Motion for Bail Reduction

IN THE CIRCUIT/DISTRICT COURT OF THE _____ CIRCUIT

STATE OF HAWAIʻI

STATE OF HAWAIʻI,
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

_____________________________

MOTION FOR BAIL REDUCTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF COUNSEL; EXHIBITS “1”–“__”; CERTIFICATE OF SERVICE; [PROPOSED] ORDER

_____________________________

NOTICE OF MOTION

TO: Office of the Prosecuting Attorney, [COUNTY]
  [ADDRESS]

PLEASE TAKE NOTICE that on the date and at the time noted above, or as soon thereafter as counsel may be heard, the undersigned will move this Honorable Court for an Order reducing bail and/or modifying the conditions of pretrial release in the above-captioned matter.

MOTION

Defendant [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, respectfully moves this Court, pursuant to Article I, Section 12 of the Hawaiʻi Constitution; Hawaiʻi Revised Statutes (“HRS”) Chapter 804, including HRS § 804-7.1; and Hawaiʻi Rules of Penal Procedure (“HRPP”) Rule 46, to:

1. Reduce bail from the current amount of $[CURRENT BAIL AMOUNT] to $[REQUESTED BAIL AMOUNT]; and/or
2. Order Defendant’s release on supervised own recognizance pursuant to HRS § 804-7.1(1) and HRPP Rule 46(b);
3. Impose the least restrictive combination of non-financial conditions that will reasonably assure Defendant’s appearance and the safety of the community, as more fully set forth herein.

This Motion is based upon the attached Memorandum of Points and Authorities, the Declaration of Counsel, the Pretrial Services Report (if any), the records and files herein, and any evidence or argument presented at the hearing.

MEMORANDUM OF POINTS AND AUTHORITIES

I. Procedural History

1. On [DATE OF ARREST], Defendant was arrested and charged with [LIST CHARGES], a [FELONY/MISDEMEANOR] in violation of HRS § [STATUTE].
2. At Defendant’s initial appearance on [DATE], bail was set at $[CURRENT BAIL AMOUNT].
3. Defendant has remained in custody for [NUMBER] days solely due to inability to post the current bail.

II. Legal Standard

1. Under Article I, Section 12 of the Hawaiʻi Constitution, “[e]xcessive bail shall not be required.”
2. HRPP Rule 46(b) directs courts to release a defendant on the least restrictive conditions that will reasonably assure appearance and protect the public.
3. HRS § 804-7.1 mandates consideration of eleven statutory factors when setting or reviewing bail.

III. Argument

A. The Current Bail Is Presumptively Excessive

1. The current bail exceeds both Defendant’s financial ability and the amount necessary to satisfy the statutory purposes of bail.
2. Extended pretrial detention for inability to pay is disfavored. See HRPP Rule 46 cmt.

B. Statutory Bail Factors (HRS § 804-7.1) Favor Reduction

C. Least Restrictive Alternative Conditions Are Adequate

Defendant proposes, as applicable:

1. Weekly check-ins with Pretrial Services;
2. GPS or electronic monitoring (if deemed necessary);
3. Abstention from alcohol and controlled substances with random urinalysis;
4. Stay-away order from [ALLEGED VICTIM/LOCATION];
5. Any other condition the Court deems appropriate under HRPP Rule 46.

These conditions, singly or in combination, sufficiently mitigate flight risk and ensure community safety without resort to unattainable financial bail.

IV. Conclusion

For the foregoing reasons, Defendant respectfully requests that this Court (a) reduce bail to $[REQUESTED BAIL AMOUNT] or (b) grant supervised release on recognizance with the non-financial conditions outlined above.

DECLARATION OF COUNSEL

I, [COUNSEL NAME], declare under penalty of perjury that the following is true and correct:

1. I am counsel for Defendant in the above-entitled matter.
2. I have reviewed the Pretrial Services Report dated [DATE], attached hereto as Exhibit “1.”
3. The factual assertions contained in the foregoing Motion are true and correct to the best of my knowledge and belief.
4. This Declaration is executed pursuant to HRPP Rule 47(d).

DATED: [CITY], Hawaiʻi, [MM/DD/YYYY].

_________________________________
[COUNSEL NAME], Esq.
Attorney for Defendant

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion for Bail Reduction was duly served upon the Office of the Prosecuting Attorney, [COUNTY], by [HAND DELIVERY/ELECTRONIC FILING/MAIL] on [MM/DD/YYYY].

_________________________________
[COUNSEL NAME]

[PROPOSED] ORDER

Having considered Defendant’s Motion for Bail Reduction, the memoranda, declarations, exhibits, and arguments of counsel, and good cause appearing,

IT IS HEREBY ORDERED that:

1. Bail is reduced from $[CURRENT BAIL AMOUNT] to $[REQUESTED BAIL AMOUNT], OR Defendant is released on supervised own recognizance, subject to the following conditions:
   a. Defendant shall appear at all proceedings as ordered by the Court;
   b. Defendant shall report to Pretrial Services as directed;
   c. [ADDITIONAL CONDITIONS AS IMPOSED];

2. All other terms and conditions of release not inconsistent herewith shall remain in full force and effect.

DATED: Honolulu, Hawaiʻi, _____________ , 20___.

_________________________________
[JUDGE NAME]
Judge of the ____ Circuit/District Court
State of Hawaiʻi