Louisiana Motion to Remain Out on Bail

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State:
Louisiana
Control #:
LA-5104
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Word; 
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The Motion to Remain Out on Bail is a legal document filed by a defendant in a criminal case to request permission to stay out on bail until a placement in the Impact Program is available. This form is specifically useful when an individual wants to ensure their release from custody while awaiting a position in a program designed to rehabilitate offenders, distinguishing it from other bail motions that may not be related to rehabilitation programs.

  • Case information: Includes details such as Criminal Action Number and Judicial District Court.
  • Defendant's name: The individual seeking to remain out on bail must be clearly identified.
  • Motion intent: The specific request to stay out on bail pending an available position in the Impact Program.
  • Order section: Contains the court's order allowing the defendant to remain out on bail until a placement becomes available.
  • Signature lines: Space for the judge's signature and date to validate the order.

This form is necessary when a defendant has been granted bail but is awaiting entry into an Impact Program. The motion is crucial for individuals who want to remain free while the program placement is being finalized, ensuring they can participate in rehabilitation efforts rather than staying in custody.

Intended audience:

  • Defendants in criminal cases who are currently out on bail.
  • Individuals seeking to maintain their bail status while transitioning to rehabilitative programs.
  • Legal representatives assisting clients in filing motions related to bail and rehabilitation programs.

Follow these steps to complete the form:

  • Enter the Criminal Action Number and relevant court details at the top of the form.
  • Specify the defendant’s name clearly in the appropriate field.
  • State the purpose of the motion clearly, indicating the request to remain out on bail.
  • Include a section where the judge can sign and date the order granting the motion.
  • Ensure that your attorney's details are included at the bottom of the form.

This form does not typically require notarization unless specified by local law. Always check local regulations to determine if notarization is necessary in your specific case.

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  • Failing to include the correct Criminal Action Number.
  • Not clearly stating the reason for remaining out on bail.
  • Omitting required signatures from the attorney or judge.
  • Convenience of completing the form online without the need for physical visits.
  • Editability allows for quick adjustments before final submission.
  • Reliability of using templates drafted by licensed attorneys ensures legal accuracy.

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FAQ

A 72-hour hearing in Louisiana occurs after an individual is detained for reasons such as mental health evaluations or emergencies. The hearing determines whether to continue detention or release the individual. Understanding your rights during this process is vital, and seeking legal counsel can help you navigate motions like the Louisiana Motion to Remain Out on Bail effectively.

A 72-hour psych hold in Louisiana allows authorities to detain individuals for mental health evaluation if they pose a danger to themselves or others. This hold is initiated by law enforcement or medical professionals. Understanding the implications of the 72-hour psych hold is crucial when navigating legal matters, including potential motions for bail.

The state has to bring you to trial with 120 days if you are accused of a felony and 30 days if you are accused of a misdemeanor and are still being held in custody. If you have bonded out, the State has 180 days to bring you to trial on a felony charge and 60 days to bring you to trial on a misdemeanor charge.

An arraignment in Louisiana is the first court appearance in criminal court in Louisiana. Prior to the arraignment, the prosecutor either filed a bill of information, which is the formal charge, or the grand jury returned a true bill indictinhg the defendant. The arraignment is then set.

You can contact a licensed bail bondsman to post a commercial surety bond, more commonly known as a bail bond. This service is helpful if you cannot afford to post the entire amount of the bond in cash. For a fee (usually around 13% of the total bond), a bail bondsman will post the total amount of the bond for you.

A bail bondsman can pay the amount of the bail to the courts in exchange for a payment of 10% the bail amount, and the courts hold the money until their court date arrives. If the defendant shows up for their court date, the bondsman gets back the entire amount of the bail.

If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances.If a defendant is found not guilty, the bond is discharged; if the defendant pleads guilty, the bond is discharged at the time of sentencing.

(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.

Property bond In some cases, a defendant or a co-signer will put up a piece of property to cover the cost of bail. The land must be located in the state and the court will record a mortgage against the property after receiving the title and ensuring there is sufficient equity to pay the bond, if necessary.

In addition to the seriousness of the charged crime, the amount of bail usually depends on factors such as a defendant's past criminal record, whether a defendant is employed, and whether a defendant has close ties to relatives and the community.

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Louisiana Motion to Remain Out on Bail