Motion for Bail Reduction - District of Columbia

APPLICATION TO REVIEW AND AMEND CONDITIONS OF PRETRIAL RELEASE

Before you use this: This application seeks review of a pretrial condition that the defendant cannot meet after 24 hours. For first- or second-degree murder or assault with intent to kill while armed, review D.C. Code § 23-1325 and the detention order before using the § 23-1321 review route; § 23-1325 may direct the court back to § 23-1321.

Court Caption

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CRIMINAL DIVISION

Case No. [CASE NUMBER]

Application

Defendant [DEFENDANT NAME], through undersigned counsel, applies under D.C. Code § 23-1321(c)(4) to review the conditions imposed on [DATE].

• More than 24 hours have passed since the release hearing.
• Defendant remains detained because Defendant cannot meet the conditions of release.
• Defendant requests release on personal recognizance, an unsecured appearance bond, or the least restrictive further conditions sufficient under § 23-1321(b)-(c).

A financial condition may be imposed to reasonably assure appearance, but § 23-1321(c)(3) prohibits using it to assure safety or in a manner that results in preventive detention except through § 23-1322(b).

Alternative Review Routes

Select any additional applicable route.

• ☐ Detention hearing reopening: information not known to the movant at the prior hearing materially bears on whether release conditions can reasonably assure appearance and safety. D.C. Code § 23-1322(d)(6).
• ☐ Review by the court with original jurisdiction: after § 23-1321(c)(4) review by a judicial officer other than a judge of that court, Defendant remains detained or subject to a continued return-to-custody condition. D.C. Code § 23-1324(a).
• ☐ Other authorized route: [IDENTIFY].

Procedural Facts

1. Charges: [CHARGES AND STATUTES].
2. Release or detention order entered: [DATE AND TERMS].
3. Current reason for detention: [DETAILS].
4. Prior reviews: [DETAILS].
5. New information, if applicable: [DETAILS].

Release Information

Address the relevant record:

• nature and circumstances of the charge: [FACTS];
• weight of the evidence: [FACTS];
• character, physical and mental condition, family ties, employment, financial resources, residence, community ties, past conduct, substance-use history, criminal history, and appearance record: [FACTS];
• status on probation, parole, supervised release, or other release when relevant: [FACTS];
• asserted danger and proposed safeguards: [FACTS]; and
• verified ability to satisfy any proposed financial condition: [FACTS].

Proposed Conditions

Defendant proposes the following condition or combination under § 23-1321(c):

1. ☐ personal recognizance;
2. ☐ unsecured appearance bond of $[AMOUNT];
3. supervision by [PERSON OR ORGANIZATION];
4. employment, education, residence, association, or travel terms: [DETAILS];
5. no-contact, reporting, curfew, weapon, treatment, or monitoring terms: [DETAILS];
6. property or bond condition limited to assuring appearance: [DETAILS]; and
7. other condition reasonably necessary for appearance and safety: [DETAILS].

Argument

The requested conditions reasonably assure appearance and safety because [APPLY FACTS]. The present financial condition results in detention because [FINANCIAL FACTS]. The proposed plan is less restrictive and directly addresses the identified concerns through [DETAILS].

If the Court does not amend the conditions and release Defendant, § 23-1321(c)(4) requires written reasons for the continued conditions.

Requested Relief

Defendant asks the Court to:

1. promptly review the conditions;
2. release Defendant under the proposed conditions;
3. state written reasons if detention-causing conditions remain; and
4. grant other appropriate relief.

Dated: [DATE]

[ATTORNEY SIGNATURE]

[ATTORNEY NAME], D.C. Bar No. [NUMBER]

[ADDRESS]

[PHONE] | [EMAIL]

Counsel for Defendant

Certificate of Service

I certify that on [DATE], I served this application and supporting materials on [PROSECUTOR/OFFICE] by [METHOD].

[ATTORNEY SIGNATURE]

Proposed Order

The Court orders:

• ☐ Application granted.
• ☐ Application denied.
• Conditions are amended to: [TERMS].
• Written reasons for any continued detention-causing condition: [REASONS].
• Other terms: [DETAILS].

Dated: [DATE]

[JUDICIAL OFFICER SIGNATURE]

Sources and References

• D.C. Code § 23-1321 — release prior to trial
• D.C. Code § 23-1322 — current detention provisions
• D.C. Code § 23-1324 — review and appeal
• D.C. Code § 23-1325 — specified charges and postconviction release
• D.C. Office of the Attorney General — prosecution roles