Appeal bond hearing - factors to be considered.

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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:

  1. The nature and circumstances of the offense before the court and the sentence imposed for that offense;

  2. The defendant's length of residence in the community;

  3. The defendant's employment, family ties, character, reputation, and mental condition;

  4. The defendant's past criminal record and record of appearance at court proceedings;

  5. Any showing of intimidation or harassment of witnesses or potential witnesses, orlikelihood that the defendant will harm or threaten any person having a part in the trial resulting in conviction;

  6. Any other criminal charges pending against the defendant and the potential sentencesshould the defendant be convicted of those charges;

  7. The circumstances of, and sentences imposed in, any criminal case in which thedefendant has been convicted but execution stayed pending appeal;

  8. The likelihood that the defendant will commit additional criminal offenses during thependency of such defendant's appeal; and

  9. 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.


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