A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.
Description: The California Motion to Release Defendant and Set Reasonable Bail is a legal document filed by the defense attorney, requesting the release of the accused individual from custody while awaiting trial. This motion presents arguments and evidence that justify the defendant's release and proposes an appropriate bail amount that is reasonable given the circumstances of the case. Keywords: California, motion to release defendant, set reasonable bail, legal document, defense attorney, accused individual, custody, trial, arguments, evidence, bail amount, reasonable, circumstances. Different Types of California Motion to Release Defendant and Set Reasonable Bail: 1. Pretrial Release Motion: This type of motion is filed by the defense attorney before trial, seeking the release of the defendant from custody based on various factors such as the defendant's ties to the community, lack of flight risk, and assurance of appearing for court proceedings. 2. Bail Reduction Motion: If the originally set bail amount is considered unreasonably high or excessive, the defense attorney can file a motion to request a reduction in bail based on the defendant's ability to pay or other mitigating factors. 3. Motion for Release on Personal Recognizance (OR Motion): This motion requests the defendant to be released without the requirement of posting bail, emphasizing the defendant's strong community ties, stable employment, lack of criminal history, and the absence of flight risk. 4. Motion for Electronic Monitoring and House Arrest: In cases where the defendant poses a low flight risk or is a non-violent offender, the defense attorney may submit a motion suggesting the use of electronic monitoring or house arrest as an alternative to incarceration while awaiting trial. 5. Motion for Bail Review: If the defendant's circumstances change after the initial bail hearing, such as the discovery of new evidence or the defendant's health deteriorating, the defense attorney can file a motion for bail review to request a reevaluation of the bail amount set previously. 6. Motion for Own Recognizance Release Hearing: This motion entitles the defendant to a hearing where the defense attorney presents arguments, evidence, and character references to support the defendant's release on their own recognizance, stating that they will comply with all conditions set by the court without requiring bail.
