Motion for Bail Reduction

MOTION FOR PROMPT HEARING AND REDUCTION OF BAIL

Court Caption

IN THE [CIRCUIT/DISTRICT] COURT OF THE [NUMBER] CIRCUIT

STATE OF HAWAIʻI

Case No. [CASE NUMBER]

Motion

Defendant [DEFENDANT NAME], through undersigned counsel, moves for the prompt hearing provided by HRS § 804-7.5 and requests reduction of bail from $[CURRENT AMOUNT] to $[REQUESTED AMOUNT] or release on recognizance or supervised release with lawful conditions.

Eligibility and Hearing

1. Defendant was formally charged on [DATE] with [CHARGES AND STATUTES].
2. Defendant has been detained since [DATE].
3. Under § 804-7.5, Defendant requests a hearing at arraignment or as soon as practicable concerning release or detention and whether conditions can reasonably ensure appearance and safety.
4. At the hearing, both sides may present information by proffer or otherwise, and trial evidence rules do not apply.

HRS § 804-3 Screening

• ☐ The charge is not a "serious crime" as defined in § 804-3.
• ☐ The charge is a serious crime; address every asserted risk and presumption: [DETAILS].
• ☐ The prosecution seeks denial of bail; identify the alleged flight, obstruction, danger, or illegal-activity ground: [DETAILS].

Bail may be denied under § 804-3 only after the required hearing and finding that no condition or combination will reasonably assure appearance or safety.

Relevant Facts

1. Nature of the charge and possible punishment: [FACTS].
2. Appearance and flight information: [FACTS].
3. Witness, obstruction, danger, or illegal-activity concerns: [FACTS].
4. Residence, family, employment, education, treatment, and community ties: [FACTS].
5. Criminal, probation, parole, and release history: [FACTS].
6. Financial ability to afford bail: [FACTS].
7. Proposed supervision and compliance plan: [FACTS].

Bail Amount

HRS § 804-9 requires a reasonable amount based on all available information, including the alleged offense, possible punishment, and Defendant's financial ability. The requested amount is reasonable because [APPLY FACTS].

Proposed Conditions

The general conditions in § 804-7.4 remain applicable. Defendant proposes the least restrictive nonfinancial conditions required under § 804-7.1:

1. no-contact or geographic restriction: [TERMS];
2. weapon, activity, alcohol, or drug restriction: [TERMS];
3. reporting and supervision: [TERMS];
4. employment, education, curfew, or treatment: [TERMS];
5. travel restriction, monitoring, or home confinement: [TERMS]; and
6. other condition reasonably necessary for appearance and safety: [TERMS].

Argument

Conditions can reasonably ensure appearance and safety because [APPLY FACTS]. Bail of $[CURRENT AMOUNT] does not reflect Defendant's financial ability because [FACTS]. The requested amount and conditions directly address the supported concerns through [DETAILS].

Requested Relief

Defendant asks the Court to:

1. conduct the prompt hearing required by § 804-7.5;
2. reduce bail to $[REQUESTED AMOUNT] or order recognizance or supervised release;
3. impose only the least restrictive sufficient nonfinancial conditions; and
4. grant other appropriate relief.

Dated: [DATE]

[ATTORNEY SIGNATURE]

[ATTORNEY NAME], Bar No. [NUMBER]

[ADDRESS]

[PHONE] | [EMAIL]

Attorney for Defendant

Certificate of Service

I certify that on [DATE], I served this motion and supporting materials on [PROSECUTING ATTORNEY/OFFICE] by [METHOD].

[ATTORNEY SIGNATURE]

Proposed Order

The Court orders:

• ☐ Motion granted.
• ☐ Motion denied.
• Bail or release form: [TERMS].
• Conditions under §§ 804-7.1 and 804-7.4: [TERMS].
• Findings under § 804-3, if required: [FINDINGS].
• Other terms: [DETAILS].

Dated: [DATE]

[JUDGE SIGNATURE]

Sources and References

• HRS § 804-3 — bailable offenses
• HRS § 804-7.1 — conditions of release
• HRS § 804-7.4 — general conditions
• HRS § 804-7.5 — prompt hearing
• HRS § 804-9 — amount