[COURT NAME—e.g., CRIMINAL COURT FOR _ COUNTY, TENNESSEE]
STATE OF TENNESSEE v. [DEFENDANT FULL LEGAL NAME]
Case No.: [____]
DEFENDANT’S MOTION FOR REDUCTION OF BAIL
[// GUIDANCE: Insert the precise court designation used locally (e.g., “In the Criminal Court for Shelby County, Tennessee, Division ___”).]
TABLE OF CONTENTS
- Document Header ...................................................................................... 2
- Definitions ...................................................................................................... 3
- Operative Provisions .................................................................................. 4
- Representations & Warranties / Verification ........................................ 7
- Bail Conditions & Risk Mitigation ........................................................... 8
- Governing Law, Venue & Miscellaneous ............................................... 9
- Execution Block ........................................................................................ 10
- Certificate of Service ................................................................................. 11
- Proposed Order (Exhibit A) ...................................................................... 12
1. DOCUMENT HEADER
1.1 Title. This Motion (“Motion”) is submitted on behalf of [DEFENDANT NAME] (“Defendant”) by and through undersigned counsel, pursuant to Tenn. R. Crim. P. 46, Tenn. Code Ann. §§ 40-11-115, 40-11-118, and Article I, § 15 of the Tennessee Constitution, seeking a reduction of the currently imposed bail.
1.2 Parties & Procedural Posture.
a. The State of Tennessee (“State”) is the prosecuting authority.
b. Defendant is charged with [SPECIFY OFFENSE(S)], a [felony/misdemeanor] allegedly committed on or about [DATE].
c. At the [arraignment/bond hearing] on [DATE], bail was set at $[AMOUNT].
d. Defendant has remained [in custody/out on bond] since [DATE].
1.3 Jurisdiction & Venue. This Court has jurisdiction under Tenn. Code Ann. § 40-1-108 and venue is proper pursuant to Tenn. Code Ann. § 40-1-104.
1.4 Hearing Requested. Pursuant to Tenn. R. Crim. P. 46(d), Defendant respectfully requests a prompt hearing on this Motion.
2. DEFINITIONS
“Bail” – Security required and given for the release of a person in custody that is conditioned on the person’s appearance before the court.
“Cash Bond” – Money posted in lieu of surety or property bond.
“Indigence” – The inability to pay the amount of bail without substantial hardship, determined in accordance with Tenn. Sup. Ct. R. 13 § 1.
“Surety” – A person or professional bonding company agreeing to be responsible for Defendant’s appearance.
[// GUIDANCE: Add or delete definitions based on the facts of the case.]
3. OPERATIVE PROVISIONS
3.1 Legal Standard.
a. Excessive bail is prohibited under Tenn. Const. art. I, § 15.
b. When determining the amount or form of bail, the Court must consider the factors enumerated in Tenn. Code Ann. § 40-11-118(a), including but not limited to:
i. The defendant’s length of residence in the community;
ii. Employment status and financial ability;
iii. Family ties and relationships;
iv. Prior criminal record;
v. Nature of the offense and apparent probability of conviction;
vi. Potential sentence;
vii. Risk to public safety; and
viii. Flight risk.
3.2 Statement of Facts in Support of Reduction.
a. Community Ties. Defendant has resided at [ADDRESS] for [NUMBER] years and lives with [FAMILY MEMBERS].
b. Employment and Financial Condition. Defendant is [EMployed at/Unemployed due to] [EMPLOYER] with a weekly income of $[AMOUNT]. The current bail equates to approximately [X] weeks of net income, rendering it unaffordable and therefore punitive.
c. Criminal History. Defendant’s record consists of [no prior felony convictions/minor misdemeanor conviction(s) dated ______].
d. Nature of the Charges. The alleged offense is [non-violent/first-time/drug-related]; no allegations suggest actual violence or threat of violence.
e. Conduct Since Arrest. Defendant has [complied with prior conditions / surrendered voluntarily / cooperated with investigators].
f. Availability of Less Restrictive Alternatives. Electronic monitoring, weekly reporting, or a recognizance bond will reasonably assure appearance and protect public safety.
