Order Setting Conditions of Release

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US-CRIM-AO-199A
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Description

Order Setting Conditions of Release
Order Setting Conditions of Release is a court order issued by a judge or magistrate to set the conditions under which a defendant may be released pending the resolution of a criminal case. The conditions of release are typically in place to protect the community from harm, to ensure the defendant's attendance at trial, or both. Depending on the jurisdiction, Order Setting Conditions of Release may also be referred to as bail orders, release orders, orders of release, or other similar terms. Generally, Order Setting Conditions of Release involve the judge or magistrate determining whether the defendant can be released on their own recognizance (ROR), or if the defendant must post bail to secure their release. The judge or magistrate may also set conditions of release such as staying away from certain people or places, avoiding contact with victims, attending court hearings, obeying all laws, or other restrictions. There are three main types of Order Setting Conditions of Release: ROR, surety bonds, and cash bail. With ROR, the court releases the defendant without any form of surety or bail, but may impose conditions of release. With surety bonds, the court requires the defendant to post a bond with a surety to guarantee the defendant’s return to court as required. With cash bail, the court requires the defendant to post cash or property with the court to secure the defendant’s release.

Order Setting Conditions of Release is a court order issued by a judge or magistrate to set the conditions under which a defendant may be released pending the resolution of a criminal case. The conditions of release are typically in place to protect the community from harm, to ensure the defendant's attendance at trial, or both. Depending on the jurisdiction, Order Setting Conditions of Release may also be referred to as bail orders, release orders, orders of release, or other similar terms. Generally, Order Setting Conditions of Release involve the judge or magistrate determining whether the defendant can be released on their own recognizance (ROR), or if the defendant must post bail to secure their release. The judge or magistrate may also set conditions of release such as staying away from certain people or places, avoiding contact with victims, attending court hearings, obeying all laws, or other restrictions. There are three main types of Order Setting Conditions of Release: ROR, surety bonds, and cash bail. With ROR, the court releases the defendant without any form of surety or bail, but may impose conditions of release. With surety bonds, the court requires the defendant to post a bond with a surety to guarantee the defendant’s return to court as required. With cash bail, the court requires the defendant to post cash or property with the court to secure the defendant’s release.

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FAQ

A deposition may be taken pursuant to this rule upon: (1) agreement of the parties; or (2) order of the court at any time after the filing of the indictment or information or complaint in the district court, upon a showing that it is necessary to take the person's deposition to prevent injustice.

In ance with this rule, the court may consider revocation of the defendant's pretrial release or modification of the defendant's conditions of release (1) if the defendant is alleged to have violated a condition of release; or (2) to prevent interference with witnesses or the proper administration of justice.

Under the constitutional amendment passed, bail can be denied by the judge for a defendant if you are charged with a felony and the prosecution requests a no-bond hearing. In this hearing, the prosecution must show with clear and convincing evidence that your detainment would protect the community.

A defendant who is ordered released on a condition that requires that the defendant return to custody after specified hours shall, on motion of the defendant or the court's own motion, be entitled to a hearing to review the conditions imposed.

Order for pretrial detention. The court shall issue a written order for pretrial detention at the conclusion of the pretrial detention hearing if the court determines by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.

What is Pretrial Services? Pretrial Services (PTS) is a form of non-monetary release. A person on release is required to report to the pretrial office in person unless otherwise instructed.

More info

Order Setting Conditions of Release. Download Form (pdf, 88.IT IS ORDERED that the defendant's release is subject to these conditions: (1) The defendant must not violate federal, state, or local law while on release. (4) The defendant must appear in court. Asrequired and must Surrender to serve any sentence imposed. The judicial officer should review the conditions of release previously ordered and set new or additional conditions. What you get: Instant access to fillable Microsoft Word or PDF forms. The appellate court may, on its own motion, order the parties to submit briefs and set the time in which such briefs shall be filed. These policies shall be in full force and effect on or after January 15, 2019, and do replace existing policies. (1) state the requirements for setting bail under Article 17.

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Order Setting Conditions of Release