Aurora, CO asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Colorado

Q: How can a judge revoke consent of surety for a charge a jury just acquitted me of and inc bond to 25k and send to jail?

Found not guilty on motor vehicle theft, guilty on obstruction of justice 2nd degree misdemeanor, guilty on criminal tresspass. Judge said I lied when I testified and because he can see more info than the jury he felt I was a danger to be free, even though I had bonded on these charges previously and went to every court date never late never disrespectful all the way through my trial. Had consent of surety filed with court to carry me until January 22 when I will be sentenced after my next trial which takes place on the 22nd regarding a completely unrelated charge. The DA recommended I be released because a jury had just found me not guilty of the felony and because I had the consent of surety filed. Judge revoked surety anyway, increased bond to 25k(paperwork shows the increased bond is for the charge I was just acquitted of by trial jury) and I was then taken into custody and taken to jail and then paid 2500 to bond out.... any explanation as to why this is ok would be awesome.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In your situation, where a judge revokes the consent of surety and increases bond despite an acquittal on some charges, it's important to understand the judge's discretion and the factors they may consider. Judges often have broad discretion in making decisions about bond and pretrial release conditions, especially when they believe there may be a risk to public safety or concerns about the defendant's appearance in future proceedings.

The judge's decision to revoke surety and increase your bond, despite the acquittal on the motor vehicle theft charge, could be influenced by several factors. These include the convictions on other charges, such as obstruction of justice and criminal trespass, and the judge's assessment of your testimony and overall behavior in court. Judges can consider a range of information, including aspects of your conduct and case history that may not have been fully presented to the jury.

While the DA recommended release based on the jury's acquittal of the felony charge, the judge has the authority to weigh other factors, including the nature of the pending charges, your criminal history, and any potential risk you might pose. It's also possible that the judge perceived inconsistencies in your testimony or behavior that influenced their decision.

If you believe that the judge's decision was unjustified or not supported by the facts of the case, you have the option to seek a review of the bond decision. Consulting with your attorney about the best course of action, including filing a motion to reconsider the bond increase or appealing the decision, is advisable. Each case is unique, and legal advice tailored to your specific circumstances is critical in navigating these complex issues.

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