What is Bail Reinstatement and How Does It Work?

Most people are under the impression that once someone's bail is revoked that is the end of the story. All that's left is to catch them and return them to jail in Denver County or wherever to await their day in court. In reality, however, some states, including Colorado, offer what is called "bail reinstatement". In this post, we'll answer the question "what is bail reinstatement" and explain how it works.

Bail Reinstatement in Summary

What is the Bail Reinstatement Process?

Let's take a close look at the entire bail reinstatement process from the time the defendant is arrested until their bail is reinstated.

• The arrest – The defendant is picked up on suspicion of committing a crime and is brought to jail in Lakewood, Golden, or elsewhere.
• Bail is offered – If the offense is not considered a significant affront to society the suspect is offered bail either by way of a bail schedule kept in the jail, or a bail hearing that typically takes place a day or so after the arrest was made.
• The defendant is bailed out – In most cases, the defendant or a loved one will contact a bail company and arrange for a bail bond after paying a modest fee and perhaps offering some form of collateral.
• The defendant defaults – Bail always comes with conditions. Those conditions can range from simply surrendering your passport to house arrest. If the defendant violates any of the terms of their bail and the court finds out, their bail is revoked and a bench warrant is issued for their arrest.
• Liability for the full bail amount is transferred – Once bail is revoked responsibility for the full bail amount falls to the bail agent or, more likely, to the person who cosigned for the bail bond. If the cosigner put up an asset as collateral (such as a car) that asset becomes subject to liquidation to satisfy the bail amount due.
• Reinstatement is requested – While most people think revocation is the end of the bail process it is not necessarily the case. The defendant through his or her lawyer can apply for bail reinstatement. Such a request typically entails asking that bail be restored to its original terms.
• The defendant appears in person to request reinstatement – If the defendant has not yet been arrested for violating the conditions of their bail but their lawyer has requested reinstatement, the only way the court will consider it is if the defendant appears in person, in court and explains why they failed to appear on their initial court date.
• Bench warrant is removed – If the court is satisfied with the defendant's reason for failing to appear they may agree to reinstate bail, whether with the original terms or with modified terms (see below). In addition, the bench warrant is removed, a new court date for the case is set, the defendant is released again and the case proceeds as if nothing had happened.

Factors the Court Weighs When Deciding Whether to Grant Reinstatement

Bail reinstatement is a privilege and as such the court does not grant it to just anyone. There are any number of factors the judge or magistrate will weigh before deciding to grant bail reinstatement. Those factors include:

The nature of the violation the person is accused of

While there may be exceptions, bail reinstatement is not typically granted in cases where the defendant is charged with a violent crime, a crime involving a gun, a serious drug offense or anything involving children. It is also unlikely the court will grant bail reinstatement if the defendant is accused of domestic violence.

Additional Considerations

In some cases, additional considerations may come into play. Those additional considerations include:

• No additional legal liability – If bail reinstatement is granted the defendant will not be subjected to additional fines, charges or jail time related to the alleged crime.
• The possibility of additional costs for the co-signer – However, it is possible, if the court imposes new conditions on the bail agreement, that the co-signer may incur additional expenses.
• Consent of surety – It is possible the court may require what is known as a "consent of surety" from either the bondsman or the co-signer. Consent of surety means that the bondsman or cosigner (or both) understand and agree with changes that were made by the court to the terms of the defendant's bail.

Whether the defendant poses a threat to the community

If the court deems it possible that members of the community might be endangered by reinstating bail the defendant will probably have their request turned down.

"Threat to the community" could mean the defendant poses a physical threat to a person, that they are likely to cause property damage, or that they have a propensity for threatening, stalking or trying to intimidate others. If the defendant is a gang member they may be considered a threat to the community, just on general terms.

Whether the circumstances surrounding the alleged crime have changed

If the defendant's lawyer has new evidence strongly suggesting the defendant's innocence the court may grant bail reinstatement. The same is true if the state has been made aware of new evidence. Changing circumstances can also include family emergencies.

While there may be exceptions, bail reinstatement is not typically granted in cases where the defendant is charged with a violent crime, a crime involving a gun, a serious drug offense or anything involving children. It is also unlikely the court will grant bail reinstatement if the defendant is accused of domestic violence.

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