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Motion to Release Defendant and Set Reasonable Bond

Nassau New York Motion to Release Defendant and Set Reasonable Bond

Name: Nassau New York Motion to Release Defendant and Set Reasonable Bond
Brand: US Legal Forms
Rating: 4.83 (326 reviews)

Category:

Criminal - Motions

State:

Multi-State

County:

Nassau

Control #:

US-02735BG

Format:

Instant download

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

To get a bail in a bailable offence, the suspect has to submit Form- 45 given in the Second schedule to the court in which his case is being heard. The police cannot grant bail without the court's approval.

Defendant's Request to Reduce Bail The constitutional protections, as well as the Bail Reform Act (a federal statute), give a defendant the right to request lower bail when the amount initially set by the court is too high to pay. A defendant can request a hearing to seek a bail reduction.

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).

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.

As a general rule: If you're placed in custody, your "speedy trial" rights typically require the prosecutor to decide charges within 72 hours. Many states adhere to this 72-hour limit. Sometimes, no charges are filed, and you will be released.

It depends on the jurisdiction. A person can technically and legally be held for up to 72 hours for investigative purposes, but charges in Harris County are usually filed within 8-12 hours from time of arrest. It could be longer in complex cases.

If you've been arrested for a felony offense, the court has 90 days to prepare and begin your trial.

Bail is a sum of money paid to the court or to the police. When the court case is over, the bail money is paid back even if the accused is found guilty. However, if the accused does not come to court on the day of their court case, or if they break any of their bail conditions, the bail may be forfeited.

Applying the cited jurisprudence, it is clear that an accused may file a motion to the court to fix the amount of bail even before his or her arrest. Nonetheless, once the amount of bail has been fixed, for purposes of applying for bail, such accused must already be in the custody of the law.

If the magistrate orders that a person be held without bond, that person will then be taken to the local jail and held there until their first court appearance. This usually happens within 1-3 days from when they were arrested.

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Fill out the form to access a sample of Practical Guidance. Counsel for the defendant moved to set aside verdict and for a new trial on the exceptions taken at the trial and as contrary to law .

Nassau New York Motion to Release Defendant and Set Reasonable Bond

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