STATE OF MINNESOTA

DISTRICT COURT

[PLACEHOLDER] COUNTY

[PLACEHOLDER] JUDICIAL DISTRICT

State of Minnesota,
  Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
  Defendant.

Court File No.: [PLACEHOLDER]

NOTICE OF MOTION AND MOTION FOR REDUCTION OF BAIL

Hearing Date & Time: [PLACEHOLDER]
Judge: [HON. PLACEHOLDER]

TABLE OF CONTENTS

1. Notice of Motion .............................................................................. 1
2. Introduction & Procedural Posture ............................................... 2
3. Statement of Relevant Facts ......................................................... 2
4. Applicable Legal Standards ............................................................. 3
5. Argument ......................................................................................... 4
   5.1 Excessive Bail Prohibition ..................................................... 4
   5.2 Statutory & Rule-Based Bail Factors ........................................ 4
   5.3 Defendant’s Specific Circumstances ........................................ 5
6. Proposed Alternative Conditions of Release ............................... 6
7. Prayer for Relief ............................................................................... 7
8. Verification (Optional) ...................................................................... 7
9. Certificate of Service ........................................................................ 8

[// GUIDANCE: Word-processing programs will auto-paginate; update page numbers after editing.]

1. NOTICE OF MOTION

PLEASE TAKE NOTICE that on the date and time set forth above, or as soon thereafter as counsel may be heard, the Defendant, by and through undersigned counsel, will move this Court pursuant to Minn. Const. art. I, § 7 and Minn. R. Crim. P. 6.02 for an order reducing the bail previously set in this matter.

2. INTRODUCTION & PROCEDURAL POSTURE

1. On [DATE], Defendant was arrested and charged with [CHARGE(S) WITH STATUTORY CITES].
2. At the first appearance on [DATE], bail was set at $ [CURRENT BAIL AMOUNT] with the following conditions: [LIST CURRENT CONDITIONS].
3. Defendant has remained in custody since that date, unable to post the required bail.

3. STATEMENT OF RELEVANT FACTS

1. Defendant is a lifelong resident of [COUNTY/STATE] with significant community ties, including:
   a. Continuous residence at [ADDRESS] for [NUMBER] years;
   b. Full-time employment at [EMPLOYER];
   c. Immediate family—including [RELATIONSHIPS]—residing within the jurisdiction.
2. Defendant has minimal criminal history, limited to [DESCRIBE OR “none”].
3. Defendant’s gross monthly income is $ [AMOUNT]; Defendant’s financial affidavit (Exhibit A) demonstrates inability to post the current bail without undue hardship.
4. Defendant has consistently appeared at prior court proceedings in unrelated matters (if any) and poses no risk of flight.

4. APPLICABLE LEGAL STANDARDS

1. Constitutional Standard: “Excessive bail shall not be required.” Minn. Const. art. I, § 7.
2. Right to Pretrial Release: Except for capital offenses, a defendant is entitled to pretrial release under conditions set by the court. Minn. R. Crim. P. 6.02, subd. 1.
3. Bail Factors: In setting the amount and conditions of bail, the court must consider the factors enumerated in Minn. R. Crim. P. 6.02, subd. 2, including but not limited to:
   a. Nature and circumstances of the offense charged;
   b. Weight of the evidence;
   c. Defendant’s family ties, employment, financial resources, character, and mental condition;
   d. Length of residence in the community;
   e. Record of convictions;
   f. Appearance at previous court proceedings;
   g. Any other factor bearing on the likelihood of appearance or danger to the public.

5. ARGUMENT

5.1 Excessive Bail Prohibition

Bail that exceeds an amount necessary to ensure Defendant’s appearance violates Minn. Const. art. I, § 7. The current bail of $ [AMOUNT] is per se excessive because Defendant demonstrably lacks the financial means to post it, rendering the bail tantamount to an order of pretrial detention.

