommon for inmates to be unable to afford the set bond amount.  When this happens, an inmate can hire a Bondsman to post bond on their behalf.  The Bondsman charges the inmate a premium, usually around 15%, which will not be refunded to them.  This pays the bonding agent for their services and insures them if the inmate fails to appear in court.  The bondsman acts as surety for the inmate, who is then released from the Weld County Jail.  Bond money is returned to the bonding agent at the conclusion of the defendant’s case.

If the bond amount is still too high, through their criminal defense lawyer, a defendant can request that the judge lower the bond amount through a written Motion for Reduction of Bond after bond is set.  The Weld County Court judge will then set a hearing or discuss the issue at the next scheduled hearing.  Judges like to consolidate hearings if possible.

Who is Unable to Bond Out of the Weld County Jail?

Under C.R.S. 16-4-101, any person who is arrested and incarcerated at the Weld County Jail must be “bailable by sufficient sureties.”  However, there are exceptions.  People are unable to bail out of the Weld County Jail under the following circumstances:

The arrested person is suspected of a capital offense – e.g., Murder in the First Degree – when proof is evident or presumption is great.  That is, there is enough evidence that suggests that the inmate did commit the crime.  The inmate is still presumed innocent until proven guilty, but the risk of releasing them into the community is too high to allow for bond to be posted.

The Courts finds at a hearing that due to substantial evidence or great presumption, the arrested person most likely committed the crime, and releasing them back into the community would jeopardize public safety.  This takes place in specific circumstances.  For example, if the arrested person was already on bond, probation or parole for a crime of violence, and they committed another crime of violence while on probation or parole, they may not be able to post bond.

How Much Does Bailing Out of the Weld County Jail in Greeley Cost?

There is no simple answer as to how much bailing out of the Weld County Jail in Greeley will cost.  Several factors that will determine the cost of posting bond include:

Severity of the offense – The more severe the offense, the higher the bail will be.  That is, bail is set at much lower amounts for misdemeanors than for felonies.

Number of crimes – Bail is set for each crime with which you are charged.  If you were charged with 2 different crimes, and bail was set at $7,500 each, you will have to pay $15,000 total to bond out.

Bondsman / bonding agent – Hiring a bondsman or bonding agent means being required to pay a nonrefundable premium, which generally is roughly 15% of the bond amount.

Bond conditions – Posting bond often comes with strings attached.  Per C.R.S. 16-4-105, a judge at the Weld County Courts may impose any conditions on a defendant that he sees fit as part of his bail conditions.  For example, the defendant may be required to pursue mental health treatment or instructed not to drink alcohol or use drugs.  Pretrial Services supervision is a very common condition.  Conditions costing money, such as UA testing, are paid for by the defendant.

Can a Top Weld County Lawyer Bail Me Out?

Many people ask whether a lawyer can post bail on their behalf if they are incarcerated at the Weld County Jail.  The short answer to this question is no, a lawyer cannot do this.  Even if posting bail for a client does not present a legal issue, it does present an ethical issue, and no experienced criminal defense lawyer will ever post bail on a client’s behalf.  An experienced lawyer can, however, recommend an upstanding bail bonding agency to you and provide other legal advice you may need while you are incarcerated.  We are available to come to the jail for a consultation, if you or your family hires us to do the visit. Then, whether you remain incarcerated or can bail out, your lawyer can defend you against your charges at the Weld County Courts to protect your future and freedom.