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.
Description: An Oregon Motion to Release Defendant and Set Reasonable Bond is a legal petition submitted to the court by the defense attorney on behalf of the defendant. This motion aims to secure the release of the defendant from custody while awaiting trial, as well as to request the court to set a reasonable bail amount. The motion is typically prepared and filed after the defendant has been arrested and is in police custody or detention. Keywords: Oregon, Motion to Release Defendant, Set Reasonable Bond, legal petition, defense attorney, defendant, custody, trial, bail amount, police custody, detention. Different types of Oregon Motion to Release Defendant and Set Reasonable Bond may include: 1. Pretrial Release: In this type of motion, the defense attorney seeks the defendant's release from custody before trial. The motion argues that the defendant is not a flight risk, presents no danger to the community, and is likely to appear for all required court appearances. The defense attorney may present evidence such as ties to the community, stable employment, strong family support, or lack of previous criminal history to support the motion. 2. Modification of Bail: This type of motion is filed when the defense attorney believes that the current bail amount set by the court is unreasonably high or burdensome for the defendant. The motion requests the court to consider reducing the bail amount to a more reasonable level, considering the defendant's financial circumstances, community ties, and the nature of the charges. 3. Bond Conditions: This motion focuses on requesting the court to impose specific conditions upon the defendant's release, such as mandatory check-ins with a probation officer, travel restrictions, electronic monitoring, or participation in a drug or alcohol treatment program. The defense attorney may argue that the proposed conditions will ensure the appearance of the defendant in court and address any concerns about potential dangers or flight risks. 4. Bond Forfeiture: This type of motion is filed by the prosecution when the defendant fails to comply with the conditions of their release or intentionally absconds. The motion seeks the forfeiture of the posted bail or bond, resulting in financial penalties or seizure of collateral provided by the defendant or their surety. In summary, an Oregon Motion to Release Defendant and Set Reasonable Bond is a crucial legal tool used by defense attorneys to seek the release of defendants from custody and to request the court to determine a fair bail amount. Various types of motions can be filed depending on the specific circumstances of the case, aiming to persuade the court that the defendant poses no flight risk or danger to the community and can be trusted to appear for all required court proceedings.
