Bail and Pretrial Motions in Colorado Criminal Proceedings: What You Should Know
If you’ve been arrested in Colorado, the first phases of your case can unfold quickly. The court’s decisions about bail and early procedural motions set the tone for everything that follows.
At Whitaker & Penix, LLC, we bring courtroom experience and strategic insight to the early stages of every case. From fighting for fair bail terms to filing powerful pretrial motions, we use the available legal tools to protect your rights. Call our Summit County Criminal Defense Lawyers today! Call (970) 368-0602 for a free consultation. Your defense starts now.
Understanding Bail in Colorado
Bail is a financial guarantee that a defendant will return to court for future hearings. If bail is granted, the defendant is released from custody while the case proceeds.
Bail is usually determined at a bail hearing, which occurs shortly after arrest. The judge may set a cash amount, approve a personal recognizance bond (no money required), or attach conditions such as GPS monitoring or treatment programs.
Colorado law presumes the right to bail in most non-capital cases. But a judge may deny bail if the defendant is accused of a severe crime.
Bail is set based on several factors, including:
- Severity of the charges
- Flight risk
- Criminal history
- Ties to the community
- Risk to public safety
Bond Reduction Motions
In many cases, defendants can’t afford the original bail amount. That’s where a motion to reduce bond comes in. Your attorney can petition the court to lower the bail amount based on:
- Change in circumstances
- Improperly high original bail
- Strong ties to the local area
- Evidence of rehabilitation
At Whitaker & Penix, LLC, we frequently argue for bond reduction by highlighting our clients’ employment history, family support, and lack of flight risk. We also push for non-financial conditions when appropriate, such as supervised release.
How Pretrial Motions Can Change the Course of a Case
Once bail has been set or a client is released, the focus shifts to building a pretrial strategy for the criminal case. Early motions can limit the prosecutor’s evidence, move the case to a more favorable location, or even result in a dismissing the case altogether.
Motion to Suppress
A motion to suppress challenges the legality of how evidence was obtained. If police conducted an unlawful search or seizure, any resulting evidence (like drugs, weapons, or statements) could be ruled inadmissible.
Common examples include:
- Conducting a search without a warrant or probable cause
- Unlawful traffic stop
- Coerced confessions
- Illegal wiretaps
If the motion is successful, the prosecution may lose its strongest evidence. We’ve had cases where a successful suppression motion resulted in full case dismissals or a significant reduction of charges.
Motion for Discovery
During the discovery process, attorneys for the defense and prosecution share evidence that will be submitted at trial. A motion for discovery ensures the defense receives evidence such as:
- Police reports
- Lab results
- Surveillance footage
- Witness statements
- Expert findings
We use this motion to get ahead of the prosecution’s case. By examining the full discovery, we can challenge inconsistencies, find exculpatory evidence, and prepare for trial with confidence.
Motion to Change Venue
In high-profile cases or in small communities, it may be difficult to find an impartial jury. A motion to change venue asks the court to move the trial to another jurisdiction to protect the defendant’s right to a fair trial.
The Role of the Preliminary Hearing
Most felony cases in Colorado begin with a preliminary hearing, a procedural hearing where the judge decides if there is enough evidence to proceed with formal charges. This is one of the most strategic points in a case. The defense can:
- Cross-examine witnesses
- Preview the prosecution’s evidence
- Challenge weak or fabricated charges
Our legal team may be able to use preliminary hearings to get charges dismissed before trial. We can also expose unreliable witnesses and police overreach. A preliminary hearing allows us to evaluate whether a plea deal is worth considering, or if a trial is the better path.
The Right to a Speedy Trial in Colorado
Under Colorado law (C.R.S. § 18-1-405), defendants have a right to a speedy trial, within six months of entering a not guilty plea. If this timeline is violated and the delay is not due to the actions taken by the defense, the case may be dismissed. We examine every angle of venue, bias, and court procedure and monitor deadlines to enforce your speedy trial rights.
Leveraging Pretrial Tools to Your Advantage
At Whitaker & Penix, LLC, we don’t wait until trial to start fighting for our clients. At the bail hearing, we advocate for release on the least restrictive conditions possible. We file early motions to suppress illegally obtained evidence, demanding full discovery, and push back on incomplete or hidden reports. These strategies are opportunities to change the outcome before trial begins.
Our approach to bail and pretrial motions is built on:
- Deep knowledge of Colorado statutes and court procedures
- Strong working relationships with local judges and prosecutors
- A proactive mindset to weaken the prosecution’s case early
Early Legal Intervention Is Crucial for Your Defense
Many defendants wait too long to hire a criminal defense lawyer, thinking they can handle early court dates alone, but this can be a huge mistake. The decisions made at your bail hearing and in the first few weeks of your case can:
- Influence whether you remain in custody
- Affect your job, housing, and family life
- Limit what evidence can be used against you
- Shape your plea options or trial preparation
The sooner you involve a knowledgeable Breckenridge criminal defense lawyer, the more control you have over your future.
Speak With an Experienced Criminal Defense Lawyer in Summit County
If you’ve been arrested in Breckenridge or anywhere in the 6th Judicial District, it’s time to find aggressive legal representation. We are available to take your call 24/7.
Kylie Whitaker and Ehren Penix both have experience as criminal prosecutors and in private practice. Whitaker & Penix, LLC proudly holds an A+ rating from the Better Business Bureau.
Call (970) 368-0602 for a free consultation. Your defense starts now.