Address:
222 East Second Street
La Junta, CO 81050
Phone:
719-384-5941
What kind of bonds are accepted in Otero County?
Who can set bail in Otero County?
When is bail set in Otero County Colorado?
Yes, Colorado is a bail state and therefore Otero County has bail. Once bail is paid or the accused secures a bond accepted by the courts, the accused should be released within 6 hours of when the jail is notified, unless ankle bracelet monitoring or other conditions requiring more time have to be set up.
Otero County Colorado recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
A bond hearing officer sets bail in Colorado.This officer must be an attorney and can set bail for any court in the state and is available on weekends and holidays via audio-visual technology that allows the public to view the hearing.
Bail is set in Colorado the first time the accused is brought into court, usually directly from jail within 48 hours after the arrest. This first appearance to determine bail or bond is called initial appearance or 1st advisement. Bail can be determined before criminal charges are read. The judge will advise the arrested that they are being investigated and will set bail except for cases involving homicide.
Bail is what the arrested in Otero County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Otero County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will remain detained in the Otero County Jail until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
Bail and bond are used interchangeably to mean the same thing but technically, they are different.
The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions.
Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Otero County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid. Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid. Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Yes, Colorado is a bail state. Once bail is paid or the accused secures a bond accepted by the courts, the accused should be released within 6 hours of when the jail is notified, unless ankle bracelet monitoring or other conditions requiring more time have to be set up.
Otero County Colorado recognizes most types of bonds. The court will consider what type of bonds will be accepted depending on the circumstances of the arrest.
A bond hearing officer sets bail in Colorado.This officer must be an attorney and can set bail for any court in the state and is available on weekends and holidays via audio-visual technology that allows the public to view the hearing.
Bail is set in Colorado the first time the accused is brought into court, usually directly from jail within 48 hours after the arrest. This first appearance to determine bail or bond is called initial appearance or 1st advisement. Bail can be determined before criminal charges are read. The judge will advise the arrested that they are being investigated and will set bail except for cases involving homicide.
Yes, the accused can ask for bail reduction at the second court appearance if it was set by a judge at the first appearance.
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of Colorado could be the surety and execute a bond to the court on your behalf.
Yes, each jail has an online payment system. To contact the jail for online payment information, go to the Otero County Jail for more information about the jails in Otero County.
Cash is accepted. Personal checks are not accepted but a certified check, money order or cashier’s check are accepted. Payment of bail by credit cards is permitted.
Contact your Clerk of Court, sheriff’s office or police station clerk to ask how cash can be paid for bail. To contact the jail for information about cash payments, go to the Otero County Jail for more information about the jails in Otero County.
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount.
If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
The jail or court can provide you with a list of approved and licensed bond companies in Otero County but they cannot recommend a specific company. You can read reviews about bond companies or get recommendations.
Find out exactly how much a bondsperson would charge, including extra costs. There is never a reason to rush through signing the paperwork with a bond company.
Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
Effective January 1, 2022
1. Bond fees, booking fees, and other fees or debts never need to be paid to secure a person’s release on money bond. A payor need only pay the bond amount in order to secure release.
2. While never a basis to hold a defendant in jail, the following fees are chargeable as a debt to the defendant after release if the payor chooses not to pay the fees at the time of bonding: a $10 bond fee and a maximum 3.5% credit card payment fee. No other bond-related fees may be charged at any time, including any kiosk fees or fees for payment by cash, check, or money order.
3. Bond payments are to be made out to the holding county and are never to be made out in the name of the incarcerated person.
4. A sheriff must release a defendant within six hours after a personal recognizance bond is set and the defendant has returned to jail or within six hours after a cash bond has been set and the defendant has returned to jail and the defendant or surety notified the jail that bond is prepared to be posted, unless extraordinary circumstances exist. In the event of a delay of more than six hours, a surety and the defendant have a right to know what, if any, extraordinary circumstance is causing the delay. Supervisory conditions of release do not justify a delay in release; except that a sheriff may hold a defendant for up to 24 hours if necessary to ensure a defendant is fitted with required electronic monitoring.
5. Anyone who posts a money bond has the right to receive a copy of the bond paperwork, including documentation of the next upcoming court date.
6. A surety may never be asked to use posted bond money to pay a defendant’s debts. Only when defendants have posted their own money bond may they be asked if they would like to voluntarily relinquish bond money to pay their debts. Relinquishment of bond money by a defendant to pay a debt is never required and is entirely a voluntary choice by the defendant.
Bail bond procedures in Otero County and Colorado can vary, so it is best to contact Otero County Jail at 719-384-5941 or the court in the jurisdiction where the defendant was charged (e.g., Municipal Court, District Court) right after the arrest to confirm current policies.
Ask the staff at Otero County Jail or the Otero County Court Clerk these key questions:
If the bail amount seems high, you can contact a lawyer or the defendant’s public defender to explore options for a bail reduction. Starting the process early will help expedite the defendant’s release.
Having a lawyer or bail agent handle the details can help the process go smoothly.
Option 1 - How to Post Cash Bail at Otero County Jail
To post a cash bond, you need to pay the full bail amount in cash, cashier’s check, or money order. Personal checks are not accepted.
Bail amounts range from $100 to $75,000 or more depending on the charges.
You can post a cash bond at Otero County Jail or the court where the bail hearing took place. Going directly to the jail will speed up the process, as paperwork from the court must be transferred there.
Cashier’s checks and money orders should be made payable to Otero County Jail, the Otero County Sheriff’s Office, or the Otero County Court.
Money orders can be obtained from Western Union, Moneygram, or any Post Office.
Option 2 - How to Post a Surety Bond for a Defendant at Otero County Jail
If the full bond amount is not available, a surety bond is an option. A bail agent will post the bond in exchange for a premium, usually 10-15% of the total bail amount.
For example, if bail is set at $5,000, the premium will range from $500 to $750.
The bail agent may require collateral, such as property or valuables, to secure the bond in case the defendant fails to appear in court.
By signing an agreement with a bail agent, you become responsible for the full bail amount if the defendant does not appear in court.
Option 3 - How to Post a Property Bond for a Defendant at Otero County Jail
If you own property in Otero County, you may be able to post a property bond. All owners must be present to sign the bond agreement.
For properties outside of Otero County, contact a local bail agent or attorney for guidance.
Click here for more details about posting bail at Otero County Jail.
Anyone over the age of 18 who can produce a valid government-issued photo ID can post bail. Accepted forms of ID include a Photo Driver's License, Passport, or Motor Vehicle issued ID.
In many circumstances, if the defendant has the resources, they can post their own cash bail from jail.
Surety Bonds are arranged by a third party, typically a Colorado state licensed Bail Bond firm.
Juveniles may only be bailed or bonded out of custody by a parent or legal guardian.
