Mecklenburg North Carolina Motion to Release Defendant and Set Reasonable Bond

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State:
Multi-State
County:
Mecklenburg
Control #:
US-02735BG
Format:
Word; 
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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.

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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).

How to Write a Kick-Ass Motion Make an Outline.Keep Your Motion Simple.Maintain Credibility.Mind Your Citations.Focus on Facts.Keep Your Intro Short.Respect the Opposition.Write in English, Not Legalese.

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.

Obtaining a Bond Reduction First, the prosecutor might agree to the defense's request for a reduced bond, and then the court can simply sign a bond reduction order based on that agreement. Second, a contested hearing can be held and the court can set a new bond after hearing from both the prosecution and the defense.

Take your completed packet to the Clerk's Office (Civil Filing Department), Room 3725. This is where you file your motion and pay the required $20 filing fee. 3. Request that the Judge sign the Order to Appear and Show Cause.

If your agreement with the bail bond agent allows it, you can revoke your agreement and withdraw your responsibility for the bail bond. You can do so if you believe the defendant plans to skip a court date or is not following the conditions of the bail.

Motions for Bond Reductions are filed in Court when a person can't afford to get out of jail. Hiring a private criminal defense attorney may get you a court hearing quicker. It's a hearing where your lawyer asks the judge for a lower bond amount.

Pre-trial release allows a defendant to remain in the community after committing a criminal offense and prior to having a trial or being convicted of the offense. There are certain requirements that a defendant must satisfy to be eligible for pre-trial release.

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion filed, place the original in the Court file and return two (2) copies of the filed document to you.

If the accused is charged with an offense the penalty of which is death, reclusion perpetua, or life imprisonment, then his or her entitlement to bail is based on the discretion of the trial court. The accused may file a petition for bail to determine whether evidence of guilt is strong.

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Mecklenburg North Carolina Motion to Release Defendant and Set Reasonable Bond