[COURT NAME], [COUNTY] COUNTY, MICHIGAN

[STATE/PEOPLE] OF MICHIGAN,
Plaintiff,

v. Case No. [CASE NUMBER]
Hon. [JUDGE NAME]
[DEFENDANT NAME],
Defendant.
______/

DEFENDANT’S NOTICE OF HEARING, MOTION, AND BRIEF IN SUPPORT FOR REDUCTION OF BAIL

[// GUIDANCE: File this document electronically or in person pursuant to local filing rules. Attach a Proposed Order and Proof of Service.]

TABLE OF CONTENTS

1. Notice of Hearing
2. Motion for Bail Reduction
3. Brief in Support
   3.1. Procedural Background
   3.2. Legal Standard
   3.3. Argument & Application of Bail Factors
4. Prayer for Relief
5. Verification / Certification
6. Proposed Order (separate attachment)
7. Proof of Service (separate attachment)

1. NOTICE OF HEARING

PLEASE TAKE NOTICE that the undersigned will bring the following Motion for Bail Reduction on [DATE] at [TIME] A.M./P.M. or as soon thereafter as counsel may be heard, before the Honorable [JUDGE NAME] in [COURTROOM/LOCATION], [Court Address].

2. MOTION FOR BAIL REDUCTION

NOW COMES the Defendant, [DEFENDANT NAME] (“Defendant”), by and through counsel, and respectfully moves this Court, pursuant to the Eighth Amendment to the United States Constitution and the Michigan Court Rules governing pre-trial release, for an order reducing the current bail from $[CURRENT BAIL AMOUNT] to $[PROPOSED BAIL AMOUNT] OR granting release on personal recognizance with appropriate conditions.

In support of this Motion, Defendant states:

1. Bail was originally set on [DATE] in the amount of $[CURRENT BAIL AMOUNT] on charges of [LIST OFFENSES WITH STATUTORY CITES, IF DESIRED].
2. Defendant has been unable to post bail and has remained in pre-trial detention at [DETENTION FACILITY] for [NUMBER] days.
3. Changed circumstances and additional information now available to the Court—including Defendant’s verified ties to the community, lack of criminal history (other than the instant charges), and the availability of less restrictive conditions—warrant a reduction in bail.
4. Counsel has conferred with the prosecuting attorney on [DATE] regarding the relief sought; [PROSECUTION’S POSITION—e.g., objects / takes no position / stipulates].
5. A proposed order is submitted contemporaneously herewith.

WHEREFORE, Defendant respectfully requests that this Court grant the relief set forth in the Prayer for Relief, infra.

3. BRIEF IN SUPPORT

3.1 Procedural Background

• Arrest & Arraignment: Defendant was arrested on [DATE] and arraigned before [JUDGE/MAGISTRATE], where bond was set as detailed above.
• Prior Compliance: Defendant has [no / one / multiple] prior failures to appear and [no / limited / significant] criminal record.
• New Information: Since the arraignment, Defendant has secured [employment verification, inpatient treatment placement, third-party custodian, etc.], demonstrating enhanced stability and reduced flight risk.

3.2 Legal Standard

Michigan law establishes a presumption of pre-trial release on least-restrictive conditions that reasonably assure (a) the defendant’s appearance and (b) public safety. Excessive bail is constitutionally prohibited. Factors commonly considered include, inter alia:
1. Nature and circumstances of the charged offense(s);
2. Weight of the evidence;
3. Defendant’s employment, financial resources, character, and mental condition;
4. Length of residence in the community and family ties;
5. Criminal history and record of appearances;
6. Risk to any person or the public;
7. Availability of less-restrictive alternatives to monetary bail.

[// GUIDANCE: These factors track Michigan Court Rule 6.106 and standard constitutional principles. Do NOT over-state or omit any factor that may be unfavorable; instead, address it candidly and explain mitigating details.]

3.3 Argument & Application of Bail Factors

A. Nature of the Offense & Weight of Evidence
• The charged offense is [non-violent / low-level / first-degree, etc.]; the prosecution’s evidence, while sufficient for probable cause, is [largely circumstantial / rebutted by exculpatory evidence / under ongoing investigation].

B. Ties to the Community
• Defendant has lived in [CITY] for [YEARS], maintains employment at [EMPLOYER], and supports [NUMBER] dependents.
• [FAMILY MEMBER] is willing to act as third-party custodian and ensure court appearances.

C. Criminal History & Record of Appearance
• Defendant’s record shows [no convictions / only misdemeanor traffic matters / prior felony resolved without FTAs].
• There are [zero] prior failures to appear.

D. Public-Safety Assessment
• No credible evidence suggests Defendant poses an articulable threat to any individual or the community.
• Defendant is prepared to comply with [drug testing, GPS tether, no-contact orders, curfew, etc.] as conditions of release.

E. Financial Ability
• Defendant’s monthly income is $[AMOUNT]; the existing bail effectively results in preventive detention, contrary to constitutional standards.
• A reduction to $[PROPOSED BAIL AMOUNT] (or release on recognizance) aligns bail with Defendant’s financial means while still ensuring appearance.

4. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Honorable Court:

A. Reduce bail from $[CURRENT BAIL AMOUNT] to $[PROPOSED BAIL AMOUNT], or in the alternative, grant release on personal recognizance subject to conditions the Court deems appropriate;
B. Set a prompt review/status date to assess compliance;
C. Grant such further relief as is just and proper.

Respectfully submitted,

Date: [DATE]

[ATTORNEY NAME] (P[BAR NO.])
Attorney for Defendant
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

5. VERIFICATION / CERTIFICATION

I, [DEFENDANT NAME], hereby state that I have reviewed the foregoing Motion and that the statements contained herein are true to the best of my knowledge, information, and belief.

Date: [DATE]

[DEFENDANT NAME], Defendant

[// GUIDANCE: Many Michigan judges require a verification or an affidavit. If the court does not, remove this section.]

6. PROPOSED ORDER

(Separate attachment titled “Proposed Order Granting Motion for Bail Reduction”)

[// GUIDANCE: Draft order should set the new bail amount, list any conditions, and schedule the next court date. Include signature line for the judge and a “Seen and Agreed” line for the prosecutor if stipulating.]

7. PROOF OF SERVICE

(Separate attachment pursuant to MCR 2.107)

[// GUIDANCE: Serve opposing counsel and file proof on the same day you file the motion. If e-service is utilized, reference the electronic filing notice as proof.]