**STATE OF IDAHO

[_] JUDICIAL DISTRICT COURT
[COUNTY] OF [_]**

STATE OF IDAHO,

Plaintiff,

v.

[DEFENDANT NAME],

Defendant.

MOTION FOR BAIL REDUCTION

(Idaho Criminal Rule 46)

[// GUIDANCE: Replace bracketed material with matter-specific details. Attach supporting affidavits/exhibits as necessary.]

TABLE OF CONTENTS

1. Introduction & Relief Requested ........................................................ 2
2. Procedural Posture .............................................................................. 2
3. Statement of Material Facts ................................................................. 3
4. Legal Standard ...................................................................................... 4
5. Argument & Application of Bail Factors ......................................... 5
6. Alternative Non-Monetary Conditions .............................................. 8
7. Request for Hearing .............................................................................. 9
8. Conclusion ............................................................................................. 9
9. Certificate of Service .......................................................................... 10
10. Proposed Order (Exhibit A) ............................................................ 11

1. INTRODUCTION & RELIEF REQUESTED

COMES NOW the Defendant, [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, pursuant to Idaho Criminal Rule 46 and Article I, § 6 of the Idaho Constitution, and respectfully moves this Court for an order:

1. Reducing the current bail amount of $[___] to $[PROPOSED REDUCED AMOUNT or OR RELEASE ON OWN RECOGNIZANCE (“OR”)]; and
2. Modifying the existing bond conditions as detailed below.

2. PROCEDURAL POSTURE

1. On [DATE], Defendant was arrested and charged with [OFFENSE(S) & STATUTORY CITES].
2. At the initial appearance on [DATE], bail was set at $[___] with the following conditions: [LIST].
3. Defendant has remained in custody since [DATE] (total of [__] days) for inability to post the required bond.
4. No trial date has yet been set / Trial is currently scheduled for [DATE].

3. STATEMENT OF MATERIAL FACTS

[// GUIDANCE: Provide concise, record-supported facts relevant to each bail factor.]

a. Nature of the alleged offense: [BRIEF DESCRIPTION].
b. Weight of the evidence: [E.G., “Largely circumstantial; no eyewitnesses”].
c. Community ties:
• Residence: [YEARS] years at [ADDRESS].
• Family: [LIST].
• Employment: Employed full-time at [EMPLOYER] since [DATE]; position: [TITLE].
d. Criminal history: [“No prior felony convictions” or “One misdemeanor in 2017 – successfully completed probation”].
e. Court appearance history: [“Has never failed to appear”].
f. Financial resources: Monthly income $[__]; no liquid assets sufficient to secure current bail.
g. Public safety considerations: [E.G., “Alleged offense was non-violent; no threats to witnesses”].

4. LEGAL STANDARD

1. Idaho Criminal Rule 46(a) guarantees the right to pre-trial release under reasonable conditions, except in narrowly defined circumstances.
2. Under Rule 46(c), the Court must consider ten enumerated factors when setting or reviewing bail, including but not limited to the nature of the offense, weight of the evidence, the defendant’s ties to the community, and public safety.
3. Bail must not be “excessive” within the meaning of U.S. Const. amend. VIII and Idaho Const. art. I, § 6.

5. ARGUMENT & APPLICATION OF BAIL FACTORS

The current bail of $[___] is excessive and inconsistent with the considerations mandated by Idaho Crim. R. 46(c).

1. Nature & Circumstances of the Offense (Rule 46(c)(1))
   • The charged offense is [NON-VIOLENT / PROPERTY-BASED / Etc.]. No allegation involves violence or threat thereof.

2. Weight of the Evidence (Rule 46(c)(2))
   • Preliminary discovery indicates [WEAK / MODERATE] evidentiary support: [DETAIL].
   • A reasonable jury could find doubt based on [POINTS].

3. Employment & Financial Resources (Rule 46(c)(3) & (4))
   • Defendant’s legitimate monthly income is insufficient to post the existing bond.
   • Continued detention jeopardizes employment, increasing risk to community stability.

4. Character, Mental Condition & Length of Residence (Rule 46(c)(5) & (6))
   • No history of substance abuse or mental health disorders requiring supervision.
   • Resided in [COUNTY] for [YEARS] years.

5. Family Ties (Rule 46(c)(7))
   • Primary caregiver for [MINOR CHILDREN / ELDERLY PARENT].

6. Criminal Record & Appearance History (Rule 46(c)(8) & (9))
   • Minimal prior record; no prior failures to appear.

7. Danger to Community (Rule 46(c)(10))
   • No credible evidence Defendant poses danger if released under reasonable conditions.

Given these factors, continued detention on a $[___] bond is disproportionate and violates the constitutional mandate against excessive bail.

6. ALTERNATIVE NON-MONETARY CONDITIONS

Pursuant to Idaho Crim. R. 46(b), Defendant proposes the following in lieu of—or in addition to—a reduced monetary bond:

a. Supervised pre-trial release through [PRETRIAL SERVICES AGENCY].
b. Weekly check-ins with supervision officer.
c. Travel restrictions to [COUNTY/STATE].
d. No contact with alleged victim(s) or witnesses as listed in Attachment 1.
e. Compliance with any substance-abuse evaluation and recommended treatment.
f. Electronic monitoring at Defendant’s expense (estimated $[__]/day) if deemed necessary.

[// GUIDANCE: Tailor conditions to offense and client circumstances; avoid over-restriction to reduce constitutional challenge.]

7. REQUEST FOR HEARING

Defendant requests a hearing pursuant to Idaho Crim. R. 46(i) at the Court’s earliest convenience. Estimated time required: [30] minutes.

8. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that this Court:

1. Reduce bail to $[PROPOSED AMOUNT] OR release Defendant on his/her own recognizance; and
2. Impose the alternative conditions enumerated in Section 6, as appropriate.

DATED: [DATE]

Respectfully submitted,

[ATTORNEY NAME]
Attorney for Defendant
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Idaho State Bar No. [______]

9. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the ___ day of ____, 20__, I served a true and correct copy of the foregoing Motion for Bail Reduction on the following by the indicated method(s):

☐ iCourt E-Filing System
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Email (by stipulation)

[PROSECUTING ATTORNEY NAME]
[ADDRESS / EMAIL]

[ATTORNEY NAME]

10. PROPOSED ORDER

(Exhibit A)

STATE OF IDAHO
[_] JUDICIAL DISTRICT COURT
[COUNTY] OF [_]

ORDER GRANTING MOTION FOR BAIL REDUCTION

THIS MATTER having come before the Court on Defendant’s Motion for Bail Reduction, the Court having considered the pleadings, arguments of counsel, and the factors set forth in Idaho Criminal Rule 46, and good cause appearing therefor:

IT IS HEREBY ORDERED that:

1. Bail is reduced from $[___] to $[___] / Defendant is released on own recognizance.
2. Defendant shall comply with the following conditions:
   a. Appear at all court proceedings.
   b. [LIST CONDITIONS FROM SECTION 6].
3. Failure to comply may result in revocation of release and issuance of a bench warrant without further notice.

DATED this ___ day of ____, 20__.

Hon. [JUDGE NAME]
District Judge / Magistrate Judge

[// GUIDANCE: Attach Order as a separate pleading per local e-filing protocols.]

END OF DOCUMENT