By Tillman Clark, Colorado criminal appeals and postconviction attorney. Last reviewed October 2026.
After a felony conviction in Colorado, release while the appeal is pending is the exception, not the rule. For the convictions listed in C.R.S. § 16-4-201.5(1), including murder, crimes of violence and any felony with a firearm, the law doesn't allow it at all. For everyone else, the judge who imposed the sentence must make specific findings first.
Which convictions make bond impossible?
Colorado law does not allow bond pending appeal for anyone convicted of:
Murder
Felony sexual assault involving a deadly weapon
Felony sexual assault on a child under 15
A crime of violence (as defined in C.R.S. § 18-1.3-406)
Any felony during which the person used a firearm
Certain offenses of possessing a weapon as a previous offender, as those offenses existed before March 1, 2022
Child abuse under C.R.S. § 18-6-401(7)(a)(I)
A class 5 felony act of domestic violence under C.R.S. § 18-6-801(7)
A second or later stalking offense within seven years
Stalking while a protection order or similar order was in effect
Source: C.R.S. § 16-4-201.5(1).
What does the judge have to find for everyone else?
The judge can't set bond unless it finds that the person is unlikely to flee, isn't a danger to anyone or to the community, and that the appeal isn't frivolous or filed just to delay. A finding of danger alone ends the request.
In deciding, the judge weighs the offense and the sentence, the person's ties to the community, their record of showing up to court, any risk to witnesses, other pending charges, and how likely the appeal is to succeed. A felony appeal bond also requires a written waiver of extradition.
Who decides, and can a denial be challenged?
The sentencing judge decides. If the judge denies bond, the only way to challenge it is a petition to the appeals court.
Does the prison sentence pause when the appeal is filed?
Only briefly, and only if the defendant asks in writing. A prison sentence can be paused for at most 63 days unless the judge grants bond. Probation continues during the appeal unless the court orders otherwise.
What happens in the first weeks instead?
For most serious-felony families, the honest answer to the bond question is no, and the energy is better spent on the appeal itself. Men sentenced to the Department of Corrections go to the Denver Reception and Diagnostic Center for intake, which the department says takes an average of three to six weeks. Calls usually start once a phone list is approved.
Meanwhile, the 49-day deadline to file the notice of appeal keeps running. What to do in the first days after a verdict.
How I handle these cases
I'm a solo Colorado lawyer, and appeals and postconviction cases are all I do. I spent seven years as a trial lawyer before that. I personally handle every case: I read every page of the record and write every brief myself. In the first conversation, I'll tell you the weaknesses in the case, not just the strengths.
Common questions
What is an appeal bond in Colorado?
Release on bond while a conviction is being appealed. After a felony conviction it's the exception, and Colorado law bars it entirely after murder, crimes of violence, any felony with a firearm and certain other offenses.
Can you get out of prison while your appeal is pending?
Only if the judge grants bond, and only for convictions not on the statutory no-bond list, after finding the person won't flee, isn't a danger, and has a non-frivolous appeal.
Does the sentence start right away if you appeal?
Yes. A prison sentence can be paused for at most 63 days unless bond is granted, and only if the defendant asks in writing.
Learn more: direct appeals and serious felony and homicide appeals.
Talk with Tillman
Consultations are free, and you will speak with me, not with staff. Call 720-507-5814 or send me a message.
This page is general information about Colorado criminal procedure and is not legal advice about any particular case. Rules, statutes and deadlines change; confirm current requirements with a lawyer about your specific situation. Attorney advertising. Prior results do not guarantee a similar outcome.
