IN THE GENERAL COURT OF JUSTICE

[SUPERIOR/DISTRICT] COURT DIVISION

STATE OF NORTH CAROLINA – COUNTY OF [COUNTY]

State of North Carolina
v.
[DEFENDANT FULL NAME], Defendant.

Case No.: [YY CRS #####]

MOTION FOR REDUCTION OF BAIL

(AND FOR MODIFICATION OF PRETRIAL RELEASE CONDITIONS)

[// GUIDANCE: File this motion in the same division and under the same case number in which the original conditions of release were set. Serve the District Attorney and provide a courtesy copy to the magistrate or judge who originally set bond, if local rules so require.]

TABLE OF CONTENTS

I. Introduction
II. Procedural History
III. Legal Standard
IV. Argument
 A. Nature & Circumstances of the Offense
 B. Weight of the Evidence
 C. Ties to the Community
 D. Prior Criminal Record & Court Appearance History
 E. Risk of Flight
 F. Danger to Any Person or the Community
 G. Other Statutory Factors
V. Prayer for Relief
VI. Notice of Hearing
VII. Verification
VIII. Certificate of Service
Exhibit A – Proposed Order

I. INTRODUCTION

NOW COMES the Defendant, [Defendant Full Name] (“Defendant”), by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to N.C. Gen. Stat. § 15A-534 (2023), Article I, § 27 of the North Carolina Constitution, and the Eighth Amendment to the United States Constitution to:

1. Reduce the presently-imposed secured bond of $[Current Bail Amount] to $[Requested Bail Amount], or
2. Convert the secured bond to an unsecured bond or a written promise to appear, and
3. Modify any other conditions of pretrial release as justice requires.

II. PROCEDURAL HISTORY

1. On [Date of Arrest], Defendant was arrested and charged with [Offense(s) Charged] in violation of [Statute(s)].
2. At the initial appearance on [Date], a magistrate set a secured bond in the amount of $[Current Bail Amount] with additional conditions of release including [List Any Additional Conditions].
3. Defendant remains in custody at [Detention Facility] and has been incarcerated for [Number of Days] days since arrest.
4. No prior motion to modify bail has been ruled upon in this matter.

III. LEGAL STANDARD

Under N.C. Gen. Stat. § 15A-534, the Court must impose the least restrictive condition or a combination of conditions that will reasonably assure the appearance of the defendant and the safety of any person or the community. In setting or reviewing bail, the Court shall consider, inter alia:

• The nature and circumstances of the offense;
• The weight of the evidence;
• The defendant’s family ties, employment, financial resources, character, and length of residence in the community;
• The defendant’s prior criminal record, including record of appearances; and
• The nature and seriousness of any danger posed by the defendant’s release.

Excessive bail is constitutionally prohibited. N.C. Const. art. I, § 27; U.S. Const. amend. VIII.

IV. ARGUMENT

A. Nature & Circumstances of the Offense

[PLACEHOLDER: Provide brief, objective description highlighting any non-violent nature, absence of aggravating factors, or mitigating circumstances.]

B. Weight of the Evidence

[PLACEHOLDER: Summarize evidentiary weaknesses, lack of eyewitnesses, credibility issues, or affirmative defenses.]

C. Ties to the Community

• Residency: Defendant has resided at [Address] for [Years] years.
• Family: Defendant’s [spouse/parents/children] reside in [County].
• Employment: Defendant has been employed as [Job Title] at [Employer] for [Years].
• Community Involvement: [Church/Volunteer/School Activities].

D. Prior Criminal Record & Court Appearance History

[PLACEHOLDER: Note minimal or non-violent record, history of appearing for court as scheduled, completion of probation, etc.]

E. Risk of Flight

Defendant’s deep community ties, stable employment, and family obligations demonstrate a minimal flight risk. Defendant’s passport is [Surrendered/Not Possessed].

F. Danger to Any Person or the Community

[PLACEHOLDER: Emphasize absence of threats, violence, or protective order violations; reference any positive character references or pending treatment programs.]

G. Other Statutory Factors

[PLACEHOLDER: Address Defendant’s physical/mental condition, financial circumstances that render current bond effectively punitive, or COVID-19-related health considerations.]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that the Court:

1. Reduce the secured bond from $[Current Bail Amount] to $[Requested Bail Amount], or, in the alternative, set an unsecured bond or grant release on a written promise to appear;
2. Modify pretrial release conditions to permit Defendant to continue employment and participate in any court-ordered programs; and
3. Grant such other and further relief as the Court deems just and proper.

VI. NOTICE OF HEARING

PLEASE TAKE NOTICE that the undersigned will bring this Motion on for hearing before the Honorable [Judge’s Name] at [Courtroom Number], [Courthouse Name], [County], North Carolina, on [Date] at [Time], or as soon thereafter as counsel may be heard.

[// GUIDANCE: Coordinate the hearing date with the clerk’s office and opposing counsel. Many counties require 24- to 48-hours’ written notice to the State.]

VII. VERIFICATION

I, [Attorney or Defendant Name], being duly sworn, depose and say that I have read the foregoing Motion for Reduction of Bail and that the matters contained therein are true to my personal knowledge, except as to those matters alleged upon information and belief, and as to those, I believe them to be true.

[Name], [Role]
[NC State Bar No. ____]

Sworn to and subscribed before me this ___ day of _ 20.

Notary Public
My Commission Expires: ____

VIII. CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing Motion was served upon the Office of the District Attorney for [Judicial District] by:

☐ Hand Delivery ☐ E-mail ☐ First-Class U.S. Mail
to [Assistant DA Name & Address / E-mail]
on this ___ day of _ 20.

[Attorney Name]
Counsel for Defendant
[Law Firm]
[Address] | [Phone] | [Email]

EXHIBIT A – PROPOSED ORDER (file separately if local rules require)

STATE OF NORTH CAROLINA – COUNTY OF [COUNTY]
IN THE GENERAL COURT OF JUSTICE
[SUPERIOR/DISTRICT] COURT DIVISION

Case No.: [YY CRS #####]

State of North Carolina
v.
[DEFENDANT FULL NAME]

ORDER ON MOTION FOR REDUCTION OF BAIL

This matter came on for hearing on [Date] upon Defendant’s Motion for Reduction of Bail. The State appeared by [Assistant DA Name]. The Defendant appeared in person and through counsel, [Defense Counsel Name].

After considering the arguments of counsel, the statutory factors set forth in N.C. Gen. Stat. § 15A-534, and the entire record in this matter, the Court FINDS good cause to modify the defendant’s conditions of release.

IT IS THEREFORE ORDERED that:

1. The prior secured bond of $[Current Bail Amount] is [reduced to $___ / converted to unsecured bond / converted to written promise].
2. Defendant shall comply with the following additional conditions of release:
    a. Maintain contact with pretrial services and comply with all reporting requirements;
    b. Abstain from any criminal offense;
    c. [Other Conditions: electronic monitoring, curfew, treatment, etc.].

This the ___ day of _ 20.

[Judge’s Name], District/Superior Court Judge
Judicial District [##], North Carolina

[// GUIDANCE: Attach any supporting affidavits, character letters, or documentation (pay stubs, lease agreements) as separate exhibits. Verify that all personal identifying information complies with local confidentiality rules before filing.]