There is a file for a modification of bond conditions.
You have to post a bail bond and agree to abide by certain conditions if you are released on bail.If you violate one of the conditions, your bail can be revoked.You have to file a motion with the court to modify these conditions.Explain why you want the condition changed in the motion.You may have to attend a hearing after the motion has been filed.
Step 1: Make a list of the condition you want to modify.
Many conditions may have been imposed on you by the judge.You can ask the judge for a modification if you identify all of the conditions you want to modify.The amount of bail is one of the common conditions.If you want to reduce your bail, you can see Get Bail Reduced.Modification of other conditions will be dealt with in this article.There are travel restrictions.You might not be allowed to leave the state.There are no contact restrictions.You can't contact an alleged victim or a witness.Testing for drugs or alcohol.If your crime involves using drugs, you may need to take periodic drug tests.There was no possession of firearms.
Step 2: Tell your lawyer to file the motion.
You should have a lawyer if you are a criminal.If you can't afford a lawyer, you should apply for a public defender.When bail is set, you don't have a chance to get a lawyer.You should hire one if that happened.Inform the lawyer if you want to modify the condition of your release.A motion to modify the conditions of your release should be drafted by your lawyer immediately.
Step 3: Talk to the prosecutor.
There is a chance that the prosecutor will agree to the change.You can mention that fact in your motion if you have a stronger argument.Call or visit the prosecutor.If you want to change the condition of your release, make sure you have a good argument.You might need to leave the county in order to do your job.It is a stronger argument to say you want to leave for a vacation.
Step 4: You can format your motion.
To make it easy to read, you should type your motion.A blank document can be opened.The Times New Roman or Arial fonts should be set to 14 points.You need to make sure that the document is double-spaced and has one-inch margins.The criminal complaint is one of the documents that you should look at.The paper was numbered up the left-hand side.You can get this paper online.
Step 5: The caption should be inserted.
Thecaption should be at the top of the first page.You can find this information by looking at the documents that have been filed in your case.The name of the court is included in the caption.The government is prosecuting you, for example, the people of Maryland or the United States.The number is the case number.
Step 6: You should title your motion.
You can call it a motion to modify the conditions of release.You should put your title in all caps.You can make the title stand out by making the lettering bold.
Step 7: An introduction is needed.
If you are representing yourself, you should state in the introduction whether you have an attorney or not.You should tell the judge why you brought the motion.The sample language reads: "COMES NOW, Defendants, representing herself pro se, who submits this motion to modify the conditions of her release."In support of her motion, the person states.
Step 8: Background facts should be provided.
The judge should be given some important background information in the first few paragraphs.You should include the date of your initial bail.You can state that you have retained counsel and who they are if you hired a lawyer.On August 31, 2016, Smith was arrested and booked on charges of assault and battery.The conditions of the release were set by the judge.The court ordered Smith not to contact her daughter, who is one of the alleged victims in the case.
Step 9: The conditions of release can be changed.
You should ask the court to modify the conditions of release and explain how they should be done.You should explain why the conditions should be changed.You could argue that the conditions impose hardship on you.The current no contact order imposes a severe hardship on the woman and her daughter.The daughter does not fear her mother.If you want to stop having to take drug tests, you should mention that you have passed every test so far.She has tested negative for all banned substances every time she has been tested.If the prosecutor agrees with you that the conditions should be modified, then be sure to mention that fact.This issue has been discussed by the United States and the defendants.The United States will not contest the motion.
Step 10: Add a conclusion.
You should repeat what you want the judge to do at the end of the motion.Remember to sign and date your motion.All motions must be signed.The motion to modify conditions of release and the no-contact order should be granted by the court.
Step 11: A certificate of service should be drafted.
The prosecutor can object if you give them a copy of your motion.You should give them a copy even if they don't object.A certificate of service can be added to your motion.The certificate should read: "I hereby certify that a copy of this Motion was mailed first class, return receipt requested, on September 12, 2016 to the address of the prosecutor."If you are trying to get rid of the no-contact order, you should give the victim a copy.They need to agree that the no-contact order should be reversed.
Step 12: The proposed order should be included.
You have to submit a proposed order to many courts.If you win the motion, the judge will sign the order.You should use a separate sheet of paper to draft it.The caption information should be at the top of the order.If you are asking the judge to remove the requirement for drug testing, the order could read: "After consideration of the motion to modify conditions of release, on this 10th day of October, 2016 it is ORDERED that the Motion isGRANTED."
Step 13: Make a lot of copies.
You should send one copy of your records to the prosecutor.You may have to file copies with your court.How many copies do you need to file?
Step 14: There is a hearing date.
You have to schedule a day and time for the judge to hear the argument on the motion.The court handles scheduling differently.The clerk in some courts will schedule the hearing after receiving your motion.In other courts, you have to ask the clerk for a hearing date and then fill out a Notice of Hearing form and send it to the prosecutor.
Step 15: You can file the motion with the clerk.
Take your copies with you to the store.To file, ask.With the filing date, he or she can stamp your copies.You have to mail the motion to the court if you are still in jail.Someone in the jail can give you the address.It is possible that you will have to pay a filing fee.The amount and acceptable methods of payment should be asked of the court clerk.
Step 16: You can send a copy to the prosecutor.
You can use the method identified in your certificate of service.You can get a proof of service form from your court clerk if you have someone hand deliver the motion.You should get the signed affidavit from the server.The original should be filed with the court.
Step 17: Prepare your argument.
The judge considers a number of factors when determining bail conditions.The judge wants to feel confident that you are not a flight risk or a danger to the community.Try to hit your most important arguments with a list of bullet points.You won't have a lot of time to argue with the judge.You can sit in on a day when the judge has a hearing if you are nervous.Call the judge's clerk if you want to know when motions are heard.
Step 18: It's appropriate to dress appropriately.
You want to impress the judge.You should put together a good wardrobe for this reason.You want to convince the judge that you are responsible and that modifying your conditions of release won't endanger the public or your alleged victim.The more professional you are, the better.Business pants and a shirt with a collar can be worn by men.If you have a conservative tie, wear it.Conservative ties are in neutral colors and can be a solid color or with a check pattern.You should shave or trim your beard if you wear dress shoes with dark socks.There are more options for women.Women can wear a skirt or dress pants with a nice sweater.Women can wear dresses that are conservative.Fit is important.Don't wear anything revealing.Women should not wear sandals.Men and women should not wear clothing with writing on it.
Step 19: Make an argument.
The clerk will call your name when you argue.Go to the front of the courtroom when you say "Here!".Talk to the judge, not the prosecutor, as you make your argument.Speak loudly so that you can be heard.Don't interrupt the judge.If the judge has a question, answer it directly.
Step 20: Don't talk to the prosecutor.
If the prosecutor objects to your motion, he or she will argue that the judge shouldn't modify your conditions of release.The prosecutor can argue as he or she pleases.When the prosecutor finishes, the judge will give you a chance to respond.Write down what you want to say.Ask the judge, "Your Honor" when the prosecutor is done.May I reply?
Step 21: The victim needs to speak.
If you are trying to overturn a no-contact order, the court may require that the victim come into court and state why he or she agreed to do so.The no-contact order can be revoked if the victim can give a reason for doing so.
Step 22: The reasons for denying your motion should be explained by the judge.
You want the judge to explain why you lost the motion.Judges don't draft written opinions when they deny motions in most state courts.They give their reasons from the bench.If you lose, ask the judge why.Whatever the judge says will be taken down by the court reporter.The judge should sign your order if he or she agrees with you.