Every holiday season, I receive a lot of last minute phone calls from my clients. If you are on a bond, you are not allowed to leave the State of Colorado without two things:
- Consent of your surety (who ever posted your bond);
- Consent from the Court to allow you to leave the State of Colorado.
The reason is simple. Bond is a contact between you and the County where you were arrested. Bond is simply collateral to make sure that you show up at all of you Court dates. If you leave the State of Colorado, the Court considers this to be a greater risk that you will not show up for your future Court dates. Bond can be found in Colorado Revised Statutes 14-4-101 to 16-4-104.
The process to allow you to leave the State is not difficult but it can be consuming. The reason for the delay can range from:
- THE BONDS PERSON (also known as the surety) – We are required to get a written consent from the surety. Sometimes the surety requires you to come in for a face-to-face meeting, or to provide paperwork detailing your travel plans, or to sign additional paperwork to secure their risk;
- THE COURT – You will need to get written consent from the Court. The Court has a lot of discretion in to what it may require before it allow you to travel. The Court may require you to provide written proof of your travel plans (flights and hotel reservations). The Court may require you to appear for a hearing. It may take days, or weeks before the Court even makes a decision. Sadly, it may take time.
- THE LAWYER – We cannot make the surety scan and email us a consent of surety. We can call a Court Clerk daily, but it seems sometimes this just make the Court stall. It is frustrating for all.
My advice is this, if you are thinking of traveling out of State, please do. Just make sure you give your attorney enough notice to allow you to leave the state.