Alameda California Motion to Release Defendant and Set Reasonable Bond

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State:
Multi-State
County:
Alameda
Control #:
US-02735BG
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Word; 
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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 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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FAQ

Local rules are specific regulations set by a local court that govern procedures and practices within that jurisdiction. These rules complement state laws and provide detailed guidance on how cases are handled. Familiarity with local rules is crucial when filing documents, such as when preparing an Alameda California Motion to Release Defendant and Set Reasonable Bond.

Current bail practices are unconstitutional because they violate the rights to due process and equal protection under the Fourteenth Amendment, the prohibition against excessive bail found in the Eighth Amendment, and the right to a speedy trial guaranteed by the Sixth Amendment.

However, most of the time, bail is required. The amount of bail varies depending on the crime involved. All California counties have their own bail schedules that set forth the amount for bail for each type of crime. In Los Angeles County, nearly all arrestees get released on their own recognizance.

Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Released on Your Own Recognizance release) means you do not need to post bail to get out of jail. However, you must agree to appear at all court hearings. The judge may impose one or more conditions.

Additionally, the Supreme Court has indicated that the right to reasonable bail is an ongoing right; thus it is consistent with the Charter to interpret legislation as providing for the ability to review the continued appropriateness of any bail conditions originally imposed (Myers, supra).

The Bail Deviation Program gives inmates specific rights and establishes specific procedures which must be followed and complied with. It also gives peace officers another tool for keeping an inmate in custody if the circumstances warrant bail enhancement.

As provided by Cal. Penal Code § 1275, the judge or magistrate will weigh the following factors when setting, lowering, or denying bail: Whether or not releasing the defendant would endanger the community. This is the most important deciding factor of all.

Under Section 13, Article III of the 1987 Constitution, all persons are entitled to bail as a matter of right, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong.

Ultimately, bail determinations are made on the basis of the bail schedule, the defendant's level of dangerousness to the community, and whether the defendant is deemed a flight risk. In misdemeanor cases, citations to appear in court are usually served in lieu of bail being set.

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Alameda California Motion to Release Defendant and Set Reasonable Bond