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 bond 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 Bond is a legal document filed by the defense attorney with the court requesting that the defendant be released from custody and that a reasonable bond be set. This motion aims to ensure the defendant's freedom throughout the legal process while maintaining the court's assurance that the defendant will appear for all scheduled court proceedings. Different types of Rhode Island Motions to Release Defendant and Set Reasonable Bond may include: 1. Pretrial Release Motion: This is a motion filed before the commencement of the trial, requesting the court to release the defendant on bail or personal recognizance until the trial commences. The defense attorney will argue that the defendant poses no flight risk, is not a danger to the community, and has strong ties to the community, among other factors. 2. Bond Reduction Motion: If the court previously set a bond higher than the defendant or their attorney believed was reasonable or affordable, a bond reduction motion can be filed. This motion requests the court to revisit the bond amount and consider reducing it based on various mitigating circumstances, such as financial hardship or lack of flight risk. 3. Motion for Release on Recognizance: Also known as ROR, this type of motion requests the court to release the defendant without requiring any financial surety. The defense attorney will present evidence and arguments to demonstrate that the defendant is trustworthy, has strong community ties, and is likely to appear for all court proceedings without the need for monetary incentives. 4. Motion for Release on Personal Surety: This motion requests the defendant's release without requiring bail but instead relying on a trusted individual's assurance that the defendant will appear in court. The defense attorney will present evidence of a responsible and reliable person who is willing to act as surety and supervise the defendant's compliance with court orders. When drafting a Rhode Island Motion to Release Defendant and Set Reasonable Bond, it is crucial to consider the defendant's circumstances, the strength of the defense's case, the defendant's ties to the community, and any special considerations that may prove the defendant's reliability and commitment to attending court proceedings. The motion should be supported by relevant legal arguments, relevant case precedents, and compelling evidence to strengthen the request for release and a reasonable bond amount.