5.2 Statutory & Rule-Based Bail Factors

1. Nature of Offense: The charged offense, [OFFENSE], is a [SEVERITY LEVEL] offense carrying a presumptive sentence of [GUIDELINES RANGE / MAXIMUM PENALTY].
2. Evidence Weight: Discovery produced thus far consists of [BRIEF SUMMARY], which is subject to credibility challenges explained in the accompanying Memorandum.
3. Community Ties: Defendant’s fixed residence, steady employment, and family obligations strongly favor release on reduced bail or non-monetary conditions.
4. Public Safety: The alleged conduct was non-violent / isolated / involves no direct threat to specific individuals (tailor as appropriate). There is no demonstrated danger to the community.

5.3 Defendant’s Specific Circumstances

1. Financial Inability: Exhibit A shows available liquid assets of $ [AMOUNT], insufficient to secure the current bail even via a surety bond.
2. Pretrial Detention Hardship: Continued detention jeopardizes Defendant’s employment, housing, and ability to assist in trial preparation, impairing the constitutional right to a meaningful defense.
3. Alternatives: Less restrictive conditions—such as supervised release, electronic home monitoring, or a secured bond of $ [PROPOSED AMOUNT]—would adequately mitigate flight risk.

6. PROPOSED ALTERNATIVE CONDITIONS OF RELEASE

Defendant respectfully proposes the following graduated conditions pursuant to Minn. R. Crim. P. 6.02, subd. 3:
a. Bail reduced to $ [PROPOSED AMOUNT] cash or surety;
b. Mandatory appearance at all court proceedings;
c. Electronic home monitoring administered by [AGENCY];
d. No contact with alleged victims or witnesses identified by the State;
e. Compliance with any chemical use assessments and follow-up treatment recommendations;
f. Weekly check-ins with pretrial services.

[// GUIDANCE: Tailor conditions to local pretrial services capabilities; verify any fees or eligibility requirements.]

7. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Court:
1. Grant the instant Motion and reduce bail to $ [PROPOSED AMOUNT] cash or surety; or
2. In the alternative, release Defendant on non-monetary conditions enumerated above; and
3. Grant such other and further relief as the Court deems just and equitable.

8. VERIFICATION (OPTIONAL)

I, [DEFENDANT NAME], declare under penalty of perjury that the foregoing factual statements are true and correct to the best of my knowledge.
Date: __    _____
        [DEFENDANT NAME]

[// GUIDANCE: Verification is not mandated under MN rules for motions; include only if strategic.]

9. CERTIFICATE OF SERVICE

I certify that on [DATE], I served a true and correct copy of the foregoing Motion for Reduction of Bail upon the prosecuting attorney of record via [METHOD OF SERVICE, e.g., E-Filing & E-Service System / hand delivery].

Date: __    _____
        [ATTORNEY NAME]
        Attorney for Defendant
        [LAW FIRM NAME]
        [ADDRESS]
        [EMAIL] | [PHONE] | Atty. Reg. No. [NUMBER]

EXHIBITS (list as applicable)

• Exhibit A – Defendant’s Financial Affidavit
• Exhibit B – Letters of Support / Character References
• Exhibit C – Employment Verification Letter
• Exhibit D – Proposed Order (draft for court convenience)

[// GUIDANCE: Always attach a proposed order; many Minnesota judges require one before ruling.]

PROPOSED ORDER (ATTACH AS SEPARATE DOCUMENT)

[Include styled caption, findings, and the court’s blank signature/date lines.]

NOTES FOR PRACTITIONERS

• Double-check local judicial district rules for any additional forms (e.g., Release Questionnaire).
• If the alleged offense triggers a statutory “public safety” hold (e.g., certain violent felonies), be prepared to address Minn. Stat. §§ 629.715-.74 (bail evaluations) in oral argument.
• Consider supplementing with a written Memorandum of Law if novel issues (e.g., ability-to-pay constitutional challenges) are raised.