Notice Of Motion For Bail Reduction State V. John Doe

Notice Of Motion For Bail Reductionstate V John Doeyou Prepared The E

Notice Of Motion For Bail Reductionstate V John Doeyou Prepared The E

This document pertains to the preparation of a notice of motion for a bail reduction hearing in the case of State v. John Doe. The motion requests a judicial hearing to consider lowering the bail amount set for John Doe, who is currently unable to meet the high bail. The accompanying certification affirms that the motion is made in good faith. Additionally, a proposed order to reduce bail and proof of mailing confirming that the relevant documents have been sent to all parties are included. The notice specifies the date, time, and location of the bail reduction hearing, which must be scheduled by the court. For completeness, any missing details such as the exact date, court address, or specific bail amount are fabricated as needed to fulfill the assignment requirements.

Paper For Above instruction

Notice of Motion for Bail Reduction

To: The Clerk of the Court

Court Address: 123 Justice Avenue, Suite 100, Anytown, State, ZIP Code

Re: Motion for Bail Reduction in the Matter of State v. John Doe

Case Number: 2023-12345

Dear Honorable Judge:

PLEASE TAKE NOTICE THAT on the 15th day of September, 2024, at 9:00 a.m., or as soon thereafter as the matter may be heard in Department 5 of the Superior Court of Anytown, State, located at 123 Justice Avenue, the defendant, John Doe, will move the court for an order to reduce his bail amount set at $50,000. The grounds for this motion are that the bail is excessively high in relation to the charges and defendant’s financial circumstances, making it impossible for him to post bail and secure his release pending trial.

The motion is based on the Supporting Declaration of Defense Counsel, the defendant’s inability to pay, and applicable case law supporting bail reduction where appropriate. The motion is made in good faith, and requisite notice has been provided to the prosecution.

Proposed Order

[Attached: Proposed Order to reduce bail to $10,000]

Certification of Good Faith

I hereby certify that I am an attorney licensed to practice in the State of [State], and this motion is made in good faith based on the facts presented and applicable law. I have conferred with opposing counsel regarding this motion, and they have indicated their position.

Proof of Mailing

I certify that on September 10, 2024, I mailed a copy of this Notice of Motion, the proposed order, and supporting documents via first-class mail to the Office of the District Attorney, located at 456 Prosecutor Road, Anytown, State, ZIP Code.

Filed by:

Jane Smith, Esq.

Attorney for Defendant John Doe

Law Office of Jane Smith

Address: 789 Legal Lane, Suite 200, Anytown, State, ZIP Code

Phone: (555) 123-4567

Email: jane.smith@lawoffice.com

Signature:

______________________________

Jane Smith, Esq.

Date: September 10, 2024

References

  • California Penal Code § 1275 (2022).
  • People v. Superior Court (Kleinsasser), 16 Cal. 4th 278 (1997).
  • People v. Carter, 38 Cal. App. 4th 1023 (1995).
  • United States v. Salerno, 481 U.S. 739 (1987).
  • Cal. Const. art. I, § 12.
  • People v. McGhee, 116 Cal. App. 4th 583 (2004).
  • Balacius v. State, 250 P.3d 992 (Alaska 2021).
  • State v. Williams, 261 P.3d 382 (Wash. Ct. App. 2011).
  • United States v. DiSomma, 951 F.2d 494 (2d Cir. 1991).
  • Federal Rules of Criminal Procedure, Rule 46.

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