Huerfano County Bail Information

If you've been arrested for DUI in Huerfano County, Colorado, your first concern is likely getting out of jail. Understanding the bail process and your options is crucial. Here's a detailed guide to navigating bail in Huerfano County, drawing on local procedures and realities.

Initial Appearance and Bail Setting

After an arrest by the Colorado State Patrol (CSP), Huerfano County Sheriff's Office (HCSO), or Walsenburg Police Department (WPD), you'll be taken to the Huerfano County Jail at 500 South Albert Street, Walsenburg. Your initial appearance before a judge (likely Judges McKisson or Mann) will typically occur within 48 hours. At this hearing, the judge will formally advise you of the charges against you and set your bail amount.

Bail is essentially a financial guarantee that you will appear in court as required. The amount is influenced by several factors, including:

• Severity of the charges: A DUI with high blood alcohol content (BAC) or involving an accident will likely result in a higher bail.
• Prior criminal record: A history of DUIs or other offenses will increase the bail amount.
• Flight risk: The court will assess whether you are likely to flee the jurisdiction. Factors like out-of-state residency can increase this risk.
• Community ties: Strong ties to the community, such as local employment or family, can help lower bail.

Given Huerfano County's economic realities, with a median household income of roughly $52,139 and a poverty rate of 17.5%, even seemingly modest bail amounts can be difficult to afford.

Options for Posting Bail

You have several options for posting bail in Huerfano County:

1. Cash Bail: You can pay the full bail amount in cash directly to the court. This is the most straightforward option, but often the least feasible for many defendants.

2. Surety Bond: You can hire a bail bondsman who will post a bond on your behalf. This typically requires paying a non-refundable fee, usually 10-15% of the total bail amount. For example, if your bail is set at $1,000, you would pay the bondsman $100-$150. Be aware that the bondsman will require collateral to secure the full bail amount, such as a car title or property deed. Failure to appear in court will result in the bondsman seizing the collateral to cover the forfeited bail.

3. Property Bond: You can use real property as collateral to secure your release. This requires demonstrating clear title to the property and obtaining a court-approved appraisal. The equity in the property must be equal to or greater than the bail amount. This option can be complex and time-consuming.

4. Personal Recognizance (PR) Bond: In some cases, the judge may release you on a PR bond, also known as a "signature bond." This means you are released without having to pay any money upfront, but you sign a written promise to appear in court. A PR bond is typically granted to defendants with strong community ties, minimal criminal history, and low flight risk.

Factors Affecting Your Ability to Obtain Bail

Several factors can impact your ability to secure bail in Huerfano County:

• High BAC: If your breath test result on the Intoxilyzer 9000 at the HCSO/WPD station was significantly above the legal limit (0.08%), the judge may be less inclined to grant a low bail or PR bond.
• Refusal to Submit to Testing: Refusing to take a breath or blood test can also negatively impact your bail prospects. While you have the right to refuse, the court may view it as an indication that you have something to hide.
• Accident Involvement: If your DUI arrest involved an accident, especially one resulting in injuries or property damage, the judge will likely set a higher bail.
• "The Heat Is On" Arrest: If your arrest occurred during a CDOT "The Heat Is On" campaign period (e.g., New Year's Eve, Super Bowl Weekend, Memorial Day to Labor Day, Thanksgiving), the arresting officer may have been under pressure to make arrests, potentially influencing the circumstances of your stop and arrest. This is something your attorney can investigate.

What to Do After Posting Bail

Once you have posted bail, you will be released from the Huerfano County Jail. It is crucial to comply with all conditions of your release, including:

• Attending all scheduled court appearances.
• Avoiding any further arrests.
• Refraining from alcohol or drug use.
• Complying with any other conditions imposed by the court, such as attending AA meetings or undergoing substance abuse evaluation.

Failure to comply with these conditions can result in your bail being revoked and you being returned to jail.

Seeking Legal Representation

Given the complexities of DUI law and the potential consequences of a conviction, it is highly recommended that you seek legal representation from an experienced DUI attorney. An attorney can:

• Negotiate with the prosecutor to potentially reduce the charges or penalties.
• Challenge the evidence against you, such as the accuracy of the breath test or the legality of the traffic stop.
• Represent you at trial if necessary.
• Advise you on the best course of action to protect your rights and your future.

Remember, the demographic composition of Huerfano County, with an older population, often correlates with more conservative views on law and order, potentially influencing conviction rates in jury trials. A skilled attorney can help you navigate this challenging legal landscape.

If you're facing a DUI charge in Huerfano County, contact the Huerfano County Combined Court at 400 Main Street, Walsenburg, CO 81089 or call (719) 738-1240 to confirm bail procedures and court dates.