Arkansas Motion to Release Defendant and Set Reasonable Bail

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Multi-State
Control #:
US-02728BG
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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 bail 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

In Arkansas the prosecution has o 12 months to bring you to trial if you are not incarcerated, or o 9 months if you are incarcerated. However, if you or your lawyer asks for more time to prepare your case, that time will not count as a delay of your right to a speedy trial.

P. 8.2. Rule 8.2 - Appointment of Counsel (a) A judicial officer shall determine whether the defendant is indigent and, if so, appoint counsel to represent him or her at the first appearance, unless the defendant knowingly and intelligently waives the appointment of counsel.

Failure to file an indictment or information within sixty days shall not be grounds for dismissal of the case against the defendant, but shall, upon motion of the defendant, result in the defendant's release from custody unless the prosecuting attorney establishes good cause for the delay.

Rule 8.1, "Prompt First Appearance," provides that "an arrested person who is not released by citation or by other lawful manner shall be taken before a judicial officer without unnecessary delay."z7 At the first appearance, the judicial officer must inform the defendant that: (1) he is not required to say anything, ...

Rule 8.5 - Pretrial Release Inquiry: When Conducted; Nature of (a) A pretrial release inquiry shall be conducted by the judicial officer prior to or at the first appearance of the defendant.

A party shall state in ordinary and concise language his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial.

Rule 9.2. (a) The judicial officer shall set money bail only after he determines that no other conditions will reasonably ensure the appearance of the defendant in court. (iii) the execution of a bond secured by the deposit of the full amount in cash, or by other property, or by obligation of qualified sureties.

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Arkansas Motion to Release Defendant and Set Reasonable Bail