[COURT CAPTION]

STATE OF LOUISIANA § [JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT
v. § PARISH OF [PARISH], LOUISIANA
[DEFENDANT’S FULL LEGAL NAME] § CRIMINAL DOCKET NO. [__]
§ DIVISION “[__]”

MOTION TO REDUCE BAIL AND REQUEST FOR ALTERNATIVE PRETRIAL RELEASE CONDITIONS

[DATE]

TABLE OF CONTENTS

1. Introduction & Relief Requested.............................................¶ 1
2. Procedural Background.......................................................¶ 2
3. Statement of Relevant Facts................................................¶ 3
4. Applicable Law.............................................................¶ 4
5. Argument & Analysis........................................................¶ 5
   5.1 Ability to Pay (Financial Resources)...................................¶ 5(a)
   5.2 Nature & Circumstances of the Alleged Offense..........................¶ 5(b)
   5.3 Weight of the Evidence.................................................¶ 5(c)
   5.4 Community Ties & Employment............................................¶ 5(d)
   5.5 Public-Safety and Flight-Risk Assessment...............................¶ 5(e)
6. Proposed Non-Financial Conditions of Release...............................¶ 6
7. Prayer for Relief..........................................................¶ 7
8. Certificate of Service.....................................................¶ 8
9. Proposed Order (Separate Page).............................................¶ 9

1. Introduction & Relief Requested ¶ 1

NOW INTO COURT, through undersigned counsel, comes [DEFENDANT NAME] (“Defendant”), who respectfully moves this Honorable Court, pursuant to Title VIII of the Louisiana Code of Criminal Procedure and, in particular, Article 316 (listing factors governing the amount of bail) to:

a. Reduce the current bail obligation from $[CURRENT_BAIL_AMOUNT] to $[REQUESTED_BAIL_AMOUNT]; or
b. In the alternative, order Defendant’s release on recognizance or on the non-financial conditions detailed in Section 6 below.

[// GUIDANCE: Insert any statutory citation required by local rule regarding excessive bail/constitutional provisions if counsel deems necessary.]

2. Procedural Background ¶ 2

1. Arrest. Defendant was arrested on [ARREST DATE] and booked with [CHARGE(S) & STATUTORY CITES].
2. Initial Bail Setting. At first appearance on [FIRST APPEARANCE DATE], bail was set at $[CURRENT_BAIL_AMOUNT] in the form of a [commercial surety/cash/property] bond.
3. Detention Status. Defendant has remained in custody at [FACILITY] for [NUMBER] days because the current bail amount exceeds Defendant’s financial capacity.

3. Statement of Relevant Facts ¶ 3

• Defendant is [AGE] years old, is a life-long resident of [PARISH/COMMUNITY], and has resided at [ADDRESS] for the past [YEARS] years.
• Defendant is employed as [POSITION] with [EMPLOYER], earning approximately $[AMOUNT] per [PAY PERIOD].
• Defendant supports [NUMBER] dependents, including [LIST RELATIONSHIPS].
• Defendant has [no / minimal] prior criminal history, limited to [describe or “none”].
• Exhibits A–C (attached) include sworn affidavits from family members and an employer attesting to Defendant’s community ties and continued employment offer upon release.

4. Applicable Law ¶ 4

Article 316 of the Louisiana Code of Criminal Procedure directs the Court to consider, inter alia:
1. Nature and seriousness of the offense;
2. Weight of the evidence;
3. Defendant’s prior criminal record;
4. Defendant’s ability to pay;
5. Assurance of appearance; and
6. Potential danger to any victim or to the community.

Excessive bail is prohibited, and bail must be individualized to the Defendant’s circumstances.

5. Argument & Analysis ¶ 5

5.1 Ability to Pay (Financial Resources) ¶ 5(a)

Defendant’s gross monthly income is $[AMOUNT]. After essential expenses of approximately $[AMOUNT], Defendant cannot post the current bail. A bail set beyond a defendant’s ability to pay is effectively a preventive detention order, contrary to the statutory mandate for reasonable bail.

