Montana Motion to Release Defendant and Set Reasonable Bond

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US-02735BG
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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

46-9-503. Violation of release condition -- forfeiture. (1) If a defendant violates a condition of release, including failure to appear, the prosecutor may make a written motion to the court for revocation of the order of release.

Any person can post his/her bond. Any person over the age of 18 can also post a bond on behalf of the arrestee. If you don't have the cash to cover the full bond amount, you may choose to hire a bail bond agent, who charges a fee of 10% of the total amount of the bail required.

To maintain confidence in the administration of justice, bearing in mind specific circumstances such as the strength of the prosecution's case, the gravity of the offence, the sentencing range for the offence, and whether a firearm was used (referred to as the ?tertiary ground?).

Promise to Appear (?Form 10 Release?) Undertaking Given to a Peace Officer/Officer in Charge (?Form 11.1 Release?) Recognizance Entered into Before an Officer in Charge (?Form 11 Release?)

This is known as ?bail.? If the police do not release the suspect, he or she must be brought before a judge or justice for a bail hearing. 1 ?Judicial interim release? occurs when a judge or justice releases an accused conditionally into the community after a charge has been laid and pending trial.

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.

If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

A surety bond is your most standard form of bail bond. It will cost the defendant 10% of the total bail amount*. *The bail amount is always set by a judge who uses the circumstances of the criminal act to determine the amount to charge.

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Montana Motion to Release Defendant and Set Reasonable Bond