[COURT SEAL OR LETTERHEAD IF APPLICABLE]

IN THE [COURT NAME] OF THE STATE OF DELAWARE
[COUNTY] COUNTY

State of Delaware,
             v.             Case No. [CASE NUMBER]

[DEFENDANT’S FULL LEGAL NAME],
                 Defendant.

MOTION FOR REDUCTION OF BAIL AND
MODIFICATION OF CONDITIONS OF RELEASE

[// GUIDANCE: Insert electronic filing header/footer information here if required by e-File DE or local rules.]

TABLE OF CONTENTS

1. Introduction
2. Procedural History
3. Applicable Statutory & Constitutional Framework
4. Statement of Relevant Facts
5. Argument & Analysis
   5.1 Bail Factors under 11 Del. C. § 2104
   5.2 Ability to Pay & Excessive Bail Considerations
   5.3 Proposed Less-Restrictive Conditions
6. Prayer for Relief
7. Certification of Counsel
8. Certificate of Service
9. Proposed Order

1. INTRODUCTION

1. Pursuant to Article I, § 12 of the Delaware Constitution and Rule 46 of the [COURT] Criminal Rules, Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves this Honorable Court for an order:
   a. Reducing the current secured bail from $[CURRENT BAIL AMOUNT] to $[REQUESTED BAIL AMOUNT] or converting the same to an unsecured bond; and
   b. Modifying release conditions as set forth herein.

2. This Motion is supported by the accompanying Memorandum of Law, any exhibits referenced herein, and such additional argument as may be presented at hearing.

2. PROCEDURAL HISTORY

3. On [ARREST DATE], Defendant was arrested and charged by [INDICTMENT/INFORMATION/COMPLAINT] with [LIST OFFENSES] (collectively, the “Charges”).

4. At the initial appearance on [DATE], bail was set at $[CURRENT BAIL AMOUNT] [secured/unsecured/cash-only] with the following conditions: [LIST EXISTING CONDITIONS].

5. Defendant has remained in custody since [DATE] solely due to inability to satisfy the above bail requirements.

3. APPLICABLE STATUTORY & CONSTITUTIONAL FRAMEWORK

6. Delaware law strongly favors pre-trial release on the least onerous terms that reasonably assure the Defendant’s appearance and the safety of the community. See 11 Del. C. § 2104 (listing factors “to be considered in determining the amount and conditions of bail”).

7. The Delaware Constitution provides that “all persons shall be bailable by sufficient sureties,” except in capital cases or where the proof is positive and the presumption great. Del. Const. art. I, § 12.

8. Bail set at an amount greater than that necessary to serve its statutory purposes constitutes “excessive bail” prohibited by both the Delaware and United States Constitutions. See U.S. Const. amend. VIII; Del. Const. art. I, § 12.

4. STATEMENT OF RELEVANT FACTS

9. Defendant is [AGE] years old and has deep ties to [COMMUNITY/CITY], including:
   • Residence at [ADDRESS] for [YEARS IN RESIDENCE] years;
   • Full-time employment with [EMPLOYER];
   • Family residing within the jurisdiction, including [RELATIONSHIPS].

10. Defendant’s criminal history is [DESCRIBE—e.g., minimal, non-violent, or list prior convictions].

11. Defendant’s financial resources are limited, rendering the current bail unattainable. (See Financial Affidavit, Exhibit A.)

5. ARGUMENT & ANALYSIS

5.1 Bail Factors under 11 Del. C. § 2104

12. Section 2104 directs the Court to consider, inter alia:
    a. Nature and circumstances of the offense charged;
    b. Weight of the evidence;
    c. Defendant’s family ties, employment, financial resources, and length of residence in the community;
    d. Defendant’s record of appearances at court proceedings;
    e. Public safety considerations.

13. Applying these factors:
    • Nature & Circumstances: [BRIEF ANALYSIS—e.g., non-violent alleged conduct].
    • Weight of Evidence: [BRIEF ANALYSIS—e.g., primarily circumstantial].
    • Community Ties: Strong (¶9, supra).
    • Prior Appearances: [E.g., No history of FTAs].
    • Public Safety: No specific risk identified; conditions can mitigate any concern.

