IN THE DISTRICT COURT OF [COUNTY] COUNTY

STATE OF OKLAHOMA

STATE OF OKLAHOMA,
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

Case No. [CASE NO.]

MOTION TO REDUCE BAIL

AND REQUEST FOR MODIFICATION OF BOND CONDITIONS

[// GUIDANCE: Confirm the judicial division (e.g., “District Court Division IV”) and judge’s name before filing.]

TABLE OF CONTENTS

1. Preliminary Statement ..................................................... 2
2. Procedural History ........................................................ 2
3. Statement of Relevant Facts ............................................... 3
4. Argument & Authorities .................................................... 4
   4.1 Standard for Bail Determination ....................................... 4
   4.2 Factors Warranting Reduction .......................................... 5
   4.3 Proposed Alternative Conditions of Release ............................ 7
5. Prayer for Relief .......................................................... 8
6. Notice of Hearing Request .................................................. 8
7. Conclusion ................................................................. 8
8. Certificate of Service ..................................................... 9
9. Verification ............................................................... 10
10. Proposed Order (Attached) ................................................. 11

1. PRELIMINARY STATEMENT

COMES NOW the Defendant, [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, and respectfully moves this Honorable Court, pursuant to Article II, Section 8 of the Oklahoma Constitution and Okla. Stat. tit. 22, §§ 1101 & 1105 (2023), to reduce the current bail amount of $[CURRENT BAIL AMOUNT] and to modify existing bond conditions. Defendant further requests imposition of reasonable, less-restrictive conditions that will assure both appearance in court and community safety.

2. PROCEDURAL HISTORY

1. On [DATE OF ARREST], Defendant was arrested on allegations of [CHARGE(S)], a [FELONY/MISDEMEANOR] offense(s).
2. Bail was initially set at $[INITIAL BAIL] by [MAGISTRATE/ARRESTING COURT] on [DATE].
3. Defendant is currently detained in the [NAME OF JAIL] and has remained in continuous custody since [DATE].
4. No trial date has been set. An arraignment/initial appearance occurred on [DATE]; a preliminary hearing is scheduled for [DATE].
5. This Motion is timely under Okla. Stat. tit. 22, § 1105, which authorizes application to the District Court “at any time before indictment or information is filed, or afterward for good cause shown” for bail review.

[// GUIDANCE: Adapt paragraph 5 if an Information has already been filed; §1105 permits post-Information review “for good cause.”]

3. STATEMENT OF RELEVANT FACTS

(Provide concise, record-supported facts demonstrating: minimal criminal history, strong community ties, employment, family responsibilities, medical issues, cooperation with law enforcement, lack of flight risk, etc.)

Example placeholders:

• Defendant is a lifelong resident of [CITY, OK], residing at [ADDRESS] for the past [X] years.
• Defendant is employed full-time as a [OCCUPATION] with [EMPLOYER] earning $[AMOUNT] per [WEEK/MONTH].
• Defendant supports [NUMBER] dependents, including [RELATIONSHIPS], who rely on Defendant’s income.
• Defendant surrendered voluntarily and has no prior failures to appear.
• Defendant suffers from [MEDICAL CONDITION], requiring ongoing treatment unavailable or inadequate in custody.

4. ARGUMENT & AUTHORITIES

4.1 Standard for Bail Determination in Oklahoma

1. Oklahoma law presumes that “all persons shall be bailable by sufficient sureties,” absent capital offenses where “the proof is evident or the presumption great.” Okla. Const. art. II, § 8.
2. Under Okla. Stat. tit. 22, § 1101 (2023), bail must be “reasonable” and “not excessive.”
3. Section 1105 provides that the District Court, upon application, “shall order a hearing” to determine whether bail should be lowered, considering factors bearing on appearance and public safety.

[// GUIDANCE: Some counties incorporate local administrative orders identifying specific factors; verify and cite if certain.]

4.2 Factors Warranting Reduction

The following statutory and constitutional factors militate in favor of a bail reduction for Defendant:

a. Nature and Circumstances of the Offense
• The alleged conduct is [NON-VIOLENT / VIOLENT]; maximum sentence exposure is [YEARS].
• No firearm or weapon is alleged.
• Co-defendants, if any, have been granted lower bail.

b. Weight of the Evidence
• Preliminary discovery reveals [WEAK/CONTESTED] eyewitness testimony.
• No physical evidence directly links Defendant to the offense.

c. Defendant’s Community Ties
• Long-term residence, stable employment, and family obligations tie Defendant to [COUNTY].

d. Criminal History
• Defendant’s record shows [NO / MINIMAL] prior convictions and [ZERO] failures to appear.

e. Financial Resources
• The current bail equals approximately [X] times Defendant’s annual income and is therefore constitutionally excessive given Defendant’s means.

f. Risk to the Community
• No allegations of threats or violence toward potential witnesses.
• Defendant agrees to comply with any protective orders or “no contact” directives.

g. Alternatives to Monetary Bail
• Electronic monitoring, scheduled reporting, drug testing, and/or curfew can reasonably mitigate any residual risk.

