Colorado Revised Statutes
Colo. Rev. Stat. § 16-4-204 (2024)
Appellate review of terms and conditions of bail or appeal bond
✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) After entry of an order pursuant to section 16-4-109 or 16-4-201, the defendant or the state may seek review of said order by filing a petition for review in the appellate court. If an order has been entered pursuant to section 16-4-104, 16-4-109, or 16-4-201, the petition shall be the exclusive method of appellate review.
(2) The petition shall be in writing, shall be served as provided by court rule for service of motions, and shall have appended thereto a transcript of the hearing held pursuant to section 16-4-109 or 16-4-203. The opposing party may file a response thereto within seven days or as provided by court rule.
(3) After review, the appellate court may:
(a) Remand the petition for further hearing if it determines that the record does not disclose the findings upon which the court entered the order; or
(b) Order the trial court to modify the terms and conditions of bail or appeal bond; or
(c) Order the trial court to modify the terms and conditions of bail or appeal bond and remand for further hearing on additional conditions of bail or appeal bond; or
(d) Dismiss the petition.
(4) Nothing contained in this section shall be construed to deny any party the rights secured by section 21 of article II of the Colorado constitution.
Source: L. 72: R&RE, p. 211, § 1. C.R.S. 1963: § 39-4-204. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 848, § 69, effective July 1. L. 2016: (1) and (2) amended, (SB 16-189), ch. 210, p. 759, § 26, effective June 6.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1987–2026 · leading case: In re People v. Jones, 2015 CO 20, 346 P.3d 44.
In re People v. Jones, 2015 CO 20, 346 P.3d 44. “Jones appealed to the court of appeals according to the expedited procedure of section 16-4-204, C.R.S. (2014), but that court found itself to be without jurisdiction to entertain an expedited appeal from an order entered pursuant to section 105(8).”
In re The People of the State of Colorado, Plaintiff: v. Richard Lewis. Defendant:, 555 P.3d 576 (Colo. 2024). “Original Jurisdiction ¶9 The county court suggests that jurisdiction is improper because section 16-4-204, C.R.S. (2023), is the exclusive method of appellate review for appeal bond denials under section 16-4-201.”
People v. Rodriguez, 43 P.3d 641 (Colo. Ct. App. 2001). “Section 16-4-204(1), C.R.S. 2000 provides that, after a trial court enters an order pursuant to § 16-4-201, "the defendant or the state may seek review of said order by filing a petition for review in the appellate court.”
People v. Kyu Ho Yi, 741 P.2d 1264 (Colo. Ct. App. 1987). “Appellate review of a trial court’s order ruling on a motion for an appeal bond is governed by § 16-4-204, C.R.S. (1986 Repl. Vol. 8A), Crim.”
People v. Fallis, 2015 COA 75, 353 P.3d 934. “Section 16-4-204, C.R.S.2014, which provides for appellate review of terms and conditions of bail, prescribes the potential actions an appellate court may take regarding a petition for review of a bail order.”
People v. Jenkins, 2025 COA 90, 583 P.3d 444. “ing Final Adjudication — Appellate Review of Terms and Conditions of Bail or Appeal Bond; Appellate Procedure — Appeals in Criminal Cases — Time for Filing a Notice of Appeal Addressing an unresolved issue of Colorado law, a division of the court of appeals considers whether a…”
People v. Roca, 17 P.3d 835 (Colo. Ct. App. 2000). “The panel reasoned that meaningful appellate review cannot occur without a ree-ord, and pointed to § 16-4-204(2), CRS. 2000, which states that the petition for such appellate review "shall have appended thereto a transcript of the hearing held" in the trial court on the motion…”
People v. Jones, 2014 COA 122, 338 P.3d 1128. “" [ 14 Defendant filed a petition for review in this court at the beginning of June 2014, relying on section 16-4-204(1), C.R.S.2018. He asked us to "reverse" the trial court's decision to jail him without bond, and to order the trial court "to set bond in this case.”
