Therefore, the Supreme Court held that he couldn’t be convicted of violating the circumstances of his bail by possessing the firearm however might be convicted primarily based on committing a felony. People of the State of Colorado v. Hoover, 2005 WL (Colo. App. March 24, 2005) held that a submit-conviction bond pending appeal can be “money only.” The defendant was convicted of a number of counts of securities fraud and sentenced to 100 years in prison. He applied for bond pending enchantment, and the trial court docket set it at $1 million money solely. The Court held that the constitutional proper to bail applied solely prior to conviction and that release on bond pending attraction was purely a question of statute.
The statute gave the trial court considerable discretion to disclaim bail or to set circumstances together with private recognizance, security by money or deposit of property or safety by an approved surety. The trial court’s determination was not an abuse of discretion and was affirmed. Summary judgment was ultimately entered towards the surety, and the surety moved to vacate it and exonerate the bond.
The statute supplies for remission of up to 90% if apprehension is within 270 days but of as much as 50% if apprehension is between one and two years after forfeiture. The court docket of appeals held that the date of “apprehension” is the date the defendant is taken into custody in another jurisdiction, not the date of return to custody in the … Read More