Maine Motion to Release Defendant and Set Reasonable Bail

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Multi-State
Control #:
US-02728BG
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Word; 
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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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FAQ

Upon motion by the attorney for the State or the defendant and after notice and upon a showing of changed circumstances or upon the discovery of new and significant information, the court may amend the bail order to relieve the defendant of any condition of release, modify the conditions imposed or impose further ...

Bail is a sum of money placed with the court whose purpose is to ensure the appearance of the accused at trial. If paid in full or secured by a deposit (depending on the statutory regulations) it enables the accused to remain at liberty pending trial.

The principal purpose of bail is to insure that an accused person will return for trial, if he is released after arrest. How is that purpose met under the present system? The defendant with means can afford to pay bail.

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.

Bail is intended to ensure the safety of the public and alleged victim and the arrestee's future appearance in court. Bail is not intended to punish a presumed innocent person who does not have the financial means to post bail. individual's risk to public safety and ensuring future appearances in court.

Bail is a sum of money placed with the court whose purpose is to ensure the appearance of the accused at trial. If paid in full or secured by a deposit (depending on the statutory regulations) it enables the accused to remain at liberty pending trial.

Bail is sometimes set initially by a bail commissioner, but the critical bail determination is made by a judge at the defendant's first appearance. If the arrested person or a third party can't post the full amount of money required then he or she is stuck in jail pending resolution of the charges.

In that sense, bail is like collateral left with the court to ensure that, after the defendant's release from jail, he or she will return for the remaining parts of the criminal case. If the defendant fails to appear or violates the conditions of the release, he or she might forfeit the amount paid.

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Maine Motion to Release Defendant and Set Reasonable Bail