Motion for Bail Reduction - Oregon

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [COUNTY]

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

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1. INTRODUCTION & RELIEF REQUESTED

Pursuant to ORS 135.285, 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 ORS 135.245(3), if the Court decides to release the defendant or to set security, it must impose the least onerous condition reasonably likely to ensure the safety of the public and the victim and the [defendant’s] later appearance. A defendant otherwise entitled to release must be released on personal recognizance unless the release criteria show that recognizance release is unwarranted. Only upon finding recognizance release unwarranted does the Court consider conditional release under ORS 135.260, and only after determining conditional release is unwarranted may it consider security release under ORS 135.265. ORS 135.245(3)–(4).
B. Modification of a release decision is expressly authorized by ORS 135.285: “If circumstances concerning the defendant’s release change, the court, on its own motion or upon request by the district attorney or defendant, may modify the release agreement or the security release.”
C. Bail may not be excessive. U.S. Const. amend. VIII; Or. Const. art. I, § 16. Offenses other than murder and treason are bailable by sufficient sureties. Or. Const. art. I, § 14.

4. ARGUMENT

A. Statutory Bail / Release Criteria

In making a release decision the magistrate gives priority to the primary release criteria and also weighs the secondary release criteria, both defined in ORS 135.230.

The primary release criteria (ORS 135.230(7)) include:

1. The reasonable protection of the victim or public;
2. The nature of the current charge;
3. The defendant’s prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required;
4. Any facts indicating the possibility of violations of law if the defendant is released without regulations; and
5. Any other facts tending to indicate that the defendant is likely to appear.

The secondary release criteria (ORS 135.230(11)) include:

1. The defendant’s employment status and history and financial condition;
2. The nature and extent of the family relationships of the defendant;
3. The past and present residences of the defendant;
4. Names of persons who agree to assist the defendant in attending court at the proper time; and
5. Any facts tending to indicate that the defendant has strong ties to the community.

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-onerous conditional-release measures pursuant to ORS 135.260(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 135.285 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

(executed under penalty of perjury under the laws of the State of Oregon)

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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