Motion for Bail Reduction

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [COUNTY]

STATE OF OREGON, )
Plaintiff, )
) Case No. [CASE NUMBER]
v. )
) MOTION FOR ORDER REDUCING
[DEFENDANT FULL LEGAL NAME], ) SECURITY AMOUNT AND
Defendant. ) AMENDING CONDITIONS OF RELEASE
)

TABLE OF CONTENTS

1. Introduction & Relief Requested.............................................. 2
2. Procedural History........................................................... 2
3. Legal Standard................................................................ 3

4. Argument...................................................................... 3
   A. Statutory Bail/Release Criteria.......................................... 3
   B. Application of Factors to Defendant...................................... 4
   C. Constitutional Considerations........................................... 6
   D. Proposed Alternative Conditions......................................... 6

5. Conclusion & Prayer for Relief............................................... 7

6. Certification of Counsel..................................................... 8
7. Certificate of Service....................................................... 9
8. [Optional] Declaration of Defendant..........................................10
9. [Proposed] Order.............................................................12

Page numbers will self‐adjust during final formatting.

1. INTRODUCTION & RELIEF REQUESTED

Pursuant to ORS 135.265(4), Or. Const. art. I, §§ 14 & 16, and the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Defendant [DEFENDANT NAME] (“Defendant”) respectfully moves this Court for an Order:

1. Reducing the current security amount from $[CURRENT AMOUNT] to $[REQUESTED AMOUNT], or such lesser amount as the Court deems just; and
2. Amending the existing release order to include the alternative non-financial conditions set forth in Section 4.D., infra.

2. PROCEDURAL HISTORY

1. On [DATE OF ARREST], Defendant was arrested and charged by [Information/Indictment] with [LIST CHARGES] in violation of [STATUTES].
2. At the initial appearance on [DATE], the Court set security in the amount of $[CURRENT AMOUNT].
3. Defendant remains in custody at the [NAME] Jail unable to post security.

4. Since the initial appearance, material circumstances have changed, including:
   a. [New employment offer / verified community ties / medical issues];
   b. [Completion of substance-abuse assessment]; and
   c. [Availability of third-party custodian / GPS monitoring].

5. No trial date has yet been set / Trial is currently scheduled for [DATE].

3. LEGAL STANDARD

A. Under Or. Rev. Stat. § 135.245(3) (2023), the Court shall consider the least restrictive form of release reasonably likely to ensure the defendant’s appearance and community safety.
B. Modification of a release decision is expressly authorized by Or. Rev. Stat. § 135.265(4) (2023).
C. Bail may not be excessive. U.S. Const. amend. VIII; Or. Const. art. I, § 16.

4. ARGUMENT

A. Statutory Bail / Release Criteria

ORS 135.245(3) directs the Court to weigh:

1. The nature and circumstances of the offense;
2. The defendant’s criminal record;
3. The defendant’s ties to the community, including employment, family, and length of residence;
4. The defendant’s past compliance with court orders;
5. Any history of flight or failure to appear;
6. The defendant’s financial circumstances and ability to post security; and
7. Public safety, including the victim’s safety.

B. Application of Factors to Defendant

1. Ties to Community. Defendant has resided in [CITY], Oregon, for [NUMBER] years, supports [FAMILY MEMBERS], and recently secured full-time employment with [EMPLOYER NAME].
2. Criminal History. Defendant’s prior record is limited to [DESCRIPTION] and shows no history of violent conduct or failures to appear.
3. Nature of Offense. The current charge is [CHARGE], which is [CLASSIFICATION]; the alleged conduct, while serious, did not involve a firearm or physical injury.
4. Past Court Compliance. Defendant has appeared at all prior court dates in [PRIOR CASES] and successfully completed probation in [YEAR].
5. Financial Circumstances. Defendant’s monthly income of $[AMOUNT] is insufficient to secure the existing bail; continued detention jeopardizes both employment and family stability.
6. Community Safety. Pretrial Services has assessed Defendant as [LOW/MODERATE] risk (see attached [RISK ASSESSMENT]), and no specific threats to any individual have been alleged.

C. Constitutional Considerations

1. Excessive Bail. Given Defendant’s inability to pay, the present amount operates as a de facto denial of bail, contravening Or. Const. art. I, § 16.
2. Due Process. Continued detention without individualized consideration of ability to pay violates the Fourteenth Amendment.

D. Proposed Alternative Conditions of Release

Defendant proposes the following less-restrictive measures pursuant to ORS 135.250(1):
a. Execute a Release Agreement promising appearance (non-financial).
b. Submit to GPS/electronic monitoring administered by [AGENCY] at Defendant’s expense of $[COST]/week.
c. Abstain from [ALCOHOL / CONTROLLED SUBSTANCES] and submit to random testing.
d. Comply with a no-contact order with [ALLEGED VICTIM] pursuant to ORS 135.250(2)(a).
e. Maintain full-time employment and report weekly to Pretrial Services.
f. Reside with third-party custodian [NAME / ADDRESS], who agrees to supervise Defendant and immediately report any violations.

5. CONCLUSION & PRAYER FOR RELIEF

For the foregoing reasons, Defendant respectfully requests that this Court:

1. Set security in the amount of $[REQUESTED AMOUNT] (or, in the alternative, release Defendant on recognizance); and
2. Adopt the alternative non-financial conditions listed in Section 4.D.

6. CERTIFICATION OF COUNSEL

I, [ATTORNEY NAME], OSB No. [NUMBER], certify that:

1. I have conferred with the prosecuting attorney regarding this motion per UTCR 4.050; the State [objects / does not object / takes no position].
2. A copy of this motion and all supporting documents was served on the District Attorney for [COUNTY] on [DATE] in compliance with ORS 135.265(4) and ORCP 9.

Dated: [DATE] Respectfully submitted,

_______________________________
[ATTORNEY NAME] (OSB No. [NUMBER])
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Defendant [DEFENDANT NAME]

7. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused a true and correct copy of the foregoing Motion, together with all supporting documents, to be served on:

• [NAME], Deputy District Attorney, by [ECF / hand delivery / e-mail].

_______________________________
[ATTORNEY NAME]

8. [OPTIONAL] DECLARATION OF DEFENDANT

(ORS 40.020 et seq.; executed under penalty of perjury)

I, [DEFENDANT NAME], declare:

1. I am the Defendant in the above-captioned matter.
2. I have reviewed the foregoing Motion and affirm that the factual statements contained therein are true and correct to the best of my knowledge.
3. If released under the proposed conditions, I will appear at all court proceedings and comply with every condition imposed by the Court.

I declare under the laws of the State of Oregon that the foregoing is true and correct.

Executed this [DATE] at [CITY], Oregon.

_______________________________
[DEFENDANT NAME]

9. [PROPOSED] ORDER

Based on the Motion, the records and files herein, and the arguments of counsel:

IT IS HEREBY ORDERED that:

1. The security amount previously set at $[CURRENT AMOUNT] is reduced to $[NEW AMOUNT].
2. Defendant shall be released upon posting the above security or, in the alternative, shall be released on recognizance subject to the following conditions:
   a. Comply with all terms listed in Section 4.D. of the Motion, incorporated herein by reference; and
   b. Any additional conditions stated on the record.

SO ORDERED this _____ day of __________, 20___.

_______________________________
JUDGE [NAME]
Circuit Court Judge
[COUNTY] County, Oregon

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