Delaware Motion to Release Defendant and Set Reasonable Bond

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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 bond 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

Release on recognizance (ROR) ? The court releases some defendants on a signed agreement that they will appear in court as required ? [which] includes citation releases in which arrestees are released pending their first court appearance on a written order issued by law enforcement or jail personnel.

Most states have different limits for different kinds of crimes, and Delaware is no different. There is a three-year time limit for the filing of Class A misdemeanor charges, for instance, but a two-year limit for all other misdemeanors.

Crime Classifications CrimeMax Jail TimePresumptive BailClass A felony15 years to life40k -100kClass B felony2 to 25 years20k-60kClass C felonyup to 15 years5k-20kClass D felonyup to 8 years2500-10k7 more rows

(6) Official misconduct is a class F felony where the harm caused is physical injury, or the public servant engages in conduct constituting an offense which is punishable as an unclassified misdemeanor, a class B misdemeanor, or a class A misdemeanor.

year limitation applies for breach of written contracts and two years for breach of spoken contracts. Debt collection suits have a threeyear statute of limitations.

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

(a) If the defendant does not provide the form of conditions of release bond required by the court, or if the defendant does not agree to meet the conditions for release, the defendant shall be held in the custody of the Department of Correction until the defendant cures such failure or until the court otherwise orders ...

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

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Delaware Motion to Release Defendant and Set Reasonable Bond