Colo. Rev. Stat. » Title 16
Colorado Revised Statutes

Colo. Rev. Stat. § 16-4-202 (2024)

Appeal bond hearing - factors to be considered

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(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.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1987–2024 · leading case: In re The People of the State of Colorado, Plaintiff: v. Richard Lewis. Defendant:, 555 P.3d 576 (Colo. 2024).
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In re The People of the State of Colorado, Plaintiff: v. Richard Lewis. Defendant:, 555 P.3d 576 (Colo. 2024). · cites it 7× “It further urged the court to examine the factors set forth under section 16-4-202, C.R.S. (2023), when considering an appeal bond.”
People v. Roca, 17 P.3d 835 (Colo. Ct. App. 2000). · cites it 6× “Section 16-4-202, C.R.S.2000, lists the factors to be considered by the trial court in deciding whether an appeal bond should be granted.”
People v. Kyu Ho Yi, 741 P.2d 1264 (Colo. Ct. App. 1987). · cites it 2× “In addition, § 16-4-202, C.R.S. (1986 Repl. Vol. 8A) sets forth the factors to be considered by the trial court in the “appeal bond hearing.”
People v. Stewart, 26 P.3d 17 (Colo. Ct. App. 2001). · cites it 2× “See § 16-4-202, C.R.S.1999 (factors to be considered in considering an appeal bond).”
People v. Johnson, 2017 COA 97, 488 P.3d 232. “” Section 16-4-202, C.R.S. 2016, sets forth the factors a court should consider in determining whether to grant an “appeal bond,” including the defendant’s likelihood of success on appeal, see § 16-4-202(1)(i), and section 16-4-203(1), C.”
Robert Lee Jeffrey, Jr. v. Commonwealth of Virginia, 884 S.E.2d 225 (Va. Ct. App. 2023). “”); Colo. Rev. Stat. § 16-4-202 (stating the court shall consider “[t]he defendant’s likelihood of success on appeal” as a factor in deciding whether or not an appeal bond should be granted).”
Colo. Rev. Stat. § 16-4-202(1)(i): 1 case
People v. Roca, 17 P.3d 835 (Colo. Ct. App. 2000). “Section 16-4-202, C.R.S.2000, lists the factors to be considered by the trial court in deciding whether an appeal bond should be granted.”
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