COMMONWEALTH OF KENTUCKY

[__] CIRCUIT / DISTRICT COURT

CRIMINAL DIVISION

Case No.: [____]
Judge: [Hon. ________]

COMMONWEALTH OF KENTUCKY PLAINTIFF
v.
[DEFENDANT FULL LEGAL NAME], DEFENDANT

MOTION FOR BAIL REDUCTION

[// GUIDANCE: File in the court where bail was set. If the case has been bound over from District to Circuit Court, file in Circuit unless a District-level bond remains in effect.]

TABLE OF CONTENTS

1. Preliminary Statement............................................. 1
2. Procedural History................................................ 1
3. Applicable Legal Standards........................................ 2
4. Argument.......................................................... 2
   4.1 Bail-Determination Factors Favor Reduction.................... 2
   4.2 Changed or Clarified Circumstances............................ 3
   4.3 Ability to Pay & Excessive-Bail Analysis...................... 3
   4.4 Proposed Non-Financial Conditions............................. 4
5. Prayer for Relief................................................. 4
6. Notice of Hearing................................................. 5
7. Certification of Counsel......................................... 5
8. Verification (Optional).......................................... 5
9. Certificate of Service........................................... 6

1. PRELIMINARY STATEMENT

Comes now the Defendant, [DEFENDANT NAME] (“Defendant”), by counsel, pursuant to the Kentucky Constitution §§ 16-17, the Eighth Amendment to the United States Constitution, and the Kentucky Rules of Criminal Procedure governing pre-trial release, and respectfully moves this Court to reduce the bail presently fixed at [$$ AMOUNT] and to impose the least-restrictive set of conditions sufficient to reasonably assure Defendant’s appearance and the safety of the community.

2. PROCEDURAL HISTORY

1. Arrest Date: [DATE].
2. Original Bond: [TYPE & AMOUNT] set on [DATE] by [COURT/JUDGE].
3. Current Custody Status: [Incarcerated at ___ / Released on Bond with conditions ___].
4. Charges: [List counts & statutory citations, e.g., “Assault in the Second Degree, Class C Felony, KRS 508.020.”]
5. Prior Bail-Related Proceedings: [Summarize any prior motions, revocations, or appeals].

[// GUIDANCE: Attach the existing bond order and any Pre-Trial Services Risk Assessment as exhibits.]

3. APPLICABLE LEGAL STANDARDS

a. Constitutional Mandate: Bail may not be “excessive” and must be available in non-capital cases.
b. Statutory & Rule-Based Factors: Kentucky law directs courts to consider (i) nature of the offense, (ii) weight of evidence, (iii) defendant’s history, (iv) community ties, (v) risk of flight, (vi) danger to victims/community, and (vii) defendant’s financial ability to post bond.
c. Least-Restrictive Alternative Principle: Monetary bail is disfavored where non-financial conditions can reasonably assure required objectives.

4. ARGUMENT

4.1 Bail-Determination Factors Favor Reduction

1. Nature/Circumstances: The alleged offense, while serious, is non-violent [or] involved no physical injury.
2. Weight of Evidence: Discovery to date indicates [e.g., “significant credibility issues with key witnesses”].
3. Community Ties: Defendant is a life-long resident of [COUNTY], has maintained continuous employment at [EMPLOYER] for [X] years, and supports [DEPENDENTS].
4. Criminal History: Defendant has [no / minimal / non-violent] prior record; no history of failure to appear.
5. Public Safety Risk: Conditions such as no-contact orders and electronic monitoring can adequately protect the community.

4.2 Changed or Clarified Circumstances

Since the original bond was set, the following material circumstances have emerged:
• [New discovery, exculpatory evidence, medical conditions, COVID-19 risk, etc.]

4.3 Ability to Pay & Excessive-Bail Analysis

The current bail of [$$] is far beyond Defendant’s financial means, rendering the bond effectively punitive. Courts have repeatedly held that bail set beyond a defendant’s ability to pay violates the constitutional proscription against excessive bail when less restrictive options exist.

[// GUIDANCE: Include a detailed financial affidavit as a separate exhibit if local rules require.]

4.4 Proposed Non-Financial Conditions

Defendant proposes—alone or in combination—these conditions:
1. Release on own recognizance (ROR);
2. Supervision by Pre-Trial Services with mandatory check-ins;
3. GPS or electronic monitoring at Defendant’s expense [if affordable];
4. Curfew from [TIME] to [TIME];
5. No contact with [ALLEGED VICTIM / WITNESSES];
6. Travel restricted to [COUNTY / COMMONWEALTH OF KENTUCKY];
7. Surrender of passport and enhanced appearance bond of [reduced $$ amount] if deemed necessary.

These conditions comply with Kentucky’s preference for the least-restrictive measures that reasonably ensure public safety and court appearance.

5. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Honorable Court:
A. Reduce the monetary component of bail to [$$ AMOUNT] or permit release on non-financial conditions consistent with Part 4.4 above;
B. Schedule an expedited hearing pursuant to the Kentucky Rules of Criminal Procedure; and
C. Grant such other and further relief as the Court deems just and proper.

6. NOTICE OF HEARING

Please take notice that the foregoing Motion will be brought on for hearing before the Honorable [JUDGE] on the _ day of _, 20[], at _ .m., or as soon thereafter as counsel may be heard.

7. CERTIFICATION OF COUNSEL

In accordance with local practice, the undersigned certifies that on [DATE] he/she conferred with the Commonwealth’s Attorney regarding the relief requested herein. The Commonwealth [objects / takes no position / agrees] to the relief sought.

8. VERIFICATION (Optional – execute only if required)

I, [DEFENDANT NAME], after being duly sworn, state that I have read the foregoing Motion, know its contents, and certify that the statements made therein are true and correct to the best of my knowledge, information, and belief.

____ _______
[DEFENDANT NAME] Date

Subscribed and sworn before me this _ day of _, 20[].

Notary Public, State at Large
My Commission Expires: _______

9. CERTIFICATE OF SERVICE

I hereby certify that on this _ day of _, 20[], a true and correct copy of the foregoing was served upon the Office of the Commonwealth’s Attorney by [method of service].

[ATTORNEY NAME], Bar No. [_]
Counsel for Defendant
[Firm Name]
[Address]
[Phone] • [Email]

EXHIBIT A – PROPOSED ORDER

text
COMMONWEALTH OF KENTUCKY )
[__] CIRCUIT / DISTRICT ) CASE NO. [_____]
COURT )

ORDER

Upon motion of the Defendant for reduction of bail and the Court being otherwise sufficiently advised, IT IS HEREBY ORDERED that:

1. The monetary bond previously set at [$$] is modified to [NEW $$] [or] is hereby replaced by release on recognizance subject to the following conditions:
   a. [List conditions 1-n as adopted].
2. Failure to comply with any condition may result in revocation of release and the issuance of a bench warrant.
3. This Order is effective immediately.

SO ORDERED this _ day of _, 20[].

Hon. [JUDGE NAME]
[Title & Division]
[// GUIDANCE: Tailor the Proposed Order to local court formatting; some judges prefer a separate tendered order filed contemporaneously.]

This template is provided for attorney use and must be reviewed for compliance with local rules, standing orders, and any pandemic-related administrative directives before filing.