MOTION FOR REDUCTION OF BAIL

(Maryland State Criminal Court Template)

[// GUIDANCE: This template is drafted for use in Maryland state criminal courts (District or Circuit). It incorporates Maryland Rule 4-216.1, relevant constitutional provisions, and customary bail-review factors. Bracketed items must be customized for each matter. Remove all guidance comments before filing.]

I. DOCUMENT HEADER

IN THE [DISTRICT/CIRCUIT] COURT FOR [COUNTY], MARYLAND
State of Maryland, Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME], Defendant.

Case No.: [CASE NUMBER]
Hearing Date (if scheduled): [DATE]

MOTION FOR REDUCTION OF BAIL AND REQUEST FOR MODIFICATION OF PRETRIAL RELEASE CONDITIONS

Date: [DATE OF FILING]

II. DEFINITIONS

For purposes of this Motion only, the following terms shall have the meanings set forth below:

1. “Bail” means the monetary amount set by the Court to secure Defendant’s appearance, inclusive of any surety, cash, or property bond.
2. “Current Bail” means the bail amount presently imposed: $[CURRENT AMOUNT].
3. “Requested Bail” means the reduced bail amount sought herein: $[REQUESTED AMOUNT] or, in the alternative, non-financial conditions as set forth in Section IV.E.
4. “Pretrial Release Conditions” means any non-monetary obligations imposed under Md. Rule 4-216.1.

III. STATEMENT OF FACTS & PROCEDURAL HISTORY

1. On [ARREST DATE], Defendant was arrested and charged with [LIST CHARGES] arising from [BRIEF DESCRIPTION OF INCIDENT].
2. At the initial appearance on [DATE], the Court set Bail at the Current Bail amount.
3. Defendant has remained [in custody/on partial release] since that date.
4. New information material to the bail determination has arisen, including:
   a. Defendant’s verified employment with [EMPLOYER] since [DATE];
   b. Availability of a suitable third-party custodian ([NAME & RELATIONSHIP]); and
   c. Absence of any new criminal conduct or violations while on [supervision/hold].

IV. ARGUMENT & LEGAL BASIS

A. Constitutional and Statutory Framework
1. Excessive bail is prohibited. U.S. Const. amend. VIII; Md. Decl. of Rts. art. 25.
2. Maryland Rule 4-216.1 governs pretrial release determinations. See Md. Rule 4-216.1(b)–(f).

B. Applicable Bail-Review Factors (Md. Rule 4-216.1(e))
1. Nature and circumstances of the offense: [BRIEF ANALYSIS—E.G., non-violent, no weapon].
2. Weight of the evidence: [E.G., largely circumstantial/co-defendant testimony].
3. Defendant’s community ties: lifelong resident of [COUNTY], immediate family residing at [ADDRESS].
4. Employment/education status: employed full-time as [POSITION] with [EMPLOYER], supporting two minor children.
5. Criminal history: [NONE / minimal / no prior failures to appear].
6. Mental/physical condition: [E.G., chronic medical condition requiring regular treatment].
7. Nature of prior failures to appear (if any): [NONE / mitigated].
8. Public safety considerations: No allegation that Defendant poses a threat; alleged conduct did not involve violence.

C. Pretrial Detention Rules
1. Detention before trial is disfavored unless “no condition or combination of conditions” assures appearance and public safety. Md. Rule 4-216.1(c).
2. The Current Bail effectively results in continued detention, contrary to the rule’s preference for release on the least onerous terms.

D. Requested Relief
1. Reduce Bail to the Requested Bail amount, which is reasonably calculated to assure Defendant’s appearance.
2. Alternatively, convert financial Bail to non-financial Pretrial Release Conditions, including:
a. Reporting to Pretrial Services as directed;
b. Compliance with GPS monitoring;
c. Curfew from [TIME] to [TIME];
d. No contact with alleged victims/witnesses; and
e. Any additional condition the Court deems appropriate.

E. Continued Detention Is Unnecessary
Defendant’s ties, lack of risk factors, and willingness to comply with stringent non-financial conditions obviate the need for high monetary Bail.

V. REPRESENTATIONS & WARRANTIES

1. Counsel represents that all factual assertions herein are based on investigation, records, and good-faith belief under Md. Rule 1-311.
2. Counsel warrants that undersigned has notified the State’s Attorney of this filing and the requested hearing date.

VI. COVENANTS & CONDITIONS

1. Should the Court grant this Motion, Defendant covenants to:
   a. Appear at all future court proceedings;
   b. Comply strictly with each Pretrial Release Condition; and
   c. Notify Pretrial Services and the Court of any change in residence within 24 hours.

2. A violation of the foregoing covenants shall constitute grounds for revocation of release and reinstatement of Bail at the Court’s discretion.

VII. RELIEF REQUESTED

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. GRANT this Motion;
2. Reduce Bail from $[CURRENT AMOUNT] to $[REQUESTED AMOUNT]; or, in the alternative,
3. Order Defendant’s release on the non-financial conditions set forth above; and
4. Grant such other and further relief as justice may require.

Respectfully submitted,

VIII. EXECUTION BLOCK

[ATTORNEY SIGNATURE BLOCK]

[ATTORNEY NAME] (Bar No. [NUMBER])
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant

Date: [DATE]

IX. NOTICE OF HEARING REQUEST

Pursuant to Md. Rule 4-216.1(f), Defendant requests that this Motion be set for hearing at the earliest practicable date.

X. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [DAY] day of [MONTH], [YEAR], a copy of the foregoing Motion was served via [E-FILING / HAND DELIVERY / FIRST-CLASS MAIL] upon:

[NAME], Assistant State’s Attorney
Office of the State’s Attorney for [COUNTY]
[ADDRESS]

[ATTORNEY NAME]

[// GUIDANCE: Attach supporting exhibits—e.g., character letters, employment verification, medical records—as separate labeled documents. Number each exhibit and reference it in Section III where appropriate.]