Motion for Bail Reduction - Indiana

IN THE [COURT NAME] OF [COUNTY] COUNTY, INDIANA

MOTION TO REDUCE BAIL AND REQUEST FOR HEARING

I. INTRODUCTION AND BACKGROUND

1. On [DATE OF ARREST], Defendant was arrested and charged with [CHARGE(S)] under Ind. Code § [RELEVANT CHAPTER/SECTION].
2. At the Initial Hearing on [DATE], the Court set bail in the amount of $[CURRENT BAIL AMOUNT] cash/surety.
3. Defendant has been detained at [DETENTION FACILITY] since that date and is financially unable to post the currently-set bail.

II. STATEMENT OF PROCEDURAL POSTURE

4. No trial date has yet been set / Trial is scheduled for [TRIAL DATE].
5. Discovery is ongoing; the State has produced [STATUS OF DISCOVERY].
6. This Motion is filed pursuant to Ind. Code § 35-33-8-5(a) and (c) and Indiana Rule of Criminal Procedure 2.6, which authorize review and reduction of previously-fixed bail. (Effective January 1, 2024, former Criminal Rule 26 was renumbered as Criminal Rule 2.6.)

III. APPLICABLE LAW

7. The Indiana Constitution provides that “Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.” Ind. Const. art. I, § 17.

8. In fixing or reviewing bail, the Court must consider the statutory factors enumerated in Ind. Code § 35-33-8-4(b), including but not limited to:
    a. The length and character of the Defendant’s residence in the community;
    b. Defendant’s employment status, family ties, and financial resources;
    c. Defendant’s character and mental condition;
    d. Defendant’s prior criminal record, if any;
    e. Defendant’s history of appearing (or failing to appear) for court;
    f. The nature and gravity of the offense charged; and
    g. The potential risk to the safety of any other person or the community.

9. Pursuant to Ind. Code § 35-33-8-3.2, the Court may impose any combination of statutory non-monetary conditions reasonably necessary to assure the Defendant’s appearance and community safety.

IV. ARGUMENT

A. The Current Bail Amount is Excessive and Contrary to the Statutory Factors.

10. Defendant is a lifelong resident of [COUNTY], maintains stable employment at [EMPLOYER], supports [NUMBER] dependents, and has no prior felony convictions.
11. Defendant’s sole misdemeanor conviction from [YEAR] involved no violence, and Defendant has never failed to appear for a scheduled court hearing.
12. The alleged offense is non-violent / involves no allegation of harm to an identifiable victim.
13. Given Defendant’s limited financial means (weekly income of $[AMOUNT]) and lack of liquid assets, the current bail is tantamount to a pre-trial detention order—contrary to the principle that bail should be “sufficient” but not “excessive.”

B. Non-Monetary Conditions and/or a Lower Bond Will Reasonably Assure Appearance and Community Safety.

14. Under Ind. Code § 35-33-8-3.2, the Court may employ graduated conditions such as:
     a. Release to the supervision of the [COUNTY] Pretrial Services Agency;
     b. GPS monitoring;
     c. Weekly in-person or telephonic reporting;
     d. Abstention from alcohol/drugs with random testing;
     e. No-contact orders (if applicable); and
     f. Travel restrictions to the State of Indiana.

15. These conditions, singly or in combination, fully mitigate any articulated flight-risk or safety concerns.

C. Indiana Criminal Rule 2.6 Favors Release Without Money Bail for Defendants Who Pose No Substantial Risk.

16. Under Crim. R. 2.6(A), if an arrestee does not present a substantial risk of flight or danger to self or others, the court should release the arrestee without money bail or surety, subject to appropriate non-monetary conditions (except for murder/treason and certain supervision statuses). Under Crim. R. 2.6(B), the court determines substantial risk using an evidence-based risk assessment approved by the Office of Judicial Administration and such other information as the court finds relevant.
17. Defendant’s risk-assessment score of [SCORE] (attached as Exhibit A) reflects a [LOW/MODERATE] result, supporting a finding that Defendant does not present a substantial risk of flight or danger and should be released without money bail.

V. PROPOSED ALTERNATIVE BAIL AND CONDITIONS

18. Defendant respectfully requests that bail be:
     a. Reduced to $[PROPOSED AMOUNT] cash/surety; OR
     b. Converted to Release on Own Recognizance (ROR) subject to the following conditions:
      i. Comply with all pretrial services directives;
      ii. Submit to GPS monitoring at Defendant’s expense (or waiver of fees if indigent);
      iii. Abide by any no-contact or stay-away orders;
      iv. Maintain employment or actively seek work; and
      v. Appear at all scheduled court dates and refrain from criminal activity.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that the Court:

1. Grant this Motion and order the reduction or modification of bail as set forth above;
2. Schedule a prompt hearing on this application to reduce bail pursuant to Ind. Code § 35-33-8-5(a) and (c); and
3. Grant all other just and proper relief.

VII. NOTICE OF HEARING (OPTIONAL)

PLEASE TAKE NOTICE that the undersigned will bring this Motion on for hearing before the Court on the ___ day of __________, 20__, at __:__ __.m., or as soon thereafter as counsel may be heard.

VIII. VERIFICATION

I, [DEFENDANT NAME], affirm under the penalties for perjury that the foregoing representations are true to the best of my knowledge and belief.

Date: _____________, 20__

_____________________________
[DEFENDANT NAME]

IX. CERTIFICATE OF SERVICE

I certify that on _____________, 20__, a copy of the foregoing Motion was served upon the following by [METHOD OF SERVICE in conformity with Ind. Trial Rule 5]:

• [PROSECUTING ATTORNEY NAME]
 [PROSECUTOR’S ADDRESS]

_____________________________
[ATTORNEY NAME] (# [BAR NO.])
Counsel for Defendant
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

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