SUPERIOR COURT OF NEW JERSEY
[COUNTY] COUNTY – LAW DIVISION, CRIMINAL PART
DOCKET NO.: [INDICTMENT/COMPLAINT NO.]
STATE OF NEW JERSEY,
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
MOTION FOR BAIL REDUCTION
(Pursuant to N.J. Ct. R. 3:26-2 & 3:26-6)
[DATE]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Notice of Motion & Relief Requested)
- Representations and Warranties (Certifications)
- Covenants & Restrictions (Proposed Conditions of Release)
- Default & Remedies (Consequences of Non-Compliance)
- Risk Allocation
- Dispute Resolution & Governing Law
- General Provisions
- Execution Block
- Certificate of Service
- Proposed Form of Order
1. DOCUMENT HEADER
1.1 Caption and Parties. See above.
1.2 Jurisdiction & Venue. This Motion is brought before the Superior Court of New Jersey, Law Division, Criminal Part, pursuant to the New Jersey Constitution, the Criminal Justice Reform Act (N.J.S.A. 2A:162-15 et seq.), and New Jersey Court Rules 3:26-2 and 3:26-6.
1.3 Effective Date. Upon filing with the Clerk of the Court.
2. DEFINITIONS
For purposes of this Motion, the following capitalized terms shall have the meanings set forth below:
“Bail” – The monetary component of pre-trial release presently fixed in the amount of $[CURRENT BAIL AMOUNT], together with any accompanying conditions.
“Defendant” – [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], SBI [STATE BUREAU OF IDENTIFICATION NO.], currently detained at [FACILITY].
“Financial Condition” – Defendant’s present inability to post Bail as certified herein.
“Proposed Bond” – The reduced monetary amount of $[REQUESTED BAIL AMOUNT] or, in the alternative, non-monetary conditions as detailed in Section 5 below.
“Surety” – [NAME OF PROPOSED SURETY COMPANY OR PERSON], if applicable.
[// GUIDANCE: Add or remove defined terms as needed. Ensure every capitalized term is used consistently throughout the Motion.]
3. OPERATIVE PROVISIONS
3.1 Notice of Motion
PLEASE TAKE NOTICE that on [RETURN DATE] at [TIME], or as soon thereafter as counsel may be heard, the undersigned attorney for Defendant shall move before the Hon. [JUDGE’S FULL NAME], J.S.C., for an Order reducing Bail and/or modifying the conditions of pre-trial release as set forth herein.
3.2 Relief Requested
A. Reduction of Bail from $[CURRENT BAIL AMOUNT] to $[REQUESTED BAIL AMOUNT]; or
B. Conversion to non-monetary release subject to the alternative conditions enumerated in § 5; and
C. Such other and further relief as the Court deems just.
[// GUIDANCE: Tailor paragraph to local motion-calendar requirements. Attach a Proposed Form of Order (Section 12).]
4. REPRESENTATIONS & WARRANTIES (CERTIFICATIONS)
4.1 Certification of Counsel. I, [ATTORNEY NAME], Esq. (Attorney ID [BAR NO.]), certify that the factual assertions contained herein are true to the best of my knowledge, information, and belief.
4.2 Certification of Defendant. Attached hereto as Exhibit A is Defendant’s sworn certification attesting to:
a. Financial Condition and inability to post current Bail;
b. Ties to the community (residence, family, employment, education);
c. Commitment to appear at all court proceedings; and
d. Willingness to comply with all Court-ordered conditions.
4.3 Survival. These certifications are made under penalty of perjury (N.J.S.A. 2C:28-2) and shall survive determination of this Motion.
5. COVENANTS & RESTRICTIONS (PROPOSED CONDITIONS OF RELEASE)
Subject to Court approval, Defendant affirmatively covenants to:
- Appear at all court-required dates and comply with any scheduling directives;
- Maintain weekly in-person or virtual reporting to [PRETRIAL SERVICES / PROBATION];
- Abide by geographic restrictions, including surrender of passport and prohibition on interstate travel absent prior Court approval;
- Submit to electronic monitoring (e.g., GPS ankle bracelet) if deemed necessary;
- Refrain from contact with any alleged victim(s) or witness(es);
- Refrain from possessing firearms or dangerous weapons;
- Comply with any additional condition specified by the Court.
