Missouri Motion to Release Defendant and Set Reasonable Bond

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Multi-State
Control #:
US-02735BG
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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 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

After reviewing the pleadings and relevant case law, the Court finds that Defendant's motion should be GRANTED. The Standard for review regarding a motion to dismiss on the pleadings is as follows: A motion to dismiss for failure to state a cause of action is solely a test of the adequacy of the plaintiff's petition.

Under Missouri Supreme Court Rule 33.05, the Court MUST review your detention or conditions of release as soon as possible but no later than seven days after your initial arraignment.

DUAL USE OF YOUR MONEY AND BOND ASSIGNMENTS: Most attorneys would formally take what is called a "bond assignment" which is a document executed by the defendant that states that after the case is over the bond posted by the defendant or a family member is paid by the court to the attorney to be used as attorney fees.

These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.

Under Rule 33.01(c), the court shall release the defendant on his or her recognizance with the standard conditions of release set forth in Rule 33.01(b), including that the defendant: appear in court as scheduled; submit to the orders, judgment and sentence, and process of the court; not commit any new offense and ...

Grounds. A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19.

513.612. Right to file motion to dismiss ? jury trial. ? Any party may bring one motion to dismiss at any time and such motion shall be heard and ruled on within ten days.

A dismissal without prejudice permits the party to bring another civil action for the same cause, unless the civil action is otherwise barred. A dismissal with prejudice bars the assertion of the same cause of action or claim against the same party. Amended Jan.

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Missouri Motion to Release Defendant and Set Reasonable Bond