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A motion to bond is a request made to the court to change the conditions of a bond. This process typically aims to lower the bond amount or modify bond terms. By filing a motion to bond reduction, individuals can seek relief from financial burdens and improve their chances of securing release.
Refund checks will be mailed to the depositor or assignee within 10 days after the bond has been discharged, all applicable fees have been deducted, and a bond refund request form has been received from the depositor, along with the appropriate identification.
This is done through a motion to modify bond. After filing, the motion can be granted in one of two ways: (1) by consent of the judge and the prosecutor, or (2) by a hearing in front of a judge, opposed by the prosecutor. You do not want to file a motion to modify in every situation.
After first appearance, you can file a motion to reduce bond with your trial judge. The hearing must be "prompt." The Defense must give the prosecution at least 3 hours notice before the bond reduction motion is heard.
A court may agree to a bond reduction based on the circumstances of the alleged criminal offense, the defendant's criminal history, their ties to the community, and whether the defendant poses a flight risk or a risk of failing to appear for pretrial hearings and trial.
A criminal defense attorney can file a bond modification motion which asks the court to reduce the bail amount. There is no guarantee that the amount will be reduced, but a skilled attorney will be able to argue the facts of the case in your favor and give you a fighting chance.