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Motion to Release Defendant and Set Reasonable Bond

Texas Motion to Release Defendant and Set Reasonable Bond

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-02735BG

Format:

Instant download

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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How to fill out Motion To Release Defendant And Set Reasonable Bond?

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FAQ

Texas Code of Criminal Procedure Article 17.151 provides some further relief to a defendant sitting in jail without bail. Under this provision, if the State is ?not ready for trial? within 90 days the Judge must release the defendant on a personal bond or reduce bail.

?Bail? is money or property that a defendant puts up as a promise to return for future court dates.

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.

Own Recognizance (OR) A person is granted release on their own recognizance when the judge releases them with no money bail or conditions. The person is simply released and can fight their case outside of custody.

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

If a judge has indicted the defendant the attorney will file a Motion for a Bond Reduction. The attorney will then either agree with the State for a lower bond amount or put on a hearing in front of the Judge, similar to the Writ process.

If you are so foolish as to violate any of the terms of your bond, the court will revoke your bail (set aside your bond), and you will be jailed until your case is resolved. Aside from costing both money and your personal freedom, it may also jeopardize your ability to mount a defense.

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