[// GUIDANCE: Modify or expand the list to match the specific risk factors identified in the Public Safety Assessment (PSA) or any pre-trial services report.]
6. DEFAULT & REMEDIES
6.1 Events of Default. Breach of any covenant in § 5, failure to appear, or commission of a new offense shall constitute an Event of Default.
6.2 Notice & Opportunity to Cure. Upon notice by Pre-Trial Services or the State, Defendant shall have a reasonable opportunity to be heard prior to revocation, except where immediate detention is mandated under applicable law.
6.3 Graduated Remedies.
a. Imposition of heightened non-monetary conditions;
b. Partial or full forfeiture of the Proposed Bond up to the liability cap of $[REQUESTED BAIL AMOUNT];
c. Revocation of release and re-commitment pending trial.
6.4 Attorney’s Fees & Costs. The prevailing party on any enforcement motion related hereto may seek reasonable attorney’s fees and costs as justice requires.
7. RISK ALLOCATION
7.1 Liability Cap. The financial exposure of Surety and Defendant is expressly limited to the amount of the Proposed Bond, consistent with the statutory framework governing bail forfeiture.
7.2 Indemnification. Not applicable to this Motion; no third-party indemnification is sought or offered.
7.3 Force Majeure. Impossibility of performance caused by Force Majeure (e.g., medical emergency preventing court appearance) shall suspend Defendant’s obligations to appear only upon prompt notice and credible proof.
8. DISPUTE RESOLUTION & GOVERNING LAW
8.1 Governing Law. This Motion and any subsequent proceedings shall be governed exclusively by New Jersey state criminal procedure and the Rules of Court.
8.2 Forum Selection. Any dispute arising under or relating to compliance with the conditions of release shall be resolved by the Superior Court of New Jersey, [COUNTY] County, Criminal Part.
8.3 Arbitration & Jury Waiver. Not applicable.
8.4 Injunctive Relief. The Court retains inherent authority to issue any necessary injunctive orders to secure Defendant’s appearance and protect public safety.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any amendment to the conditions of release must be in writing and entered on the record by the Court.
9.2 Severability. If any provision herein is held unenforceable, the remaining provisions shall remain in full force.
9.3 Integration. This Motion, supporting certifications, and exhibits constitute the entire submission; no prior communications shall modify its terms.
9.4 Electronic Signatures. Permitted pursuant to N.J. Ct. R. 1:32-2A.
10. EXECUTION BLOCK
Respectfully submitted,
[ATTORNEY NAME], ESQ.
Attorney for Defendant
[LAW FIRM NAME]
[ADDRESS] • Tel: [PHONE] • Email: [EMAIL]
Attorney ID No.: [BAR NO.]
Dated: [DATE]
11. CERTIFICATE OF SERVICE
I hereby certify that on [DATE] a true copy of the foregoing Motion, together with all supporting documents, was served upon the [PROSECUTOR’S OFFICE NAME] via [E-COURTS FILING / HAND DELIVERY / EMAIL] in accordance with R. 1:5-2.
[ATTORNEY NAME], Esq.
12. PROPOSED FORM OF ORDER
STATE OF NEW JERSEY SUPERIOR COURT OF NEW JERSEY
v. Law Division, Criminal Part
[DEFENDANT NAME] [COUNTY] County
DOCKET NO.: [NO.]
ORDER RE: MOTION FOR BAIL REDUCTION
This matter having been opened to the Court on motion of [ATTORNEY NAME], Esq., attorney for Defendant, and the State being represented by [ASSISTANT PROSECUTOR NAME], and the Court having considered the papers submitted and the arguments of counsel, and for good cause shown;
IT IS on this ___ day of ____, 20__, ORDERED that:
- Bail is reduced from $[CURRENT BAIL AMOUNT] to $[REQUESTED BAIL AMOUNT] OR converted to non-monetary release with the conditions enumerated below.
- Defendant shall comply with the following conditions of release:
a. [LIST CONDITIONS – mirror § 5] - Upon violation of any condition, the State may move for revocation or modification pursuant to R. 3:26-6.
- All other terms and conditions of release not inconsistent herewith remain in full force.
HON. [JUDGE’S FULL NAME], J.S.C.
[// GUIDANCE: Attach a separate page if additional conditions are required by Pre-Trial Services.]
[// END OF TEMPLATE]