Maine 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.

A Maine Motion to Release Defendant and Set Reasonable Bond is a legal document filed by the defendant's attorney in the state of Maine, seeking the release of the defendant from custody until their trial or hearing. This motion aims to request a reasonable bond amount to be set for the defendant, ensuring their presence in court while also considering their financial circumstances. Keywords: Maine, motion to release defendant, set reasonable bond, legal document, attorney, custody, trial, hearing, bond amount, court, financial circumstances. In the legal system of Maine, there are different types of motions that can be filed to request the release of a defendant and the setting of a reasonable bond. These types include: 1. Motion for Personal Recognizance Bond: This type of motion requests the defendant's release without the need for posting any financial bond. It argues that the defendant is not a flight risk and poses no danger to the community, therefore warranting their release based on their personal recognizance. 2. Motion for Cash Bail / Surety Bond: This motion seeks the defendant's release on the condition of posting a specific amount of cash or obtaining a surety bond. It provides the court with reasons to believe that the defendant will appear for all scheduled court appearances and comply with any conditions set by the court. 3. Motion for Reduced Bond: This type of motion is filed when the defendant or their attorney believes that the originally set bond amount is unreasonably high or beyond the defendant's financial means. It presents arguments and evidence to support a reduction in the bond amount, taking into account the defendant's financial circumstances and other relevant factors. 4. Motion for Bond Modification: This motion is filed when the circumstances of the defendant's case change, warranting a modification of the originally set bond conditions. For example, if the defendant's financial situation improves or if they need to travel for necessary medical treatment, this motion requests a modification to the bond terms to accommodate these changes. 5. Motion for Pretrial Release Conditions: In some cases, the defendant's release may be subject to specific conditions, such as attending counseling, maintaining a curfew, or refraining from contacting certain individuals. This motion requests the court to impose or modify these conditions to address any unique circumstances or concerns surrounding the case. Each of these motions serves the common purpose of advocating for the release of the defendant from custody while ensuring their appearance in court and the safety of the community. They provide an opportunity for the defendant or their attorney to present arguments, evidence, and financial information to support their requests for reasonable bond terms in the state of Maine.

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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.

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.

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.

(d) Redetermination of Bail by Another Justice or Judge. Any defendant charged with a crime bailable as of right who is aggrieved by a decision of the court made at arraignment or initial appearance as to the amount or conditions of bail set may file one petition for redetermination of bail by another justice or judge.

Own Recognizance (OR) A person is granted release on their own recognizance when the judge releases them with no money bail or conditions. The person is simply released and can fight their case outside of custody.

?Bail? is money or property that a defendant puts up as a promise to return for future court dates.

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.

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.

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More info

Oct 30, 2023 — A defendant presently in custody who is qualified to be released upon personal recognizance or upon execution of an unsecured appearance bond, ... Factors to be considered in release decision. In setting bail, the judicial officer shall, on the basis of an interview with the defendant, information provided ...§ 1002 setting forth the purpose and intent of the Maine Bail Code and 15 M.R.S.A. § 1026(1). (3) containing the more specific standards for release for a crime ... Description Motion Court Form Blank. A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an ... Dec 2, 2013 — Begin to build a track record of compliance with bail conditions, sobriety, steady employment or academic success so that they can argue to the ... Jun 20, 2022 — These constitutional provisions establish the release/detention framework, setting the current state boundaries for initial pretrial detention ... First, find out which judge will review your request: • For Criminal cases, the judge currently assigned to your case will review the request. If you. TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES YOUR DEFENDANT in the captioned cause, and moves the court to set a reasonable bond, and in support of this ... Any defendant charged with a crime bailable as of right who is aggrieved by a decision of the court made at arraignment or initial appearance as to the amount ... Oct 13, 2004 — A criminal defendant's failure to object to the imposition of a particular condition of release does not constitute a waiver of the issue.

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Maine Motion to Release Defendant and Set Reasonable Bond