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New Colorado Law Aims to Reduce Pre-Trial Jail Stays

Typically, after a person is arrested, they must wait in jail until they post bond or until their scheduled hearing date. Unfortunately, being released from custody is not always quick, and the length of stay could be unnecessarily extended due to lack of resources. Not only does this cost taxpayers a great deal of money, but it also keeps innocent people detained for longer than they should be. However, a criminal justice reform law in Colorado will reduce pre-trial jail stays.

Presumption of Innocence

Every person arrested for a crime is considered innocent until proven guilty. With pre-trial jail stays, an individual who has not presented their case in court and has not been convicted could be being unfairly penalized for something they might not have done. Additionally, because the arrest is based off allegations as opposed to proof, they pose no risk to society and should not be held in custody, especially if the chances of them fleeing before trial are slim to none.

New Bond Time Limits

Colorado policymakers took aim at the injustices of extended pre-trial jail time by proposing SB19-191. The measure, which was signed into law in May of 2019, creates new bond requirements courts must follow when a person has been arrested for an offense.  

Under the new law, unless extraordinary circumstances exist:

  • The individual in custody must be allowed to post bond within 2 hours of the court sending the order to law enforcement;
  • The person cannot be charged more than a $10 processing fee for posting bond. Additionally, no other surcharges can be applied, except those associated with credit card transactions;
  • The individual being held in jail must be released within 4 hours of posting bond. This time limit can only be extended if the person needs to be fitted with an electronic monitoring device; and
  • Even if the defendant cannot pay fees or costs, if they can meet the terms of their bond, they should be released from custody

Speak with David L. Owen, Jr., P.C. About Your Case Today

If you were charged with a criminal offense, Attorney David L. Owen, Jr. can provide the legal defense you need. He been practicing law for decades and has handled complex criminal cases in Denver, including drug crimes, assault charges, and domestic violence offenses. With in-depth knowledge of the criminal justice system, he can help you understand your rights as you move through the system.

Schedule your free consultation by calling us at (303) 622-3281 or contacting us online.

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