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.
A Nebraska Motion to Release Defendant and Set Reasonable Bail is a legal document filed by the defendant or their attorney in a court of Nebraska, seeking the release from custody pending trial along with the establishment of a reasonable bail amount. This motion serves to request the court's consideration of factors and circumstances that warrant the defendant's release and outlines the proposed conditions and bail amount that would ensure the defendant's appearance in court while also protecting the community's safety. In Nebraska, there are various types of motions related to the release of a defendant and setting reasonable bail. Some of them include: 1. Pretrial Release Motion: This motion seeks the release of the defendant on their own recognizance (OR) or upon the imposition of reasonable non-monetary conditions, such as regular check-ins with a pretrial services officer, surrendering the passport, or attending mandatory counseling or therapy sessions. 2. Bail Reduction Motion: This motion requests the court to lower the initially set bail amount, which may be unaffordable for the defendant or their family. It presents compelling reasons, such as financial hardship, lack of flight risks, strong community ties, or minimal threat to public safety, that justify a reduced bail. 3. Motion for Supervised Release: In situations where a defendant is deemed to pose some risk to the community but can be safely monitored, this motion proposes the release under close supervision by pretrial services or other appropriate agencies. It outlines specific conditions, such as electronic monitoring or regular reporting, to ensure compliance and public safety. 4. Motion for Bond Review: If a defendant's circumstances have substantially changed since bail was initially set, this motion requests the court to review and modify the existing bond conditions or amount. Reasons for such a motion include employment loss, medical emergencies, or a significant change in living arrangements. 5. Motion for Release Pending Appeal: This motion is relevant when a defendant intends to appeal a conviction or sentence. It seeks release from custody during the appeal process, demonstrating that the defendant has meritorious grounds for appeal and does not pose a flight risk or danger to the community. When drafting the Nebraska Motion to Release Defendant and Set Reasonable Bail, it is crucial to include key elements such as the defendant's personal and contact information, a detailed explanation of the circumstances justifying the release, any previous court appearance history, employment record, financial information, character references, and proposed conditions for release. It is advisable to consult an attorney experienced in Nebraska criminal law to ensure the motion effectively presents a compelling argument for the defendant's release on reasonable bail.
