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2024 Colorado Revised Statutes
Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105)
CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002)
Article 4 - Release from Custody Pending Final Adjudication (§§ 16-4-101 — 16-4-304)
Part 2 - BAIL AFTER CONVICTION (§§ 16-4-201 — 16-4-206)
Section 16-4-202 - Appeal bond hearing - factors to be considered
Universal Citation:
CO Rev Stat § 16-4-202 (2024)
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- (1) The court shall consider the following factors in deciding whether or not an appeal bond should be granted and determining the type of bond and conditions of release required:
- (a) The nature and circumstances of the offense before the court and the sentence imposed for that offense;
- (b) The defendant's length of residence in the community;
- (c) The defendant's employment, family ties, character, reputation, and mental condition;
- (d) The defendant's past criminal record and record of appearance at court proceedings;
- (e) Any showing of intimidation or harassment of witnesses or potential witnesses, or likelihood that the defendant will harm or threaten any person having a part in the trial resulting in conviction;
- (f) Any other criminal charges pending against the defendant and the potential sentences should the defendant be convicted of those charges;
- (g) The circumstances of, and sentences imposed in, any criminal case in which the defendant has been convicted but execution stayed pending appeal;
- (h) The likelihood that the defendant will commit additional criminal offenses during the pendency of such defendant's appeal; and
- (i) The defendant's likelihood of success on appeal.
Amended by 2013 Ch. 202,§ 4, eff. 5/11/2013.
L. 72: R&RE, p. 209, § 1. C.R.S. 1963: § 39-4-202. L. 93: Entire section amended, p. 1726, § 3, effective July 1. L. 2013: IP(1) amended, (HB 13-1236), ch. 202, p. 840, § 4, effective May 11.
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