5.2 Ability to Pay & Excessive Bail Considerations

14. Bail must be “reasonable” and not used as a tool of preventive detention absent statutory authority. An amount beyond Defendant’s means is effectively a denial of bail.

15. Given Defendant’s monthly income of $[INCOME] and limited assets (Ex. A), bail exceeding $[AFFORDABLE AMOUNT] is functionally unattainable and therefore excessive.

5.3 Proposed Less-Restrictive Conditions

16. To reasonably assure appearance and community safety, Defendant proposes the following conditions in lieu of the current secured bond:
    a. Unsecured bond in the amount of $[REQUESTED BAIL AMOUNT];
    b. Pre-trial Services supervision with periodic check-ins;
    c. GPS monitoring or curfew as directed by Pre-trial Services;
    d. No contact order with alleged victim(s) and witnesses;
    e. Surrender of passport and prohibition on new travel outside Delaware without Court approval.

[// GUIDANCE: Tailor conditions to the specific risk profile; avoid over-broad restrictions that may later be challenged.]

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Reduce bail to $[REQUESTED BAIL AMOUNT] and/or convert the existing [SECURED/CASH] bond to an unsecured bond;

B. Impose the alternative conditions listed in ¶16 above; and

C. Grant such other and further relief as the Court deems just and proper.

7. CERTIFICATION OF COUNSEL

I, [ATTORNEY NAME], certify that I have made a reasonable, good-faith effort to confer with the Deputy Attorney General assigned to this matter regarding the requested relief and have either (i) obtained the State’s position, which is [STATE’S POSITION], or (ii) received no response as of the filing of this Motion.

Date: [DATE]             Respectfully submitted,

[LAW FIRM NAME]

By: ______
 [ATTORNEY NAME] (Bar No. [DE BAR NUMBER])
 [ADDRESS]
 [PHONE] │ [EMAIL]
 Counsel for Defendant

8. CERTIFICATE OF SERVICE

I certify that on [DATE], a true and correct copy of the foregoing Motion was served upon the Office of the Attorney General for the State of Delaware via [E- File/hand-delivery/e-mail] in accordance with Rule XX of the [COURT] Criminal Rules.

[ATTORNEY NAME]

9. PROPOSED ORDER

text
IN THE [COURT NAME] OF THE STATE OF DELAWARE
[COUNTY] COUNTY

State of Delaware )
)
v. ) Case No. [CASE NUMBER]
)
[DEFENDANT NAME], )
Defendant. )

ORDER ON MOTION FOR BAIL REDUCTION

AND NOW, this ___ day of ____, 20__, upon consideration of Defendant’s Motion for
Reduction of Bail and Modification of Conditions of Release, any opposition thereto, and the
record as a whole, IT IS HEREBY ORDERED that:

1. The Motion is [GRANTED / GRANTED IN PART / DENIED].

2. Bail is set in the amount of $______ [SECURED / UNSECURED / CASH-ONLY].

3. The following conditions shall apply in addition to all standard conditions of release:
   a. [e.g., Pre-trial Services supervision];
   b. [e.g., GPS monitoring];
   c. [e.g., No-contact order];
   d. ________.

4. All prior inconsistent orders are VACATED to the extent of any conflict.

IT IS SO ORDERED.

[JUDGE NAME]
[Judge’s Title]

OPTIONAL ATTACHMENTS & EXHIBITS

• Exhibit A – Financial Affidavit of Defendant
• Exhibit B – Letters of Support
• Exhibit C – Proposed Residence Verification

[// GUIDANCE: Attach only vetted, admissible materials. Provide redacted versions where privacy interests are implicated.]

NOTES FOR CUSTOMIZATION

1. Court & Rule Citations: Confirm local rule numbering (e.g., Superior Court Crim. R. 46) and update for Court of Common Pleas or Justice of the Peace as applicable.
2. Capital or Class A Felony Charges: Additional constitutional considerations apply; modify argument accordingly.
3. Hearing Scheduling: File concurrently with a Notice of Motion or Request for Prompt Hearing per local practice.
4. Multi-Count Charging Documents: Address each offense’s statutory classification if bail differs per count.

This template is provided for the convenience of Delaware-licensed counsel and must be reviewed and tailored to the facts of each case prior to filing.