Colorado § 16-4-202 Appeal bond hearing - factors to be considered

Colorado Statutes

§ 16-4-202 — Appeal bond hearing - factors to be considered

Colorado·Title 16 Criminal·Art. Release from Custody Pending

(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

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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.

Colorado § 16-4-202 (Appeal bond hearing - factors to be considered) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: 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.