All defendants must agree to meet certain requirements known as “conditions” or “bond conditions.” The most important of these is personal appearance at all court proceedings. Failure to attend hearings may result in an arrest warrant being issued and loss of the entire bond amount. In addition, “Failure to Appear,” is a criminal offense that can be added to the defendant’s existing sentence and result in imprisonment of 6 months to 1 year as well as loss of eligibility for probation or suspended sentence. (’18-8-212, C.R.S.) Other standard conditions a defendant must agree to include staying in the state in which they were convicted while released on bail and acknowledging the existence of a mandatory restraining order that prohibits contact with the alleged victim and witnesses. Lastly, defendants are typically required to send immediate notification to the court if there is any change in residence or mailing addresses.

A bail bonding agent is authorized to deposit a defendant’s appearance bond as a guarantee that he or she will appear whenever required. Bail bonding agents are paid a premium, which is usually nonrefundable, to post the bond. Agents must be licensed by the State in which they operate and have an appointment from an insurance company or be a qualified cash bonding agent. If the defendant fails to appear, the court may order the bond “forfeited” and require the bail bond agent to fulfill the full amount of the bond. Bail bonding agents have the right to apprehend, return the defendant to custody, or use collateral taken for the bond to pay the bond forfeiture and costs.

If allowed by a court, defendants may deposit valued property to guarantee appearance at all court proceedings. Property bonds may only be obtained from a court and will be held by the clerk until a verdict has been reached. Some jurisdictions allow unencumbered equity in Colorado real estate to serve as a property bond. Equity of no less than 1&1/2 times the bail amount is required. Some courts do not allow real estate to be used as a property bond. Requirements and procedures for property bonds vary between jurisdictions.