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Motion to Dismiss / Exonerate — Cash-Only Bail
District Court of Colorado, in and for the County of Mesa. Challenge to the imposition of a cash only bail as excessive and unauthorized under the Colorado Constitution, Article II §§ 19 and 20 — arguing that the term "sureties" cannot be read to mean only cash.
Category: Bail / Colo. Const. Art. II §§ 19–20 · Sample motion · Summary public
Source document
File: Motion to Dismiss for excessive bail, unauthorized bail, denial of bail; Motion to exonerate bail — Mesa District Court, State of Colorado
Grounds: Excessive bail · Unauthorized cash only bail · Colo. Const. Art. II §§ 19, 20
Argument outline
I. Introduction. Motion seeking dismissal with prejudice on the ground that constitutionally guaranteed forms of bail were denied when the trial court imposed a cash only bail, constituting excessive bail and pains and penalties.
II. Excessive & unauthorized bail. Colorado Constitution Article II § 20 requires that all persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. The term "surety" (per Black's, 6th ed.) embraces more than cash — including bonds and other security. Court rule does not authorize limiting bail to cash only, and reading § 20 to permit that would contradict the text.
III. Statutory limits. Statute allows the court to set the amount of bail, not the form beyond "sufficient sureties." Imposition of a cash only bail wrongfully removed other lawful forms of surety from the defendant's grasp, violating Colo. Const. Art. II §§ 19 (excessive bail) and 20 (bail, when authorized).
IV. Judicial authority. "A judge may not impose a penalty greater than that allowed by statutes for his court." Absent statutory authority to limit the form of surety, the defendant was deprived of bail by sureties other than cash which he might have procured.
V. Relief. Dismissal of all charges the cash only bail order justified; alternatively, an order requiring the court to cite the authority allowing restriction to a certain form of surety.
The outline above is a working summary. The PDF above is the authoritative source document.