Guam Motion to Release Defendant and Set Reasonable Bail

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US-02728BG
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Description

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: A Guam motion to release defendant and set reasonable bail is a legal document filed by the defense attorney to request the release of a defendant from custody before trial. This motion aims to establish that the defendant is not a flight risk and should be granted bail at an amount that is fair and reasonable. Keywords: 1. Guam Motion: A motion refers to a written application or request made to a court seeking a specific ruling or order. In this case, it refers to a motion filed in Guam. 2. Release Defendant: The motion aims to secure the release of the defendant from custody, meaning the defendant will no longer be held in jail or detention before their trial. 3. Reasonable Bail: The motion seeks to set a bail amount that is considered fair and reasonable, ensuring that the defendant can post bail without facing excessive financial burden. 4. Defense Attorney: The attorney representing the defendant files this motion on behalf of their client as part of their legal strategy. 5. Custody: This term refers to the state of being held in jail or under detention before trial. The motion is filed to argue that the defendant should be released from custody. 6. Flight Risk: The motion seeks to establish that the defendant presents no risk of fleeing or skipping bail if released, thus justifying their release from custody. 7. Pretrial: The period before the trial commences, during which the defendant is often held in custody. The motion requests the release of the defendant during this pretrial period. 8. Legal Document: The motion is a written document that outlines the arguments and legal basis for the request to release the defendant and set reasonable bail. Different Types: There are no specific types of Guam motions to release defendant and set reasonable bail as the general purpose remains the same. However, the details, arguments, and legal strategies may vary based on the specific circumstances of the case, such as the severity of the charges, prior criminal history, and the individual characteristics of the defendant.

Description: A Guam motion to release defendant and set reasonable bail is a legal document filed by the defense attorney to request the release of a defendant from custody before trial. This motion aims to establish that the defendant is not a flight risk and should be granted bail at an amount that is fair and reasonable. Keywords: 1. Guam Motion: A motion refers to a written application or request made to a court seeking a specific ruling or order. In this case, it refers to a motion filed in Guam. 2. Release Defendant: The motion aims to secure the release of the defendant from custody, meaning the defendant will no longer be held in jail or detention before their trial. 3. Reasonable Bail: The motion seeks to set a bail amount that is considered fair and reasonable, ensuring that the defendant can post bail without facing excessive financial burden. 4. Defense Attorney: The attorney representing the defendant files this motion on behalf of their client as part of their legal strategy. 5. Custody: This term refers to the state of being held in jail or under detention before trial. The motion is filed to argue that the defendant should be released from custody. 6. Flight Risk: The motion seeks to establish that the defendant presents no risk of fleeing or skipping bail if released, thus justifying their release from custody. 7. Pretrial: The period before the trial commences, during which the defendant is often held in custody. The motion requests the release of the defendant during this pretrial period. 8. Legal Document: The motion is a written document that outlines the arguments and legal basis for the request to release the defendant and set reasonable bail. Different Types: There are no specific types of Guam motions to release defendant and set reasonable bail as the general purpose remains the same. However, the details, arguments, and legal strategies may vary based on the specific circumstances of the case, such as the severity of the charges, prior criminal history, and the individual characteristics of the defendant.

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FAQ

Defendants charged with violent felonies as defined by Penal Code § 667.5(c), with serious felonies as defined by Penal Code § 1192.7(c), or with specific domestic violence offenses may not be released on their own recognizance without an open court hearing.

Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole). A history of missed court appearances also reduced the likelihood that a defendant would be released.

Pretrial Release by the Court. The Penal Code provides four options for pretrial release: release on bail; release on own recognizance (OR); release under supervision; and pretrial diversion.

The eighth amendment in the American Bill of Rights was adopted from the English Bill of Rights of 1689 and provides that excessive bail or fines shall not be imposed. Interpretations of the U.S. Constitution and State constitutions have consistently upheld the right to deny bail in capital cases.

Research described below suggests that people who lack economic resources?as well as people of color?may be particularly likely to be held in custody while awaiting the resolution of their cases?irrespective of the merits of their cases or their likelihood of pretrial success.

Defendants charged with a property offense were most likely to be released prior to the adjudication of their case (73%), while defendants charged with an immigration offense were least likely to be released (12%) (figure 1). There were 750,688 pretrial cases disposed during FYs 2011?18.

?All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excess fines imposed, nor cruel and unusual punishments inflicted.?

Bail: A security deposit (usually money) given to release a defendant or witness from custody and to make sure that they go to court when they're supposed to. bail bond: A legal paper that you buy from a bondsman and give to the court instead of bail.

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Release on Bail Generally Permitted. At his first appearance before a judge of the Superior Court, every person charged with an offense shall be ordered ... Notice of Appeal in the Superior Court of Guam, and shall simultaneously file a motion for the ... ORDER OF CONDITIONAL RELEASE. ) AND APPEARANCE BOND. ) ).If the exemption pertains to all cases before the Court, current and future, a motion must be filed with the Clerk and will be submitted to the Chief Judge and ... Jun 20, 2022 — ... file a motion with the court requesting relief from the requirement to post bond. The court shall rule on the motion in an expedited manner. by A Siegler · 2023 — You can add good law from your own circuit/district. • *Template Motion: Defendant's Motion for Pretrial Release in Presumption Case o File before the Detention ... Jun 20, 2022 — Bail may be denied by a court of record pending trial for a defendant charged with a felony if the prosecuting authority requests a hearing and ... the district courts of Guam, the Virgin Islands, and the Northern Mariana Islands. (b) To Cases and Proceedings. These rules apply in: · civil cases and ... Oct 24, 2011 — On June 24, 2011, Defendant-Appellant Jimmy Chin Song was admitted to bail by Magistrate Judge Alberto Tolentino on charges of Aggravated ... Dec 30, 2016 — a. A defendant initially arrested on a complaint-warrant or charged on a complaint-summons for a disorderly persons offense/petty disorderly. The Bail Reform Act generally presumes the pretrial release of federal defendants, regardless of immigration status. Decades of aggressive immigration ...

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Guam Motion to Release Defendant and Set Reasonable Bail