[// GUIDANCE: Tailor each factor; attach exhibits—pay stubs, character letters, medical records—under a separate “Defendant’s Exhibits” index.]

4.3 Proposed Alternative Conditions of Release

Pursuant to Okla. Stat. tit. 22, § 1107 (2023) (authorizing “reasonable conditions”), Defendant proposes:

1. Personal recognizance or bail reduction to $[REQUESTED BAIL];
2. Weekly in-person or telephonic check-ins with [PRETRIAL SERVICES];
3. GPS/electronic monitoring at Defendant’s expense (if financially feasible);
4. Surrender of passport and travel restricted to [COUNTY/STATE];
5. Compliance with any existing protective orders;
6. Abstention from possession of firearms and controlled substances without prescription;
7. Immediate notification to the Court and District Attorney’s Office of any change in residence or employment.

These conditions are narrowly tailored, satisfy the “least restrictive means” doctrine, and sufficiently assure Defendant’s appearance and public safety.

5. PRAYER FOR RELIEF

WHEREFORE, premises considered, Defendant respectfully requests that this Court:

1. Conduct a bail reduction hearing at the earliest practicable date;
2. Reduce bail from $[CURRENT BAIL AMOUNT] to $[REQUESTED BAIL] or, in the alternative, release Defendant on personal recognizance;
3. Impose the alternative bond conditions identified in Section 4.3 above; and
4. Grant such other and further relief as the Court deems just and proper.

6. NOTICE OF HEARING REQUEST

Pursuant to Okla. Stat. tit. 22, § 1105, Defendant requests the Court set this Motion for hearing on [DATE & TIME REQUESTED], or at the Court’s earliest convenience, and provide notice to all parties.

7. CONCLUSION

The U.S. and Oklahoma Constitutions prohibit excessive bail. The record establishes that the current bail is punitive rather than preventive and exceeds what is necessary to assure Defendant’s appearance and protect the community. Accordingly, a reduction—or release on recognizance with appropriate conditions—is both lawful and just.

Respectfully submitted this [DAY] day of [MONTH, YEAR].

[ATTORNEY NAME] | OBA No. [#####]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR DEFENDANT

8. CERTIFICATE OF SERVICE

I hereby certify that on this [DATE], a true and correct copy of the foregoing Motion was served by [METHOD: hand-delivery / email / E-Filing] upon:

[ASSISTANT DISTRICT ATTORNEY NAME]
Office of the District Attorney
[ADDRESS / EMAIL]

[ATTORNEY NAME]

9. VERIFICATION

I, [DEFENDANT NAME], being first duly sworn, state under penalty of perjury that I have read the foregoing Motion, know the contents thereof, and that the factual statements contained herein are true and correct to the best of my knowledge, information, and belief.

[DEFENDANT NAME]
Defendant

Subscribed and sworn before me on this [DATE].

Notary Public
My Commission Expires: ______

10. PROPOSED ORDER

(Submit as a separate document if required by local rules.)

IN THE DISTRICT COURT OF [COUNTY] COUNTY, STATE OF OKLAHOMA
STATE OF OKLAHOMA v. [DEFENDANT NAME] | Case No. [CASE NO.]

ORDER GRANTING MOTION TO REDUCE BAIL

Having reviewed Defendant’s Motion, heard argument of counsel, and being fully advised in the premises, the Court FINDS and ORDERS as follows:

1. The Motion is GRANTED.
2. Bail is reduced to $[GRANTED BAIL].
3. Defendant shall comply with the following conditions:
   a. ─────────────────────────────────────────
   b. ─────────────────────────────────────────
   c. ─────────────────────────────────────────
4. Upon posting of the reduced bail and signing of the bond, the Sheriff of [COUNTY] County shall immediately release Defendant.
5. All prior orders not inconsistent herewith remain in full force and effect.

IT IS SO ORDERED this _ day of _, 20.

JUDGE OF THE DISTRICT COURT

[seal]

[// GUIDANCE: Attach this Proposed Order as a stand-alone document if the court’s e-filing system requires .doc or PDF uploads.]