You have to post bail in order to be released from jail as you await your trial.If you are charged with a crime, the judge might set a bail of $10,000.You have to either post a bond or pay the court money.The purpose of bail is to let a person out of prison but still make sure they show up at a trial.If you want to reduce your bail, you need to file a document with the court and then prepare for the hearing.
Step 1: You should know what to expect.
Most jails have a bail schedule.You will need to ask a judge to lower your bail if you want it reduced.Within 24 to 48 hours of your arrest, your first court appearance usually takes place.At your initial appearance, the court will advise you of your rights, and your lawyer can make an argument about your bail.Depending on the state of your case, your lawyer may be able to ask for a lower bail or for you to be released on your own recognizance.If you get an unfavorable ruling in regards to your bail, you can file a motion to get bail reduced.Your lawyer can submit evidence or even call witnesses to show that you are not a flight risk and will show up for subsequent court dates.
Step 2: A lawyer is needed.
If you are a criminal, you need a lawyer who can represent you.A lawyer knows what factors a judge considers most important when deciding to reduce bail.Many judges take arguments more seriously when they are made by a lawyer.If you can't afford your own lawyer, ask the court for a public defender.The judge should ask if you have a lawyer or public defender at your initial appearance.You need to apply for a public defender.The application usually asks for information about your finances.If you want to reduce your bail, you need to provide financial information.
Step 3: A judge will consider factors when making a decision.
There are guidelines for determining whether to reduce bail in each state.You don't pose a danger to the community are some of the factors that a judge will consider.The seriousness of your offense will be looked at by the court to decide if you should be released.You don't have a criminal record.The cleaner your criminal record is, the better.You shouldn't have citations for skipping court hearings in the past.You work in the community.There is a family in the community.You will not skip town before trial if you have family ties.You have lived there a long time.If you are given bail, it is less likely that you will disappear.
Step 4: Find evidence that supports your argument.
If you give your lawyer helpful evidence, they can build a strong argument for reducing bail.If you have regular employment in the area, you should give your attorney pay stubs and W-2 forms.You can find utility bills that show how long you've lived in the community.
Step 5: People can testify for you.
People can testify at your bail hearing.Ahead of time, you should identify witnesses.The factors a judge considers when reducing bail can be found again.If there are people who can testify, check them out.If you want to know how long you've been married, you could have your spouse testify.How long have you held your job?
Step 6: List what you can afford.
Determine what you can afford before you ask the judge to reduce your bail.Pick out what you can post and pool all available resources.You can post a bond for the amount of bail.You have to pay 10% of the bond amount.The amount is not returned to you at the end of the trial, but you can post a bond for $10,000 by paying only $1,000.You can try to get released on your own recognizance if you promise in writing to show up to trial but you don't have to post any bail.
Step 7: To get a form, please.
The motion should be drafted by your lawyer.You can get a copy after it's finished.You will need to draft your own motion if you don't have a lawyer.The court may have a form you can fill out.There are procedures for reducing bail in some courts.There may be a department for bail services.You need to get the form from this department.
Step 8: A simple motion can be used.
You will need to draft a motion if there is no form available.A motion is a document you file to get something done.You want the judge to reduce your bail.You can type up your own motion by opening a blank document.The Times New Roman or Arial should be set to 14 points.The document should be double-spaced.
Step 9: The caption needs to be inserted.
Each motion has the same information at the top of the first page.You should look at the document to get thecaption.This information could be at the top of the indictment.There may be more than one name in the caption.The number is the case number.
Step 10: The motion needs to be Titled.
Depending on the court you are appearing before, the title will be different.The title should be put under the caption and bolded.
Step 11: The judge needs the facts.
You should introduce yourself and tell the judge the key facts of the case, such as the charges and the amount of bail.You should tell the judge that you are bringing the motion because you can't afford the bail.You can type: "Defendant, Jonah Thomas, representing himself pro se, hereby requests this Court reduce his bond."You should always refer to yourself in the third person.Information about the charges and amount of bail should be included.The bond was set at $10,000 and the person has not been able to post it.
Step 12: Why are you allowed to be released?
You should explain to the judge how they support your argument that your bail was reduced or that you should be released on your own recognizance.Don't lie or stretch the truth.You will not get your bail reduced if you do that.He is not a flight risk and should be released on his own recognizance.He has lived in this community for 12 years, and has worked at the Quick-mart since 2007, where he is a full-time janitor.He and his wife, Evelyn, have lived in the same home since moving to the community.Their children attend school.The person has no criminal record other than a drunk driving conviction in 1999.The crime charged is not a crime of violence.
Step 13: Continue the motion.
What do you want the judge to do?Along with the date, include your signature beneath the conclusion.The judge will not consider the motion if you don't sign it.The sample language says that the court should reduce his bail and release him on his own recognizance.
Step 14: Attach a certificate.
You have to tell the court that you sent a copy of the motion to the prosecutor.Attach your certificate of service to the last page of your motion if you type it on a separate sheet of paper.The Office of the State's Attorney at 2255 W. Wellstone Avenue, This Town, Maryland has a copy of your certificate.
Step 15: The court clerk can help with the motion.
After you complete your motion, you have to bring it to the clerk.You can mail the motion to the court clerk.If you are in jail, talk to the person in charge.Let them know that you want to file a motion.Unless you qualify for a fee waiver, you will have to pay a filing fee.If you can't afford the fee, ask the clerk for a fee waiver form.If you are going to represent yourself, you need to make sure that you have enough money.You will have to pay for postage, copying, filing, and other expenses.
Step 16: There is a hearing that needs to be scheduled.
You have to schedule a hearing for the judge to consider your bail reduction.The court handles scheduling differently.The clerk in some states will schedule a hearing.You have to ask for the hearing date in other courts.
Step 17: Consider the pros and cons of testifying.
You need to give evidence at the hearing to support your argument.You can submit pay, letters, and tax records, but you can also testify.If you can't find documentary evidence to prove a point, you might testify.No one is available to testify to the fact that you have lived in a community for 15 years, and you don't have any documents to prove it.It could help you get a bail reduction if you testify under oath.Anything you say can be used against you.The prosecutor might try to get you to admit to incriminating details about the crime because they get to cross-examine you.If you can have other people testify to the important facts about why you are entitled to a bail reduction, you should not testify.You don't need to take the risk in this situation.
Step 18: You can make an argument to the judge.
Everything should be handled by your lawyer at the bond hearing.If you choose to testify, you won't have to do anything else.The same argument will be made by your lawyer.If you have witnesses who want to testify, your lawyer will ask them questions.They can be cross-examined by the prosecutor.
Step 19: Do it on your own.
If you decide to testify, you should review your testimony with your lawyer so that they know what questions to ask.Remember to listen closely to the question when you testify.You do not want to answer a question that was not asked.Ask the lawyer to rephrase the question if you don't understand it.Only reply to the question asked.It's important not to give too much information at the bail hearing.Always tell the truth.Give your attorney time to object after the prosecutor asks a question.Wait for the judge to rule on the objection.
Step 20: The prosecutor is making an argument.
The prosecutor will argue that your bail shouldn't be reduced.The prosecutor will try to make you appear like a flight risk because they will refer to the same factors that you did.You can not interrupt the prosecutor.You have to listen quietly.
Step 21: Receive the decision of the judge.
After all evidence has been presented, the judge should make a decision.The judge might talk about how they balanced the factors.If you win, you have to fill out the form for the judge to sign.Do you have the ability to fill out blank orders?