Getting arrested is disorienting. This post walks you through exactly what happens in the first 48 hours after an arrest in Colorado, what bond actually means, and the single most important thing you can do to protect yourself from the moment you are taken into custody.
You Will See a Judge Within 48 Hours
Colorado law requires that anyone arrested be brought before a judge within 48 hours. That first appearance is called an advisement hearing. The judge will inform you of the charges against you and set your bond. Until that hearing happens, you are in custody.
What you do during those hours in custody matters more than most people realize.
Everything You Say in Jail Is Being Recorded
This is the part people get wrong, and it is the part that can damage a case before it even begins.
When you are in custody, every conversation you have is being recorded. Phone calls. Conversations with other inmates. Interactions with deputies. All of it. There is one exception: calls made to your attorney over a confidential attorney line are protected. Everything else is fair game for prosecutors.
Two rules to follow from the moment you are arrested:
- Get an attorney as soon as possible.Not after the hearing. Not once you are out on bond. As soon as possible.
- Do not discuss your case with anyone while in custody.You do not know who is listening, who is cooperating with prosecutors, or how your words will be used. Silence protects you. Talking does not.
The Three Types of Bond in Colorado
Once the judge sets your bond, it will fall into one of three categories.
1 Personal Recognizance Bond (PR Bond)
This is the best outcome at a bond hearing. A PR bond means you sign a document promising to return for all future court dates. No money changes hands. You walk out. As long as you appear at every hearing, you owe nothing. The judge grants this when they believe you are not a flight risk and do not pose a danger to the community.
2 Cash or Surety Bond
A cash or surety bond sits in the middle. The judge sets a dollar amount. You have two options: pay the full amount directly to the court, or work with a bail bondsman. A bondsman will typically charge around 10 percent of the total bond as their fee to post the full amount on your behalf. That 10 percent is non-refundable, but it gets you out without paying the full sum upfront.
3 Cash Only Bond
A cash only bond is the most restrictive option. The judge sets a specific dollar amount, and you must pay that exact amount in cash to be released. No bondsman. No surety. If the judge sets a $2,000 cash only bond, $2,000 must be paid before you walk out. These are typically reserved for higher-risk situations or repeat offenders.
Why an Attorney at the Bond Hearing Changes the Outcome
The bond hearing feels like a formality. It is not. The arguments made at that hearing directly affect whether you go home or stay in custody, and how much it costs your family to get you out. An attorney who is present and prepared can argue for a lower bond, advocate for a PR bond, and begin shaping how the court sees you from day one.
The earlier you get an attorney involved, the more options you have. That is true at the bond hearing, and it is true at every stage of a criminal case.
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As you deal with an arrest or any criminal charges, you are going to require an attorney who is competent and efficient in handling your case. Colorado Criminal Defense Attorney Casey Krizman is experienced and available to defend the rights of his clients and navigate them to a positive result. Mr. Krizman handles cases with his relentless will, and with aggressive, zealous, and caring advocacy. Call Krizman Law today at 720.819.7317.
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