Wayne Michigan Motion to Release Defendant and Set Reasonable Bond

Category:
State:
Multi-State
County:
Wayne
Control #:
US-02735BG
Format:
Word; 
Rich Text
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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FAQ

Arraignment. The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges.

After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed. Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests.

A Virginia felony failure to appear charge may result in $2,500 in fines and one to five years in jail. In either case, if you fail to appear in Virginia court, you will forfeit your bond and may be charged with violation of your probation and have your suspended sentence revoked.

Nolle Prosequi. The term used when a prosecutor decides to drop a case after a complaint has been formally made. Reasons for a nolle prosequi include evidence insufficiency, reluctance of witnesses to testify, police error, and office policy.

14 Cards in this Set The U.S. Supreme Court is the only court established by constitutional mandateTrueAll evidence points to the conclusion that prosecutorial discretion is used toScreen out the weakest casesWhich of the following is the most common reason for prosecutors to reject casesEvidence problems11 more rows

Failure to Appear in Virginia is charged under Virginia Code §19.2-128. It is a Class 1 misdemeanor punishable by zero to twelve months in jail and/or a fine of up to $2,500.00. The judge hearing the original case will issue a bench warrant (capias) at the hearing in the person's absence.

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

A judge can impose a jail sentence or fines if you are found guilty of failure to appear or contempt of court.

Being released on bail means that you're no longer held in police custody after being suspected of a crime. However, getting out of jail does not mean the matter you were allegedly involved in has been resolved. You must still go through a trial to defend your innocence.

Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file.

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Wayne Michigan Motion to Release Defendant and Set Reasonable Bond