Motion to Release Defendant and Set Reasonable Bail
What this document covers
The Motion to Release Defendant and Set Reasonable Bail is a legal document that requests a court to reconsider the bail amount set for a defendant who is in custody. This form differs from other bail forms as it specifically addresses the need for a fair and reasonable bail amount in light of the defendant's circumstances, ensuring they can be released pending trial while still guaranteeing their appearance in court.
Form components explained
- Defendant's details: Includes name, arrest date, and current incarceration location.
- Bail amount: Specifies the current bail set and the proposed reasonable amount.
- Reason for motion: Outlines reasons why the bail should be reconsidered and reduced.
- Attorney representation: Names the attorney representing the defendant and includes their contact information.
- Notice of motion: Provides details on the hearing date for the motion.
When to use this document
This form should be used when a defendant has been arrested and is in custody but believes the bail set by the court is too high. It is appropriate in cases where the defendant can demonstrate that a lower bail amount would be reasonable, allowing them the opportunity for release before trial, especially if the prosecution is not ready for trial within a reasonable timeframe.
Intended users of this form
- Defendants who have been arrested and are currently in custody.
- Attorneys representing defendants in criminal cases.
- Family members or co-signers seeking to help secure the release of a loved one.
How to prepare this document
- Enter the plaintiff and defendant names, along with the cause number.
- Insert the date of arrest and the name of the county where the defendant is being held.
- Specify the original bail amount and propose a new, reasonable bail amount.
- State the reasons for moving to set a lower bail.
- Provide the attorney's contact information and include a certificate of service to affirm proper notification of the motion to the opposing counsel.
Does this document require notarization?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Mistakes to watch out for
- Failing to provide enough justification for why the bail should be reduced.
- Not including the correct names or case details, leading to delays in processing.
- Missing the hearing date or failing to notify counsel as required.
Why use this form online
- Instant access to a professionally drafted legal document.
- Ability to conveniently download and fill out the form at your own pace.
- Ensures compliance with current legal standards, reducing the risk of errors.
Legal use & context
- The Motion to Release Defendant and Set Reasonable Bail is a formal request to the court that can influence the conditions of pre-trial detention.
- It aims to provide a pathway for defendants to secure their release while awaiting trial, balancing their rights against the state's interest in ensuring court appearances.
Main things to remember
- This motion serves to contest excessive bail amounts and advocates for a fairer bond.
- Proper completion of the form is crucial for it to be considered by the court.
- Awareness of state-specific requirements is necessary to ensure legal compliance.
Form popularity
FAQ
In addition to the seriousness of the charged crime, the amount of bail usually depends on factors such as a defendant's past criminal record, whether a defendant is employed, and whether a defendant has close ties to relatives and the community.
If a person can't afford the amount of bail on the bail schedule, he or she can ask a judge to lower it by filing a Motion to Reduce Bail Bond. The accused can also file a Petition for Bail on the ground that the evidence against him is not strong, even if he or she is facing a. non-bailable offense.
At a motion hearing, each party can argue its position and the judge can ask specific questions about the fact or law. After hearing the judge decides the motion and this is called an order. However, during a trial or a hearing, an oral motion may also be permitted.
After you complete your motion, you must file it with the court.You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.
Yes, a motion to set a reasonable bond means that the attorney is attempting to get the court to set a bond (if no bond has been given) or to reduce the bond that was set. The motion to set bond is what establishes the actual bond hearing with the judge.
Cash Bail. You can use cash to post bail for a friend or loved one. Collateral Bail. You can post bail using real property, such as a house, land, vehicles, jewelry, firearms or anything else of value. PR Bond. Bail Bondsman.
A "motion" is simply a formal request to a court that it do something or decide an issue in favor of the party that asks for it. "Granted" means the court agreed with the request, and did or decided in favor of the requester.
Despite the principles explained above, many judges set unaffordably high bail in some types of cases to keep suspected offenders in jail pending trial. Judges can lose elections when defendants they've released on bail commit new crimes, but rarely take political heat for keeping a suspect behind bars.
