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

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

(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.

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.

ANNOTATION

Trial court must hold hearing and make findings on defendant's motion for an appeal bond. People v. Yi, 741 P.2d 1264 (Colo. App. 1987).

But defendant not entitled to a hearing on a motion for an appeal bond pending appeal of a postconviction order, since defendant had already had the opportunity for and the benefit of a meaningful appellate review of his conviction. People v. Roca, 17 P.3d 835 (Colo. App. 2000).