Motion for Bail Reduction - Rhode Island

STATE OF RHODE ISLAND

[SUPERIOR / DISTRICT] COURT

[COUNTY / DIVISION]

Case No. [CASE NUMBER]

MOTION TO REVIEW AND REDUCE BAIL

Defendant [DEFENDANT NAME], through counsel, moves under R.I. Gen. Laws §§ 12-13-1 and 12-13-1.3 and Rule 46 of the applicable Rhode Island Rules of Criminal Procedure for review and reduction of the current bail.

Court-selection note: Use the Superior Court rules for a Superior Court case and for bail proceedings involving an offense within the Superior Court's original jurisdiction. Use the District Court rules for a misdemeanor case within the District Court's jurisdiction. Confirm the correct court, division, electronic-filing procedure, and local calendar practice before filing.

I. PROCEDURAL BACKGROUND

1. Defendant was arrested on [DATE] and charged with [CHARGES AND STATUTES].
2. On [DATE], [COURT / JUDICIAL OFFICER] set [TYPE OF RECOGNIZANCE / SECURITY] in the amount of $[AMOUNT] and imposed [OTHER CONDITIONS].
3. Defendant has failed to post the present bail and has remained in custody since [DATE].
4. Defendant requests [RELEASE WITHOUT SECURITY / REDUCED BAIL OF $___ / CASH OR OTHER SECURITY LESS THAN THE FACE AMOUNT / PRETRIAL RELEASE WITH CONDITIONS].
5. The information supporting review includes [PRETRIAL-SERVICES REPORT / FINANCIAL RECORDS / VERIFIED RESIDENCE / EMPLOYMENT / APPEARANCE HISTORY / TREATMENT OR SUPERVISION PLAN / OTHER EVIDENCE].

II. CURRENT GOVERNING LAW

R.I. Gen. Laws § 12-13-1 provides for release on recognizance with sufficient surety or sureties. If the criminal process does not name a sum, the judicial officer sets a sum deemed reasonable. The recognizance secures appearance, compliance with the court's final order, keeping the peace, and good behavior.

Under § 12-13-1.3(a), a detainee who fails to post bail is eligible for pretrial release or reduced bail unless otherwise provided. Subsection (b) defines pretrial release as release without bail under conditions set by the court to secure the accused's presence and protect community safety.

Section 12-13-1.3(c) directs the Department of Corrections' pretrial investigation to address:

1. Marital status;
2. Dependents;
3. Employment history;
4. Physician care or prescribed medication;
5. Physical or mental conditions affecting behavior;
6. Education;
7. Criminal history and facts bearing on danger to the community;
8. Prior court appearances and appearance or nonappearance;
9. Ties to this and other communities; and
10. Financial resources.

If the Court determines that Defendant is suitable for release on recognizance subject to conditions, § 12-13-1.3(e) authorizes the least onerous condition necessary to assure appearance from the listed forms of field supervision, intensive supervision, or community confinement. Section 12-13-1.3(f) provides that the statute does not preclude court review of bail status at any time.

Rule 46(c) of both the Superior and District Court Rules of Criminal Procedure directs the Court to set terms that will ensure Defendant's presence, considering:

• The nature and circumstances of the charge;
• The weight of the evidence;
• Defendant's financial ability to give bail;
• Defendant's character; and
• The policy against unnecessary detention before trial.

Under Rule 46(d), the Court may require sureties, accept cash, bonds, or other security in an amount equal to or less than the face amount of the recognizance, or release Defendant without security on a written agreement to appear and conditions prescribed to ensure appearance.

III. FACTS SUPPORTING REVIEW

A. Appearance and community ties

• Residence and length of residence: [DETAILS]
• Ties to Rhode Island and other communities: [DETAILS]
• Dependents and family responsibilities: [DETAILS]
• Employment and education: [DETAILS]
• Prior appearance or nonappearance: [DETAILS]
• Proposed supervision and transportation to court: [DETAILS]

Explain why these facts support the requested terms: [ANALYSIS].

B. Financial ability

• Income and employment: [DETAILS]
• Assets and available assistance: [DETAILS]
• Necessary expenses and dependents: [DETAILS]
• Amount and form of security Defendant can provide: [DETAILS]
• Supporting records: [ATTACHMENTS]

The present bail is $[AMOUNT]. Explain why [REQUESTED AMOUNT / SECURITY / RELEASE WITHOUT SECURITY] addresses appearance while accounting for Defendant's financial ability and the policy against unnecessary detention: [ANALYSIS].

C. Charge, evidence, character, and safety

• Nature and circumstances of the charge: [DETAILS]
• Weight of the evidence relevant to bail: [DETAILS]
• Character and criminal history: [DETAILS]
• Physical or mental condition, physician care, and medication: [DETAILS]
• Safety concern identified by the State or Court: [DETAILS]
• Proposed response to that concern: [SUPERVISION / NO CONTACT / TREATMENT / TESTING / RESIDENCE OR TRAVEL CONDITION / OTHER TERM]

Explain why the requested release plan addresses the record: [ANALYSIS].

IV. REQUEST FOR RELIEF

Defendant respectfully requests that the Court:

1. Review Defendant's bail status under § 12-13-1.3(f);
2. Order [PRETRIAL RELEASE / RELEASE WITHOUT SECURITY / REDUCED BAIL OF $___ / OTHER TERMS];
3. Accept [CASH / BOND / OTHER SECURITY] in the amount of $[AMOUNT], if security remains required; and
4. Impose [PROPOSED CONDITIONS] under the applicable statute and rule.

Respectfully submitted,

____________________________________
[ATTORNEY NAME] (Rhode Island Bar No. [NUMBER])
[FIRM / OFFICE]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant

CERTIFICATE OF SERVICE

I certify that on [DATE], a true copy of this Motion and its attachments was served on [ATTORNEY GENERAL / PROSECUTING ATTORNEY / OTHER REQUIRED RECIPIENT] by [METHOD AUTHORIZED BY THE APPLICABLE RULES OR COURT ORDER].

____________________________________
[ATTORNEY NAME]

PROPOSED ORDER

The Court has considered Defendant's Motion, the record, R.I. Gen. Laws §§ 12-13-1 and 12-13-1.3, and Rule 46 of the applicable Rhode Island Rules of Criminal Procedure.

IT IS ORDERED that the Motion is [GRANTED / DENIED].

If granted, Defendant shall be released on [RECOGNIZANCE / TYPE AND AMOUNT OF SECURITY / CONDITIONS].

The Court's findings concerning appearance, financial ability, character, the charge and evidence, unnecessary detention, and community safety are: [FINDINGS].

Date: _______________ _______________________________
[JUDGE]

OFFICIAL SOURCES

• R.I. Gen. Laws § 12-13-1: https://webserver.rilegislature.gov/Statutes/TITLE12/12-13/12-13-1.htm
• R.I. Gen. Laws § 12-13-1.3: https://webserver.rilegislature.gov/Statutes/TITLE12/12-13/12-13-1.3.htm
• Superior Court Rules of Criminal Procedure, Rules 1 and 46 (February 2024): https://www.courts.ri.gov/Courts/superiorcourt/Documents/SuperiorCourtRulesOfCriminalProcedure.pdf
• District Court Rules of Criminal Procedure, Rules 1 and 46 (February 2024): https://www.courts.ri.gov/Courts/districtcourt/Documents/District_Rules_of_Criminal_Procedure.pdf