MOTION FOR REDUCTION OF BAIL

(North Dakota State Criminal Court – Template)

[// GUIDANCE: This template is drafted to conform with the North Dakota Rules of Criminal Procedure (“N.D.R. Crim. P.”), controlling constitutional standards, and common local-practice expectations. Customize all bracketed placeholders and delete any bracketed instructional text before filing.]

TABLE OF CONTENTS

1. Caption & Document Title
2. Notice of Motion
3. Motion & Relief Requested
4. Statement of Facts
5. Argument
   5.1 Legal Standard
   5.2 Application of Statutory & Rule 46 Factors
6. Proposed Alternative Conditions of Release
7. Conclusion & Prayer for Relief
8. Verification (if required)
9. Certificate of Service
10. Signature Block
11. Exhibit Index

1. CAPTION & DOCUMENT TITLE

IN THE DISTRICT COURT OF [COUNTY] COUNTY, STATE OF NORTH DAKOTA

State of North Dakota,
                       )
                       ) Case No. [______]
v.                      )
                       )
[DEFENDANT FULL LEGAL NAME],     )
                       )
Defendant.                )

MOTION FOR REDUCTION OF BAIL AND TO SET REASONABLE CONDITIONS OF RELEASE

Date: [MONTH DAY, YEAR]

2. NOTICE OF MOTION

PLEASE TAKE NOTICE that on [DATE] at [TIME] a.m./p.m., or as soon thereafter as counsel may be heard, in Courtroom [__] before the Honorable [JUDGE NAME], Defendant [DEFENDANT SURNAME] will move this Court for an order reducing bail and establishing alternative conditions of pretrial release pursuant to N.D.R. Crim. P. 46, the Eighth Amendment to the United States Constitution, and Article I, § 11 of the North Dakota Constitution.

3. MOTION & RELIEF REQUESTED

Defendant respectfully moves this Court to:
1. Reduce the current bail amount of $[CURRENT BAIL] to $[PROPOSED BAIL] (cash/surety/recognizance, as specified); and
2. Impose the least-restrictive combination of conditions enumerated in Section 6 below sufficient to reasonably assure Defendant’s appearance and community safety.

4. STATEMENT OF FACTS

1. Arrest & Charges. Defendant was arrested on [ARREST DATE] and is charged by [COMPLAINT/INFORMATION/INDICTMENT] with [LIST OFFENSES & NDCC CITATIONS].
2. Current Bail. At the [INITIAL APPEARANCE/BAIL HEARING] on [DATE], the Court set bail at $[CURRENT BAIL] with the following conditions: [LIST].
3. Personal Background.
   a. Residence: [ADDRESS], residing there for [#] years.
   b. Employment: [EMPLOYER], employed as [POSITION] for [#] years.
   c. Family Ties: [SPOUSE/PARTNER, CHILDREN, CAREGIVER DUTIES].
4. Criminal History. [No prior convictions / limited record / details].
5. Conduct Since Arrest. Defendant has [complied with jail rules, participated in programs, etc.].
6. Financial Circumstances. Monthly income: $[]; essential expenses: $[]. Defendant cannot feasibly post the current bail. (See Exhibit A, Financial Affidavit.)
7. Change in Circumstances (if applicable). Describe new facts since the initial bail setting—e.g., new employment, health issues, discovery disclosures demonstrating weaker case, etc.

[// GUIDANCE: Include additional factual subsections as needed for the specific case.]

5. ARGUMENT

5.1 Legal Standard

1. Constitutional Framework. Excessive bail is prohibited by the Eighth Amendment and N.D. Const. art. I, § 11.
2. Rule 46 Governs. N.D.R. Crim. P. 46(b) directs the Court to impose the “least restrictive” conditions that will reasonably assure appearance and public safety.
3. Statutory Factors. In determining bail, courts consider:
   a. Nature and circumstances of the offense;
   b. Weight of the evidence;
   c. Defendant’s family ties, employment, financial resources, length of residence, and community ties;
   d. Criminal history and record concerning appearance at court;
   e. Any danger posed to the community;
   f. Other relevant factors (health, treatment needs, etc.).
   [// GUIDANCE: These factors are distilled from Rule 46 and common North Dakota practice.]

5.2 Application of Factors

1. Nature of Offense & Weight of Evidence. [Summarize offense level, non-violent nature, potential defenses, or weakness of proof.]
2. Community Ties. Defendant’s long-standing residence, stable employment, and close-knit family mitigate risk of flight. (See Exhibit B, Letters of Support.)
3. Criminal History & Court Compliance. [No prior failures to appear / minimal record / probation compliance.]
4. Financial Ability. Maintaining bail at $[CURRENT BAIL] effectively denies release and contravenes Rule 46(c) which requires the Court to consider the defendant’s ability to meet the financial obligation.
5. Public Safety. Conditions proposed in Section 6 sufficiently address any articulated safety concerns.
6. Changed Circumstances. [Explain how new facts materially alter prior risk assessment.]

Accordingly, continued detention on the present bail amount is excessive and contrary to governing law.

6. PROPOSED ALTERNATIVE CONDITIONS OF RELEASE

Defendant proposes the following combination of least-restrictive conditions:
a. Personal recognizance or cash bond not to exceed $[PROPOSED BAIL];
b. Pretrial Services supervision with reporting schedule as directed;
c. Travel restricted to [COUNTY]/North Dakota; surrender of passport;
d. No contact with alleged victim(s) and compliance with any protective orders;
e. Abstention from possession of firearms or dangerous weapons;
f. Participation in [drug/alcohol/mental-health] evaluation and follow-up treatment as recommended;
g. Any other condition the Court deems just and proper.

[// GUIDANCE: Tailor condition list to the particular allegations and client circumstances. Conditions should directly correspond to court-identified concerns.]

7. CONCLUSION & PRAYER FOR RELIEF

For the foregoing reasons, Defendant respectfully requests that this Court:
1. GRANT this Motion;
2. Reduce bail to $[PROPOSED BAIL] and/or order release on personal recognizance; and
3. Impose the alternative conditions set forth herein or such other conditions the Court finds reasonable and necessary.

8. VERIFICATION (Include only if required by local rule or judge.)

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

Date: ___             ______
                          [DEFENDANT NAME]

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 State’s Attorney by [E-Filing / Hand Delivery / Email], pursuant to N.D.R. Crim. P. 49.

Date: ___             ______
                        [DEFENSE COUNSEL NAME]
                        ND Bar ID No. [______]

10. SIGNATURE BLOCK

Respectfully submitted,

[DEFENSE COUNSEL NAME]
[LAW FIRM (if any)]
[STREET ADDRESS]
[CITY], ND [ZIP]
Telephone: ([]) [-____]
Email: [EMAIL ADDRESS]
Attorney for Defendant [DEFENDANT SURNAME]

11. EXHIBIT INDEX (Attach as needed)

• Exhibit A – Financial Affidavit
• Exhibit B – Letters of Community Support
• Exhibit C – Employment Verification
• Exhibit D – [Other Relevant Document]

[// GUIDANCE: Number and label all exhibits consistently; reference them in the Statement of Facts or Argument where pertinent.]

FINAL DRAFTING CHECKLIST

[// GUIDANCE: Remove this checklist before filing.]
☐ Populate all placeholders (names, dates, amounts).
☐ Conform to local scheduling & motion-practice rules (e.g., notice period, page limits).
☐ Attach supporting exhibits and affidavits.
☐ Verify compliance with any standing orders of the assigned judge.
☐ Perform final proofread for accuracy and consistency.