STATE OF NEW HAMPSHIRE
[___] COUNTY SUPERIOR COURT
Criminal Case No. [____]

STATE OF NEW HAMPSHIRE
v.
[DEFENDANT NAME], Defendant.

MOTION TO REDUCE BAIL

[// GUIDANCE: Insert the case caption exactly as it appears on all prior pleadings. Verify that the docket number is correct and matches the Court’s internal file.]

TABLE OF CONTENTS

1. Introduction & Relief Requested
2. Background & Procedural Posture
3. Governing Law
4. Argument
   4.1 Statutory Bail Factors (RSA 597:2)
   4.2 Constitutional Considerations (U.S. Const. amend. VIII)
   4.3 Ability to Pay & Excessiveness Analysis
   4.4 Availability of Less Restrictive Means
5. Proposed Alternative Conditions of Release
6. Prayer for Relief
7. Request for Hearing
8. Certificate of Service

1. Introduction & Relief Requested

NOW COMES the Defendant, [DEFENDANT FULL LEGAL NAME] (“Defendant”), by and through undersigned counsel, and respectfully moves this Honorable Court, pursuant to N.H. Rev. Stat. Ann. § 597:2 and the Eighth Amendment to the United States Constitution, to:

a. Reduce the currently-imposed cash/surety bail of $[CURRENT BAIL AMOUNT] to $[REQUESTED BAIL AMOUNT]; or
b. In the alternative, release Defendant on personal recognizance or on an unsecured appearance bond subject to reasonable conditions enumerated below.

2. Background & Procedural Posture

1. On [ARREST DATE], Defendant was arrested and charged by Complaint with [LIST CHARGES & STATUTES] arising out of [BRIEF FACTUAL SUMMARY].
2. Following arrest, the Bail Commissioner set bail at $[AMOUNT] cash/surety with the following conditions: [LIST EXISTING CONDITIONS].
3. Defendant was unable to post the required amount due to financial incapacity and has remained detained in the [FACILITY NAME] since [DATE].
4. Trial is presently scheduled for [TRIAL DATE]; no prior continuances or bail reduction motions have been granted.

[// GUIDANCE: Cite any prior bail-related proceedings, including video arraignments, probable-cause hearings, or motions for preventive detention.]

3. Governing Law

1. RSA 597:1 articulates that the primary purpose of bail in New Hampshire is to ensure a defendant’s appearance and protect the public when required by clearly-articulated statutory standards.
2. RSA 597:2 sets forth the specific factors a court must weigh when determining the amount of bail and appropriate conditions of release, including but not limited to:
   a. Nature and circumstances of the offense(s);
   b. Weight of the evidence;
   c. Defendant’s family ties, employment, financial resources, length of residence, and community ties;
   d. Defendant’s prior record concerning court appearances and convictions;
   e. Any verified information regarding mental condition or substance-use disorder; and
   f. Risk to the safety of the alleged victim or the public.
3. The Eighth Amendment prohibits the imposition of “[e]xcessive bail.” U.S. Const. amend. VIII.

4. Argument

4.1 Statutory Bail Factors (RSA 597:2)

4.2 Constitutional Considerations

The current bail of $[CURRENT BAIL]—an amount far exceeding Defendant’s means—constitutes “excessive bail” within the meaning of the Eighth Amendment because it operates as de facto pre-trial detention without the procedural safeguards mandated for preventive detention under RSA 597:2, IV–V.

4.3 Ability to Pay & Excessiveness Analysis

• Defendant’s verified monthly income totals $[______], exclusive of fixed obligations of $[______].
• Even if permitted to post through a commercial surety, the required 10% premium of $[CALC.] remains beyond Defendant’s capacity.
• Courts have uniformly recognized that bail set above a defendant’s means violates the statutory directive to consider financial resources and the constitutional prohibition against excessive bail.

4.4 Availability of Less Restrictive Means

Under RSA 597:2, I, the Court must impose “the least restrictive” combination of conditions that will reasonably assure appearance and protect any identifiable safety concern. The following non-financial conditions accomplish those objectives with equal or greater efficacy:

1. Weekly in-person or telephonic check-ins with Pretrial Services;
2. Mandatory participation in [SUBSTANCE USE / MENTAL HEALTH] treatment;
3. Curfew from [HOURS];
4. No contact with alleged victim(s);
5. GPS monitoring if deemed necessary.

5. Proposed Alternative Conditions of Release

Defendant proposes the following bail structure:

a. Personal Recognizance or Unsecured Appearance Bond in the amount of $[REQUESTED BAIL AMOUNT/0];
b. Compliance with the conditions listed in Section 4.4, supra;
c. Any other reasonable condition the Court deems necessary under RSA 597:2.

[// GUIDANCE: Replace “PR/unsecured” with a reduced cash amount if total release is unlikely in your venue.]

6. Prayer for Relief

WHEREFORE, Defendant respectfully prays that this Honorable Court:

A. GRANT this Motion and reduce bail to $[REQUESTED BAIL AMOUNT] or, in the alternative, release Defendant on personal recognizance or an unsecured bond;
B. IMPOSE the alternative non-financial conditions of release detailed herein;
C. ORDER the immediate release of Defendant upon compliance with the modified bail order; and
D. GRANT such other and further relief as justice requires.

7. Request for Hearing

Pursuant to RSA 597:2, Defendant requests that the Court schedule an expedited bail review hearing. Defendant anticipates that approximately [TIME ESTIMATE, e.g., 30 minutes] will be required.

[// GUIDANCE: Some NH circuits/superior courts require the “Motion for Scheduling” as a separate filing. Confirm local practice.]

8. Certificate of Service

I hereby certify that a copy of the foregoing Motion has been delivered on this [DATE] to the Office of the County Attorney, [COUNTY NAME], via [E-Mail / E-Filing Portal / Hand Delivery], in accordance with NH Superior Court Rule 5.

Respectfully submitted,

[ATTORNEY NAME] (Bar # [_])
[Law Firm Name]
[Street Address]
[City, State ZIP]
Tel: [] | Fax: [_]
E-mail: []

ATTORNEY FOR DEFENDANT
[// GUIDANCE: Confirm whether the court requires an attorney affidavit or verification under oath. If so, append a notarized statement under penalty of perjury.]

OPTIONAL ATTACHMENTS

1. Proposed Order on Motion to Reduce Bail (form).
2. Affidavit of [DEFENDANT/PRETRIAL SERVICE OFFICER] re: Ability to Pay.
3. Treatment Program Acceptance Letter.

[// GUIDANCE: Attachments should be filed as separate PDFs unless court e-filing rules permit combined filings.]