Motion for Bail Reduction - Alaska

MOTION FOR REVIEW AND REDUCTION OF BAIL

Court Caption

IN THE [DISTRICT/SUPERIOR] COURT FOR THE STATE OF ALASKA

AT [CITY]

Case No. [CASE NUMBER]

Motion

Defendant [DEFENDANT NAME], through undersigned counsel, moves under Alaska Stat. § 12.30.006 and Alaska Criminal Rule 41 for review of the conditions of release entered on [DATE].

Defendant requests:

1. reduction of monetary bail from $[CURRENT AMOUNT] to $[REQUESTED AMOUNT] or another amount the Court finds appropriate; and
2. modification of the following conditions: [IDENTIFY CONDITIONS].

Review Route

Select and complete the applicable ground.

First Review Based on Continued Custody

• Defendant remains in custody at least 48 hours after appearing before a judicial officer.
• Defendant remains in custody because Defendant cannot meet the conditions of release.
• This application is made under Alaska Stat. § 12.30.006(c) to [THE JUDICIAL OFFICER WHO IMPOSED THE CONDITIONS / ANOTHER JUDICIAL OFFICER IN THE DISTRICT BECAUSE THE IMPOSING OFFICER IS UNAVAILABLE].

Subsequent Review

This is a subsequent review under Alaska Stat. § 12.30.006(d). The prosecutor ☐ stipulates to review without the conditions below ☐ does not stipulate. Defendant ☐ has ☐ has not been incarcerated for a period equal to the maximum sentence for the most serious charge. If neither exception applies, complete each condition below.

• The new information not previously considered is: [DESCRIBE NEW INFORMATION].
• This information was not presented at the previous review because: [EXPLAIN WHY IT WAS UNAVAILABLE OR NOT PRESENTED].
• If inability to post bail is the new information, describe Defendant's good-faith effort to post it: [DETAILS].
• At least seven days will have elapsed between the prior review on [DATE] and the requested hearing on [DATE].
• This is [NOT / IS] the one review based solely on inability to pay.
• Written notice is being provided at least 48 hours before the hearing to the prosecuting authority and any surety.

Relevant Facts

1. Charges: [CHARGES AND STATUTES].
2. Current bail and conditions: [DETAILS].
3. Custody date and facility: [DETAILS].
4. Residence and community ties: [DETAILS].
5. Employment, education, caregiving, or treatment commitments: [DETAILS].
6. Prior appearance history: [DETAILS].
7. Safety information and proposed safeguards: [DETAILS].
8. Financial resources and documented ability to post bail: [DETAILS].
9. New information since the prior setting or review: [DETAILS].
10. If a surety posted an existing performance or appearance bond, identify the surety and whether the surety agrees to the requested change, waived agreement in advance and in writing, or requires the Court's written no-increased-risk findings under Criminal Rule 41(c)(2): [DETAILS / NO SURETY].

Proposed Release Plan

Defendant proposes the following conditions authorized by Alaska Stat. § 12.30.011(b), tailored to the record:

• bond: [TYPE AND AMOUNT];
• supervision or third-party custodian: [NAME AND TERMS];
• travel or residence limits: [TERMS];
• reporting or electronic monitoring: [TERMS];
• no-contact or location restrictions: [TERMS];
• substance-related conditions, if supported by the record: [TERMS]; and
• other requested condition: [TERMS].

Argument

The present conditions should be modified because [EXPLAIN WHY THE VERIFIED FACTS AND NEW INFORMATION SUPPORT THE REQUEST]. The proposed plan addresses appearance and safety through [IDENTIFY SPECIFIC CONDITIONS] and is the least restrictive combination that reasonably does so. Monetary bail of $[CURRENT AMOUNT] is beyond Defendant's documented resources because [FACTS], while the requested alternative is [EXPLAIN].

Requested Relief

Defendant asks the Court to:

1. conduct the review authorized by Alaska Stat. § 12.30.006;
2. set bail at $[REQUESTED AMOUNT] or impose another authorized condition;
3. modify the existing conditions as stated above; and
4. grant other appropriate relief.

Dated: [DATE]

[ATTORNEY SIGNATURE]

[ATTORNEY NAME], Alaska Bar No. [NUMBER]

[ADDRESS]

[PHONE] | [EMAIL]

Attorney for Defendant

Certificate of Service

I certify that on [DATE], I served this motion and any supporting materials on:

• [PROSECUTOR NAME AND METHOD]; and
• [SURETY NAME AND METHOD], if applicable.

[ATTORNEY SIGNATURE]

Proposed Order

The Court, having reviewed the motion and the record, orders:

• ☐ Motion granted.
• ☐ Motion denied.
• Bail is set at $[AMOUNT] in the form of [FORM].
• Conditions are modified as follows: [CONDITIONS].
• If Criminal Rule 41(c)(2) applies, the surety's agreement or written waiver is attached, or the Court finds in writing that the change poses no increased risk of loss to the surety for these reasons: [FINDINGS / NOT APPLICABLE].
• All other conditions remain in effect.

Dated: [DATE]

[JUDICIAL OFFICER SIGNATURE]

Sources and References

• Alaska Statutes §§ 12.30.006-.016 — official legislature source
• Alaska Rules of Criminal Procedure — Rule 41