Wisconsin Motion to Release Defendant and Set Reasonable Bail

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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 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.

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FAQ

Standard conditions of Bail/Bond include, but are not limited to: Defendant shall appear on all court dates. Defendant shall give written notice to the Clerk of Court within 48 hours of any change of address or telephone number. Defendant shall not commit any crime.

At the bail hearing the judge will decide whether the accused may be released on a signature bond or cash bond, or, for the most serious cases (such as homicide or sexual assault), not released at all during the pendency of the case.

Under Wisconsin Statute 946.49, anyone who intentionally fails to comply with the terms of his or her bond is guilty of bail jumping. Misdemeanor bail jumping (a Class A misdemeanor) can add 9 months in jail and fines up to $10,000 to the sentence for the original charge.

Wisconsin Legislature: 969.07. (a) A person accused of committing an offense under s. 940.01, 940.225 (1), 948.02 (1) or (2), 948.025, or 948.085. (b) A person accused of committing or attempting to commit a violent crime and the person has a previous conviction for committing or attempting to commit a violent crime.

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.

969.13 Forfeiture. (1) If the conditions of the bond are not complied with, the court having jurisdiction over the defendant in the criminal action shall enter an order declaring the bail to be forfeited.

In some rare instances, for certain felony crimes, the Wisconsin Constitution empowers judges to deny someone charged with a crime from being released before they are convicted.

Your attorney can file a bond modification motion asking the court to review and lower the amount of money required for you to post.

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Wisconsin Motion to Release Defendant and Set Reasonable Bail