North Carolina Motion — Request for Bond Reduction is a legal process which allows a defendant, or their lawyer, to ask the court to reduce the amount of bail or bond they must pay. This motion must be filed in the court where the criminal case is pending. Depending on the circumstances, the court may grant the motion, reducing the amount of bail or bond required for the defendant’s release. Generally, there are two types of North Carolina Motion — Request for Bond Reduction: 1) Motion to Reduce Bail or Bond, and 2) Motion to Modify Conditions of Release. The former requires the defendant to pay a reduced amount of bail or bond while the latter seeks to reduce or eliminate certain conditions of release, such as electronic monitoring or drug testing.
North Carolina Motion - Request for Bond Reduction
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How to fill out North Carolina Motion - Request For Bond Reduction?
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If you want to post bond but cannot afford the required amount, you may ask the judge to lower the bond amount at your first appearance in court. Bond is not set to ?punish? a person, and the Constitution states that bond cannot be excessive.
A motion for appropriate relief (or ?MAR?) is a motion to correct a purported error in the legal proceedings, and asks the court for relief such as vacating a conviction or ordering a new trial. There are statutory limits on both the time when an MAR may be filed, and the alleged errors which may be challenged in it.
The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss. If the allegations raised in a motion to dismiss have merit, the court may throw away the case without going to trial.
Stat. § 15A-951. Section 15A-951 - Motions in general; definition, service, and filing (a) A motion must: (1) Unless made during a hearing or trial, be in writing; (2) State the grounds of the motion; and (3) Set forth the relief or order sought.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.
Out on Bond Rules You are not allowed to leave the state without permission. If you are required to leave the state as a condition of your defense, you may be allowed to do so, but you need to reach out to the prosecutor to get approval, You are required to show up to all of your court hearings.
Obtaining a Bond Reduction First, the prosecutor might agree to the defense's request for a reduced bond, and then the court can simply sign a bond reduction order based on that agreement. Second, a contested hearing can be held and the court can set a new bond after hearing from both the prosecution and the defense.
The standard bail fee is about 15 percent of the bail amount. You'll pay either using cash, secured bail bonds, or unsecured bail bonds. You can also get an ?Own Recognizance? release. This means you won't pay anything but will promise in writing to be present for your court cases.