People v. Rodriguez-Nunez, No. 25CA2183 (Colo. Ct. App. June 4, 2026). “He now petitions under section 16-4-204(1), C.R.S. 2025, for review of the district court’s order denying his request for bond modification.”
Elliott v. Brown, No. 1:20-cv-00964 (D. Colo. May 4, 2020). “Elliott filed a petition in the Colorado Court of Appeals for review of the trial court’s order concerning bond pursuant to Colo. Rev. Stat. § 16-4-204 . ECF No. 1-17.”
People v. Johnson, 2017 COA 97, 488 P.3d 232. “” Finally, section 16-4-204, C.R.S. 2016, permits appellate review of any order setting terms and conditions of bond or “appeal bond,” pursuant to “section 16-4-109 or 16-4-201.”
Colo. Rev. Stat. § 16-4-204(1): 6 cases
In re People v. Jones, 2015 CO 20, 346 P.3d 44. “Jones appealed to the court of appeals according to the expedited procedure of section 16-4-204, C.R.S. (2014), but that court found itself to be without jurisdiction to entertain an expedited appeal from an order entered pursuant to section 105(8).”
People v. Rodriguez, 43 P.3d 641 (Colo. Ct. App. 2001). “Section 16-4-204(1), C.R.S. 2000 provides that, after a trial court enters an order pursuant to § 16-4-201, "the defendant or the state may seek review of said order by filing a petition for review in the appellate court.”
In re The People of the State of Colorado, Plaintiff: v. Richard Lewis. Defendant:, 555 P.3d 576 (Colo. 2024). “Original Jurisdiction ¶9 The county court suggests that jurisdiction is improper because section 16-4-204, C.R.S. (2023), is the exclusive method of appellate review for appeal bond denials under section 16-4-201.”
People v. Jones, 2014 COA 122, 338 P.3d 1128. “" [ 14 Defendant filed a petition for review in this court at the beginning of June 2014, relying on section 16-4-204(1), C.R.S.2018. He asked us to "reverse" the trial court's decision to jail him without bond, and to order the trial court "to set bond in this case.”
People v. Jenkins, 2025 COA 90, 583 P.3d 444. “ing Final Adjudication — Appellate Review of Terms and Conditions of Bail or Appeal Bond; Appellate Procedure — Appeals in Criminal Cases — Time for Filing a Notice of Appeal Addressing an unresolved issue of Colorado law, a division of the court of appeals considers whether a…”
Colo. Rev. Stat. § 16-4-204(2): 2 cases
People v. Kyu Ho Yi, 741 P.2d 1264 (Colo. Ct. App. 1987). “Appellate review of a trial court’s order ruling on a motion for an appeal bond is governed by § 16-4-204, C.R.S. (1986 Repl. Vol. 8A), Crim.”
People v. Roca, 17 P.3d 835 (Colo. Ct. App. 2000). “The panel reasoned that meaningful appellate review cannot occur without a ree-ord, and pointed to § 16-4-204(2), CRS. 2000, which states that the petition for such appellate review "shall have appended thereto a transcript of the hearing held" in the trial court on the motion…”
Colo. Rev. Stat. § 16-4-204(3): 1 case
People v. Kyu Ho Yi, 741 P.2d 1264 (Colo. Ct. App. 1987). “Appellate review of a trial court’s order ruling on a motion for an appeal bond is governed by § 16-4-204, C.R.S. (1986 Repl. Vol. 8A), Crim.”
Colo. Rev. Stat. § 16-4-204(3)(a): 2 cases
People v. Kyu Ho Yi, 741 P.2d 1264 (Colo. Ct. App. 1987). “Appellate review of a trial court’s order ruling on a motion for an appeal bond is governed by § 16-4-204, C.R.S. (1986 Repl. Vol. 8A), Crim.”
People v. Rodriguez-Nunez, No. 25CA2183 (Colo. Ct. App. June 4, 2026). “He now petitions under section 16-4-204(1), C.R.S. 2025, for review of the district court’s order denying his request for bond modification.”
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