Allegheny Pennsylvania Motion to Release Defendant and Set Reasonable Bond

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Multi-State
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Allegheny
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US-02735BG
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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 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.

Allegheny Pennsylvania Motion to Release Defendant and Set Reasonable Bond is a legal document filed in the Allegheny County Court to request the release of a defendant from custody and to set a reasonable bond amount. This motion is typically used in criminal cases where the defendant is currently held in jail or is facing detention pending trial. When drafting this motion, it is essential to include relevant keywords and information to ensure its effectiveness and clarity. The following is a detailed description outlining the key elements and types of Allegheny Pennsylvania Motion to Release Defendant and Set Reasonable Bond, along with their corresponding keywords: 1. Title and Introduction: The motion should start with a clear title and a brief introduction outlining the purpose of the document. Keywords: Allegheny Pennsylvania, Motion to Release Defendant, Set Reasonable Bond, Criminal Case, Court, Petitioner, Respondent. 2. Defendant's Information: Include the defendant's full name, date of birth, case number, and any other relevant identifying information. These details help differentiate the individual and ensure accuracy. Keywords: Defendant, Full Name, Date of Birth, Case Number, Identifying Information. 3. Reasonable Bond Request: Explain the reasons for requesting the release of the defendant and the need for a reasonable bond amount. Elaborate on factors such as the defendant's ties to the community, employment status, prior criminal record (if any), and any other relevant information that supports their capability to appear for future court proceedings. Keywords: Release, Reasonable Bond, Ties to Community, Employment, Criminal Record, Court Proceedings. 4. Legal Basis: Discuss the legal grounds for requesting the motion, citing relevant statutes, case law, and legal precedents that support the defendant's release on bond. Keywords: Legal Basis, Statutes, Case Law, Precedents, Release on Bond. 5. Proposed Bond Amount: Specify the requested bond amount and provide justifications for its reasonableness. Consider factors such as the seriousness of the charges, flight risk, ties to the community, and financial capability. Keywords: Proposed Bond Amount, Reasonableness, Seriousness of Charges, Flight Risk, Financial Capability. 6. Supporting Evidence: Attach copies of any relevant documents, such as the defendant's employment verification, character references, or any other evidence that supports the request for release and a reasonable bond amount. Keywords: Supporting Evidence, Documents, Employment Verification, Character References. 7. Conclusion: Summarize the main points of the motion and conclude by requesting the court grant the motion for the defendant's release and set a reasonable bond. Keywords: Conclusion, Grant, Release, Reasonable Bond. Types of Allegheny Pennsylvania Motion to Release Defendant and Set Reasonable Bond: 1. Pretrial Motion: Filed before the trial starts to secure the defendant's release before the trial concludes. 2. Bond Reduction Motion: Filed to request a reduction in the original bond amount set by the court. 3. Motion for Release on Own Recognizance (OR): Filed when seeking the defendant's release without requiring a bond payment, relying solely on their promise to appear for court proceedings. 4. Emergency Motion for Immediate Release: Filed in urgent cases where immediate release is necessary, often due to extraordinary circumstances or health concerns. Remember to consult with an attorney or legal professional to ensure the completeness and accuracy of the Allegheny Pennsylvania Motion to Release Defendant and Set Reasonable Bond.

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FAQ

Generally, the defendant can request a lower bond and release from jail by motion. A motion is a formal request directed to the judge requesting an order for one thing or another. To get the bond amount reduced, the defendant would file a Motion to Reduce Bond (or a Motion to Reduce Bail).

Instead, a speedy trial means that the defendant has a right to be brought to trial within a reasonably short time after arrest. Also, the defendant has the right to be tried by a jury of their peers.

For example, it requires formal charges to be brought within 30 days of an arrest. One of the main reasons for the right to a speedy trial is to prevent a defendant from being held in custody for a long time, only to eventually be found innocent.

In Pennsylvania, the Commonwealth (District Attorney) is required to bring a criminal defendant to trial no later than 365 days after a criminal complaint is filed if the person isn't in custody. If the person is in custody, the Commonwealth must proceed to trial no later than 180 days after the complaint is filed.

Bond Reduction Requirements and Hearing Texas requires a court to lower bail when a defendant has been held in jail for 90 days or more without an indictment. In exchange for a bond reduction, you can suggest certain conditions like electronic monitoring. This signals to the court that you won't flee before your trial.

The Department of Justice comes out with and periodically updates its schedule of recommended bail depending on the offense involved. If the accused cannot afford the bail, he or she can file a motion to reduce the bail, which the judge may grant depending on good cause shown.

In the state of Pennsylvania, an individual must be brought to trial within 365 days of their arrest or the charges against them must be dismissed.

The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.

Bail Reduction Hearing It is often necessary to file a Petition to Modify Bail in the Court of Common Pleas in the county where the charges are filed. In most counties, the court promptly schedules a hearing on the bail petition after it is filed with the clerk of courts.

Barker Balancing Test (1) the length of the delay; (2) the reasons for the delay; (3) the defendant's assertions of the speedy trial right; and. (4) the prejudice stemming from the delay.

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Crease in the use of money bond. Bail: The process of releasing a defendant from custody with conditions set to reasonably assure public safety and court appearance.Abbreviated, but complete history of a case as found in the record. Time for Completing Dis covery and Filing PreTrial Statement. Authority of court upon petition to remove child from foster parent. A judge sets the bond amount. Using risk-based screening tools instead of cash bail bonds to determine whether defendants should be released from jail before trial. Release on conditions that allow for monitoring the defendant in the community;. • setting a money bail that the defendant must post to be released; or. Committed to the Allegheny County Jail on these charges.

Bond amount set by the court is not a surety bond but rather, an offer to accept a bond offer. The state, on motion of a prosecutor or a defendant, can agree to waive the surety bond, and release the defendant. Once released on bail, the defendant and the prosecution may use their own surety bonds. The fact finder is supposed to review the record and make a decision to allow release on the condition that the defendant remain under monitoring. Courts have the discretion to set bond limits for bail. Bond limits may be set by the court on the understanding that the defendant won't get further bail, but the court can also set a higher bond on bail in cases when the defendant poses a substantial risk to the community and a high likelihood of escape from custody. The following charges are not considered serious offenses: Drugs (Marijuana, Alcohol, etc.), Possession of under ten ounces of marijuana, Possession of less than one ounce of marijuana.

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Allegheny Pennsylvania Motion to Release Defendant and Set Reasonable Bond