Delaware Motion to Release Defendant and Set Reasonable Bail

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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.

Delaware Motion to Release Defendant and Set Reasonable Bail is a legal process that allows individuals charged with a crime in the state of Delaware to request their release from custody while awaiting trial. This motion aims to secure the defendant's freedom and ensure that a fair and reasonable bail amount is set. In Delaware, there are different types of motions to release defendants and set reasonable bail, including: 1. Standard Motion: The standard motion is filed by the defense attorney requesting the court to release the defendant from custody and set a bail amount that is fair and reasonable. The defense will present arguments and evidence to support the motion, such as the defendant's ties to the community, employment stability, previous criminal record, and willingness to cooperate with the legal process. 2. Bail Reduction Motion: If a defendant is unable to afford the initially set bail amount, they can file a bail reduction motion. This motion requests the court to review and potentially lower the bail, making it more affordable for the defendant or their family to secure their release. The defense attorney may present additional circumstances or evidence to justify the need for a reduced bail amount. 3. Pretrial Release Motion: In cases where the defendant's presence in the community poses no threat to public safety or flight risk, a pretrial release motion can be filed. This motion argues for the defendant's release without requiring them to pay any bail. The defense may present evidence such as stable employment, strong community ties, or a lack of violent criminal history to support the request. 4. Conditional Release Motion: A conditional release motion seeks to determine specific conditions under which the defendant can be released on bail. The defense attorney may propose conditions such as electronic monitoring, drug testing, or regular check-ins with a probation officer. These conditions serve to ensure the defendant's compliance with the legal process while still allowing them to remain out of custody. It is crucial to note that each Delaware Motion to Release Defendant and Set Reasonable Bail will depend on the specific circumstances of the case, the defendant's criminal history, and the court's evaluation of the potential risk posed by the defendant's release. The court will carefully consider these factors before making a decision on the motion.

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FAQ

Rule 9. Upon the request of the attorney general a summons instead of a warrant shall issue. If no request is made, the court may issue either a warrant or a summons in its discretion.

If you have posted bond and wish to change either the conditions or the amount, you must file a Motion to Modify Bond. A hearing will be scheduled and you will be notified in writing when to attend.

(g) Damages. A pleading, whether a complaint, counterclaim, cross-claim or a third-party claim, which prays for unliquidated money damages, shall demand damages generally without specifying the amount, except when items of special damage are claimed, they shall be specifically stated.

(b) Fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge and other condition of mind of a person may be averred generally.

A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies.

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the Court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.

A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.

The defendant must pay the Court a designated amount of money or post security in the amount of the bail in order to be released. This security can be in the form of cash or property and may be posted by the defendant or by someone on his/her behalf, e.g., a relative or a bail bondsman.

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(a) The court shall release a defendant accused of a bailable crime on a conditions of release bond or a conditions of release bond not guaranteed by financial ... Oct 9, 2009 — To file by email, you must send the motion and required forms to the appropriate case type email address: •. Custody and Visitation Cases: ...If a person wishes to reduce their bail amount in Delaware County, they must file a motion with the Delaware County Court of Common Pleas, located in Media, PA. Section 2110 - Modification of bail, security or conditions of release and sanctions for violation (a) Unless reviewed earlier, a court with jurisdiction ... Jun 20, 2022 — Bail may be denied by a court of record pending trial for a defendant charged with a felony if the prosecuting authority requests a hearing and ... If a defendant is arrested for a separate criminal offense while released on a prior posted bond, the Court may revoke the prior posted bond. This Bail Schedule ... TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES YOUR DEFENDANT in the captioned cause, and moves the court to set a reasonable bond, and in support of this ... (5) The Court on its own motion, on motion by any party, or on application by a non-party, may order the custodian to file the original of any discovery. First, find out which judge will review your request: • For Criminal cases, the judge currently assigned to your case will review the request. If you. Experienced Pennsylvania bail reduction lawyer for Bucks County and Montgomery County PA. On call 24/7. Affordable rates. Free consultation.

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Delaware Motion to Release Defendant and Set Reasonable Bail