Motion for Bail Reduction - North Dakota

IN THE DISTRICT COURT OF [COUNTY] COUNTY

STATE OF NORTH DAKOTA

STATE OF NORTH DAKOTA, Plaintiff,

v. Case No. [CASE NUMBER]

[DEFENDANT NAME], Defendant.

REQUEST FOR REVIEW AND REDUCTION

OF PRETRIAL RELEASE CONDITIONS

Defendant [DEFENDANT NAME], through counsel, requests review under N.D.R.Crim.P. 46(a)(5) of the conditions that have kept Defendant detained for at least 48 hours after the release hearing.

I. PROCEDURAL BACKGROUND

1. Defendant was arrested on [DATE] and charged with [CHARGES AND STATUTES].
2. At the release hearing on [DATE AND TIME], the magistrate ordered [TYPE AND AMOUNT OF BOND / OTHER CONDITIONS].
3. More than 48 hours have elapsed since that hearing, and Defendant remains detained because [DEFENDANT CANNOT MEET THE FINANCIAL OR OTHER CONDITIONS].
4. Defendant requests [PERSONAL RECOGNIZANCE / UNSECURED APPEARANCE BOND / TEN-PERCENT DEPOSIT / REDUCED BAIL / OTHER CONDITIONS].

II. CURRENT GOVERNING LAW

Article I, Section 11 of the North Dakota Constitution provides that all persons are bailable by sufficient sureties except for capital offenses when the proof is evident or the presumption great, and it prohibits excessive bail.

N.D.R.Crim.P. 46(a)(1) requires release before trial on personal recognizance or an unsecured appearance bond unless the magistrate determines that unconditional release will not reasonably assure appearance. If unconditional release is inappropriate, Rule 46(a)(2) authorizes conditions reasonably directed to appearance, including third-party custody, employment or education requirements, travel, association, or residence restrictions, no contact, reporting, curfew, weapon or substance restrictions, treatment, a deposit not exceeding ten percent of an appearance bond, a bail bond with sufficient sureties or cash in lieu, and other reasonably necessary conditions.

Under Rule 46(a)(3), the magistrate must consider:

• The nature and circumstances of the charge;
• The weight of the evidence;
• Defendant's family ties, employment, financial resources, character, and mental condition;
• Length of residence in the community;
• Record of convictions;
• Appearance, flight, and failure-to-appear history; and
• The nature and seriousness of danger posed by release.

Rule 46(a)(5) provides that a person who remains detained 48 hours after the release hearing because of inability to meet the conditions may, on request, have those conditions reviewed by a magistrate. Rule 46(a)(6) permits amendment of a release order at any time to impose additional or different conditions.

Citation note: Rule 46(b) governs release during trial, and Rule 46(c) governs motions after a notice of appeal from a conviction. Neither is the source of the pretrial 48-hour review requested here.

III. ARGUMENT

A. Appearance can be reasonably assured by the requested conditions.

Defendant's relevant circumstances are:

• Residence: [ADDRESS AND LENGTH OF RESIDENCE];
• Family and community ties: [DETAILS];
• Employment or education: [DETAILS];
• Financial resources: [INCOME, ASSETS, EXPENSES, AND AVAILABLE HELP];
• Appearance history: [DETAILS, INCLUDING ANY FAILURES TO APPEAR AND EXPLANATIONS]; and
• Proposed supervision: [DESIGNATED PERSON / REPORTING PLAN].

Those facts support [REQUESTED CONDITIONS] as reasonably sufficient to secure appearance.

B. The proposed conditions address the danger factor in Rule 46(a)(3)(G).

The relevant allegations and history are [FACTS]. Defendant proposes [NO CONTACT / CURFEW / WEAPON RESTRICTION / TREATMENT / TESTING / THIRD-PARTY SUPERVISION / OTHER CONDITION]. Explain how the proposed conditions address the identified concern: [ANALYSIS].

C. Continued detention results from conditions Defendant cannot meet.

The present requirement is [CONDITION], and Defendant cannot meet it because [VERIFIED FACTS]. Defendant can meet [ALTERNATIVE CONDITION]. Review and amendment are therefore warranted under Rule 46(a)(5)-(6).

IV. REQUEST FOR RELIEF

Defendant respectfully requests that the magistrate:

1. Review the release conditions under Rule 46(a)(5);
2. Amend the order to [PERSONAL RECOGNIZANCE / UNSECURED APPEARANCE BOND / TEN-PERCENT DEPOSIT / REDUCED BAIL / OTHER TERMS]; and
3. Grant any other lawful relief the Court finds appropriate.

Respectfully submitted,

____________________________________
[ATTORNEY NAME] (N.D. Bar ID No. [NUMBER])
[FIRM / OFFICE]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant

CERTIFICATE OF SERVICE

I certify under N.D.R.Crim.P. 49 that on [DATE], a true copy of this Request was served on [STATE'S ATTORNEY / OTHER PARTY] by [METHOD AUTHORIZED BY N.D.R.Civ.P. 5(b)].

____________________________________
[ATTORNEY NAME]

PROPOSED ORDER

The magistrate has reviewed the conditions under N.D.R.Crim.P. 46(a)(5) and considered the factors in Rule 46(a)(3).

IT IS ORDERED that the Request is [GRANTED / DENIED].

If granted, the release order is amended to [TERMS].

Date: _______________ _______________________________
[MAGISTRATE / DISTRICT JUDGE]

OFFICIAL SOURCES

• N.D. Const. art. I, § 11: https://www.ndcourts.gov/legal-resources/nd-constitution/article-i-declaration-of-rights
• N.D.R.Crim.P. 46 (current version effective Mar. 1, 2021): https://www.ndcourts.gov/legal-resources/rules/ndrcrimp/46
• N.D.R.Crim.P. 49: https://www.ndcourts.gov/legal-resources/rules/ndrcrimp/49