The Colorado criminal defense attorneys of McDermott Stuart & Ward LLP work with clients to resolve domestic violence cases that often involve bond being posted.

Domestic violence allegations can move quickly when the police have determined probable cause and a mandatory arrest is made. If you are facing domestic violence charges, it is imperative that you hire a lawyer with experience navigating these types of criminal law matters.

Mandatory Arrest in Colorado Domestic Violence Matters

Colorado is a “mandatory arrest” state which requires the arrest of any suspect a police officer believes committed an act of domestic violence shall be arrested. (See CRS 18-6-803.6). This means that the police officers do not have discretion to not charge or not proceed by writing a summons.

In Colorado, a police officer must make an arrest if they believe an act of domestic violence has taken place. This law often has the unintended consequence of arresting and charging innocent individuals.

Bail Bonds in Colorado Domestic Violence Cases

Once a person is arrested a Colorado court must set a defendant’s conditions of release, also known as bond or bond conditions.

The court must determine what type of bond to set and different types of bond include the following:

• Cash
• Surety
• Property

In addition, courts can release a defendant on their own personal recognizance which is often referred to as a “P.R.” bond. A surety bond allows a defendant to engage the services of a bondsman. The bondsman will pay the bond while charging the defendant a nonrefundable premium.

A defendant is afforded the right to an attorney at a bond hearing. Engaging a criminal defense lawyer before the bond hearing can literally save a defendant thousands of dollars.