Idaho Motion to Release Defendant and Set Reasonable Bond

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US-02735BG
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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

(c) Withdrawal of Plea of Guilty. A motion to withdraw a plea of guilty may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice the court may set aside the judgment of conviction after sentence and may permit the defendant to withdraw a plea of guilty.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

A defendant may be admitted to bail or released on the defendant's own recognizance by the court in which the defendant was convicted pending an appeal on consideration of the factors set forth in subsection (c) of this rule unless it appears that the appeal is frivolous or taken for delay.

If the defendant does not pose a threat to people in the community, they do not have a criminal record, and their crime did not involve violence, they are more likely to get a release on their own recognizance.

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.

An own recognizance release allows a defendant in a criminal case to be released from custody without posting bail.

Own recognizance (OR), also called personal recognizance, means a release, without the requirement of a posting bail, based on a written promise by the defendant to appear in court when required to do so.

Release on recognizance gets you out of jail based on a promise to appear in court. In other words, a judge agrees to let you out of jail in exchange for your word that you'll show up for all your future court dates?plus a signed contract to that effect. It's essentially a get-out-of-jail-free card.

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Idaho Motion to Release Defendant and Set Reasonable Bond