5.2 Nature & Circumstances of the Alleged Offense ¶ 5(b)

The charged offense is [charge], classified as a [felony/misdemeanor], carrying a sentencing range of [range]. No allegation involves violence or firearms.

5.3 Weight of the Evidence ¶ 5(c)

Discovery to date consists chiefly of [brief summary; e.g., “uncorroborated eyewitness testimony”]. No forensic evidence links Defendant to the offense.

5.4 Community Ties & Employment ¶ 5(d)

Defendant’s entire immediate family resides within [COUNTY/PARISH]. Defendant is the primary caregiver for [dependents] and has maintained continuous employment with the same employer for [years].

5.5 Public-Safety and Flight-Risk Assessment ¶ 5(e)

Pretrial Services has assigned Defendant a [LOW / MODERATE] flight-risk score. Defendant has never failed to appear in any legal proceeding. No evidence suggests danger to the community if released.

6. Proposed Non-Financial Conditions of Release ¶ 6

Should the Court decline to reduce bail to the requested amount, Defendant proposes the following alternative conditions pursuant to La. Code Crim. Proc. Title VIII:

1. Supervised release under Pretrial Services;
2. Weekly in-person or electronic check-ins;
3. Travel restriction to [PARISH / SURROUNDING AREA];
4. Mandatory substance-abuse testing and/or treatment as recommended;
5. No contact order with alleged victim(s);
6. Curfew from [TIME] p.m. to [TIME] a.m.;
7. Electronic monitoring, with costs to be assessed on an ability-to-pay basis.

[// GUIDANCE: Tailor conditions to local court practices and Defendant’s circumstances.]

7. Prayer for Relief ¶ 7

WHEREFORE, Defendant prays that this Court:

A. Grant this Motion and reduce bail to $[REQUESTED_BAIL_AMOUNT]; or
B. In the alternative, release Defendant on his/her own recognizance or under the non-financial conditions set forth above; and
C. Grant all such other relief, whether legal or equitable, to which Defendant may be justly entitled.

Respectfully submitted,
text
______ Date: _
[ATTORNEY NAME], Bar No. [_____]
[LAW FIRM / PUBLIC DEFENDER]
[ADDRESS]
[PHONE] | [EMAIL]
COUNSEL FOR DEFENDANT

8. Certificate of Service ¶ 8

I certify that a copy of the foregoing Motion to Reduce Bail was served on the Office of the District Attorney for the Parish of [PARISH] by [hand delivery / e-service / mail] on this ___ day of _, 20.

text

[ATTORNEY NAME]

9. Proposed Order ¶ 9

(TO BE ATTACHED AS A SEPARATE PAGE)

text
STATE OF LOUISIANA § [JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT
PARISH OF [PARISH] § PARISH OF [PARISH], LOUISIANA
§ CRIMINAL DOCKET NO. [__]
STATE OF LOUISIANA § DIVISION “[__]”
v. §
[DEFENDANT] §

ORDER

Considering the foregoing Motion to Reduce Bail and the evidence adduced at hearing:

( ) IT IS ORDERED that Defendant’s bail is hereby reduced to $______, bondable by [cash / commercial surety / property / percentage cash deposit].

( ) IT IS FURTHER ORDERED that Defendant shall be released on the following non-financial conditions:

( ) IT IS FURTHER ORDERED that all other existing bond conditions remain in full force and effect.

THUS SIGNED in ___, Louisiana, this ___ day of _, 20___.

JUDGE, [JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT
PARISH OF [PARISH], STATE OF LOUISIANA

[// GUIDANCE:
1. Verify local rule requirements for form, font size, page limits, and whether a separate memorandum of law is required.
2. Attach any additional exhibits (e.g., Pretrial Services assessment, affidavits, pay stubs) with proper indexing.
3. If electronic filing is utilized, ensure compliance with La. Sup. Ct. rules on e-signatures and PDF/A formatting.
4. For indigent defendants, include a contemporaneous motion to waive bond fees and electronic-monitoring costs, if applicable.
]