District of Columbia Motion to Release Defendant and Set Reasonable Bail

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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

Contempt power. (a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the Superior Court, or a judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court.

Disorderly conduct. (3) Direct abusive or offensive language or gestures at another person (other than a law enforcement officer while acting in his or her official capacity) in a manner likely to provoke immediate physical retaliation or violence by that person or another person.

In most states, a person who is arrested must put up a certain amount of money to be released while their case is pending. This is typically referred to as either bond or bail. However, DC does not have a bond or bail requirement for people to be released while their case is pending.

After bail reform was implemented in New York, New Jersey, Washington, D.C., and Santa Clara County, California, more than 99 percent of people completed the pretrial period without an arrest for a serious crime.

DC does not have bail or bond, meaning a person would never be required to put up any sum of money in exchange for being released and told to come back to court.

It is against the law in Washington, D.C. to willfully fail to appear before a court or judicial officer after having been released with notice to return. D.C. Code § 23-1327(a). In other words, you can be criminally charged and punished for missing a court date.

To correct the unfairness, bail was eliminated. An individual can be held and not released on a citation from the police department, but instead held by the police and brought to the marshals at the Central Cell Block. They are taken to the marshals at the courthouse and brought before the judge.

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District of Columbia Motion to Release Defendant and Set Reasonable Bail