Massachusetts Motion to Release Defendant and Set Reasonable Bail

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US-02728BG
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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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  • Preview Motion to Release Defendant and Set Reasonable Bail
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How to fill out Motion To Release Defendant And Set Reasonable Bail?

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FAQ

All defendants have a guaranteed right to bail. A majority of criminal convictions in state courts are the result of plea bargaining. Bail is provided for under the Sixth Amendment. About half of all the adult felony cases brought to prosecutors by the police are dismissed through a nolle prosequi.

The opportunity to post bail is not a guarantee for every defendant. A bail bondsman operates as a private sector business, and not an arm of the government. A signature bond is commonly used in minor traffic offenses. Every jury trial requires at least 12 sworn jurors.

In Massachusetts, bail amounts depend upon factors like crime severity, flight risk and previous criminal history ? thus helping prepare you for hearings while potentially lowering bail amounts.

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.

?All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excess fines imposed, nor cruel and unusual punishments inflicted.?

States typically have a constitutional provision mirroring the federal Eighth Amendment prohibition on excessive bail. There also are constitutional or statutory provisions that provide the ?right to bail??the right to be released from jail before trial after a defendant agrees to return for court.

Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

For State cases, it's entirely in cash ? there are no bail bondsmen in Massachusetts. You must also give the bail commissioner a $40 fee if you can make the bail at the police station. The amount of bail set can vary widely.

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Massachusetts Motion to Release Defendant and Set Reasonable Bail