Rhode Island Motion to Release Defendant and Set Reasonable Bail

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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.

Rhode Island Motion to Release Defendant and Set Reasonable Bail is a legal document that requests the release of a defendant from incarceration while awaiting trial, accompanied by a reasonable bail amount. This motion is crucial for individuals who have been arrested or detained and want to secure their temporary freedom until their case is concluded. There are different types of Rhode Island Motion to Release Defendant and Set Reasonable Bail, including: 1. Pretrial Release Motion: This motion is filed before the trial begins, requesting the court to release the defendant on bail until the trial date. It argues for the defendant's right to be considered innocent until proven guilty, and proposes a reasonable bail amount based on factors such as the nature of the offense, defendant's criminal history, and ties to the community. 2. Bail Reduction Motion: This motion is usually filed after the initial bail hearing, in situations where the set bail amount is deemed excessive or unaffordable by the defendant. The motion seeks to convince the court to lower the bail to a more reasonable level, considering the defendant's financial limitations and the absence of flight risk or danger to the community. 3. Bail Reconsideration Motion: This motion is typically filed when a defendant has been denied bail and wishes to have the court review its initial decision. It presents new evidence or changed circumstances that could influence the court to reconsider granting bail. The defendant's attorney may argue that the individual's cooperation, rehabilitative efforts, or newly established community ties warrant a change in bail status. 4. Bail Revocation Motion: This motion is filed by the prosecution to revoke the defendant's bail and return them to custody. It is usually triggered by the defendant violating conditions of release, committing new offenses while on bail, or posing a significant flight risk or danger to the community. The motion emphasizes the need to safeguard public safety and ensure the defendant's compliance with the law. In summary, Rhode Island Motion to Release Defendant and Set Reasonable Bail encompasses various types of legal motions that pertain to securing temporary release and establishing reasonable bail conditions for defendants during the legal process. These motions are tailored to individual circumstances, aiming to balance the presumption of innocence with considerations of public safety and the defendant's ties to the community.

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Rule 12 - Pleadings and Motions before Trial-defenses and Objections. (a)Pleadings and Motions. Pleadings in criminal proceedings shall be the indictment, information, or complaint, and the pleas of not guilty, guilty and nolo contendere.

Rule 23 - Trial by Jury or by the Court. (a)Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant in open court waives a jury trial in writing with the approval of the court.

Rule 36 - Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of the court's own initiative or on the motion of any party and after such notice, if any, as the court orders.

Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for summary judgment in the party's favor as to all or any part thereof. (c)Motion and Proceedings Thereon.

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership, governmental entity, or unincorporated association, by any officer or agent, who shall furnish such information as is available to the party.

Rule 35 - Correction, Decrease, or Increase of Sentence. (a)Correction or reduction of sentence. The court may correct an illegal sentence at any time.

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Once the bail is posted in accordance with the terms set by the court, a defendant will be placed on pretrial release pending the disposition of his case. Who ... (3)Date for readmission to bail to be set. If the court revokes the defendant's bail or personal recognizance, the court shall set the date for trial. If the ...1956 § 12-10-2, to set and take bail in all complaints bailable before the Superior and District Courts. (hereinafter referred to as bail commissioners) ... Attorney Matthew Marin explains in detail the process of setting and releasing a Defendant on bail after being charged with a crime in Rhode Island. I/We understand and authorize the application of bail to the payment of fines, costs, restitution, or any other assessment issued by any court within the Rhode ... How to fill out Motion Court Form Sample? ... Aren't you sick and tired of choosing from numerous templates every time you need to create a Motion to Release ... This manual contains a summary of the important cases and court rules touching upon every major procedural facet of criminal defense representation in Rhode ... Navigate the Rhode Island criminal case process with insights from Attorney S. Joshua Macktaz. Understand your rights, defenses, and potential outcomes. 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 purpose of bail is to assure that the defendant will appear in court and keep the peace and be of good behavior. Misdemeanors and Non-Capital Felonies:

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Rhode Island Motion to Release Defendant and Set Reasonable Bail