3.3 Requested Relief. Defendant respectfully moves the Court to:
a. Reduce bail to $[REQUESTED AMOUNT]; or
b. In the alternative, convert the existing bail to an unsecured appearance bond or supervised release under reasonable non-financial conditions specified in Section 5 below.
3.4 Hearing Logistics. Defendant requests that the hearing be set on [NEXT AVAILABLE DOCKET DATE] and that the Sheriff’s Department be ordered to produce Defendant in court.
4. REPRESENTATIONS & WARRANTIES / VERIFICATION
4.1 Counsel’s Certification. Undersigned counsel certifies, pursuant to Tenn. R. Crim. P. 12.4(a), that this Motion:
a. Is filed in good faith and not for the purpose of delay;
b. Is grounded in fact and warranted by existing law or a good-faith argument for its extension or modification; and
c. Complies with all applicable word-count or page-limit rules.
4.2 Defendant’s Verification. Defendant affirms under penalty of perjury that the factual statements contained herein are true and correct to the best of Defendant’s knowledge and belief.
[// GUIDANCE: Some Tennessee judges require a separate notarized affidavit; insert if local practice demands.]
5. BAIL CONDITIONS & RISK MITIGATION
If the Court grants this Motion, Defendant agrees to the following conditions (collectively, “Conditions”):
1. Appear at all court proceedings as noticed.
2. Notify the clerk and counsel within 24 hours of any change of address or telephone number.
3. Refrain from contact—direct or indirect—with any alleged victim or potential witness, except through counsel.
4. Submit to electronic GPS monitoring at Defendant’s expense if ordered by the Court.
5. Abstain from possession of firearms or dangerous weapons during the pendency of this case.
6. Comply with random drug testing as reasonably required.
[// GUIDANCE: Tailor conditions to specific allegations and the judge’s customary requirements.]
6. GOVERNING LAW, VENUE & MISCELLANEOUS
6.1 Governing Law. This Motion is governed by the Constitution of the United States, the Constitution of Tennessee, Tennessee statutory law—including Tenn. Code Ann. §§ 40-11-101 et seq.—and the Tennessee Rules of Criminal Procedure.
6.2 Venue & Forum Selection. Any dispute relating to the enforcement of the Conditions shall be heard exclusively in this Court.
6.3 Reservation of Rights. Defendant reserves all other rights, defenses, and objections available under law and equity.
7. EXECUTION BLOCK
Respectfully submitted this ___ day of ____, 20__.
[ATTORNEY NAME] (BPR #______)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant
[DEFENDANT NAME]
Defendant
[// GUIDANCE: Remove Defendant signature line if local rules discourage or prohibit defendant signatures on motions filed through counsel.]
8. CERTIFICATE OF SERVICE
I certify that a true and exact copy of the foregoing Motion was delivered via [method of service—e.g., e-filing system, hand-delivery, or email] to the Office of the District Attorney General for [COUNTY] on this ___ day of ____, 20__.
[ATTORNEY NAME]
9. PROPOSED ORDER (EXHIBIT A)
[COURT NAME]
STATE OF TENNESSEE v. [DEFENDANT NAME] Case No. [______]
ORDER ON MOTION FOR REDUCTION OF BAIL
Upon consideration of Defendant’s Motion for Reduction of Bail, the record, arguments of counsel,
and the factors set forth in Tenn. Code Ann. § 40-11-118, it is hereby:
[ ] GRANTED. Bail is reduced to $_, subject to the Conditions enumerated below.
[ ] GRANTED IN PART. Bail is modified as follows: ____.
[ ] DENIED.
If granted or granted in part, Defendant shall:
- Appear at all court settings;
- Immediately notify the Court of any change of residence;
- _________;
- _________.
IT IS SO ORDERED.
_____ Dated: ____
[JUDGE NAME]
Judge of the [COURT NAME]
[// GUIDANCE: Some judges prefer separate PDF orders; ensure compliance with local e-filing formatting.]