[COURT NAME]

[CITY/COUNTY], VIRGINIA

Commonwealth of Virginia
v.
[DEFENDANT’S FULL LEGAL NAME], Defendant.

Criminal Case No. [__]

DEFENDANT’S MOTION FOR REDUCTION OF BAIL

(Va. Code §§ 19.2-120, -123 & -124)

[// GUIDANCE: Insert the motion behind the court-approved cover sheet if your local rules require one.]

I. DOCUMENT HEADER

1. Movant: [DEFENDANT’S FULL LEGAL NAME] (“Defendant”).
2. Respondent: Commonwealth of Virginia (“Commonwealth”).
3. Relief Requested: Entry of an order reducing the amount of bail and/or modifying bond conditions to allow Defendant’s prompt pre-trial release.
4. Jurisdiction & Venue: This Court has jurisdiction under Va. Code § 19.2-120 and venue is proper because the underlying prosecution is pending in this Court.
5. Requested Hearing Date: [REQUESTED HEARING DATE], or as soon thereafter as counsel may be heard.

II. DEFINITIONS

For purposes of this Motion the following terms have the meanings set forth below:

“Bail Factors” – the statutory considerations enumerated in Va. Code § 19.2-120(B).
“Bond Conditions” – any conditions of release permissible under Va. Code § 19.2-123.
“Pre-Trial Services Agency” – the agency designated by this Court to supervise released defendants.

[// GUIDANCE: Add or delete defined terms to correspond with your factual narrative.]

III. OPERATIVE PROVISIONS

1. Procedural Posture

(a) Defendant was arrested on [ARREST DATE] and is currently charged with [LIST CHARGES] under [CITE STATUTES].
(b) On [INITIAL BAIL DATE] the magistrate/court set bail at $[AMOUNT] secured by [TYPE OF BOND].
(c) Pursuant to Va. Code § 19.2-124(A), Defendant now moves this Court to reconsider and reduce bail.

2. Statement of Material Facts

(a) Community Ties: Defendant has resided at [ADDRESS] for [NUMBER] years with [RELATIONSHIP].
(b) Employment: Defendant is gainfully employed as [POSITION] by [EMPLOYER] since [DATE].
(c) Family Obligations: Defendant supports [DEPENDENTS] who rely on Defendant’s income.
(d) Criminal History: Defendant’s prior record consists of [NONE / MINOR OFFENSES / DESCRIBE].
(e) Flight Risk Mitigation: Defendant agrees to surrender passport, obey travel restrictions, and report as directed.
(f) Public Safety: There is no evidence that Defendant poses a danger to any person or the public at large.

3. Legal Standard

Under Va. Code § 19.2-120(A), “a person shall be admitted to bail unless there is probable cause to believe that no combination of conditions will reasonably assure (i) the appearance of the accused and (ii) the safety of the public.”
The Court must weigh the Bail Factors, including but not limited to: nature of the charges, weight of the evidence, ties to the community, employment, criminal record, and mental condition. Va. Code § 19.2-120(B).

IV. REPRESENTATIONS & WARRANTIES

[Intentionally Omitted—Not applicable to a motion practice document.]

V. COVENANTS & RESTRICTIONS

1. If released, Defendant covenants to:
   a. Appear at all scheduled court proceedings;
   b. Abstain from criminal activity;
   c. Comply with all Bond Conditions imposed by the Court; and
   d. Submit to supervision by the Pre-Trial Services Agency, including electronic monitoring if ordered.

VI. DEFAULT & REMEDIES

[Intentionally Omitted—Matters of forfeiture and revocation are governed by Va. Code § 19.2-128 and do not require additional contractual remedies.]

VII. RISK ALLOCATION

(Not Applicable—Indemnification and liability caps do not pertain to bail motions.)

VIII. DISPUTE RESOLUTION

Governing Law: This Motion is governed by Virginia criminal procedure, principally Va. Code §§ 19.2-120 et seq.

Forum Selection: Exclusive jurisdiction lies with this Court pursuant to Va. Code § 19.2-124.

Arbitration / Jury Waiver: Not applicable to pre-trial bail determinations.

Injunctive Relief: Defendant seeks immediate injunctive relief in the form of a modified bail order permitting pre-trial release.

IX. GENERAL PROVISIONS

1. Amendment and Waiver: Any modification of this Motion or the relief requested shall be by written order of this Court.
2. Severability: If any portion of the requested relief is found invalid, the remainder shall remain in full force to the extent permissible under law.
3. Integration Clause: This Motion, supporting memorandum, and any exhibits constitute the entire submission on the issue of bail reduction.
4. Electronic Signatures: Pursuant to Rule 1:17, a digital or facsimile signature shall be deemed an original.

X. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Honorable Court:

1. Conduct a bail review hearing pursuant to Va. Code § 19.2-124;
2. Reduce Defendant’s bail to $[NEW AMOUNT] unsecured OR convert bail to a personal recognizance bond;
3. Impose only those Bond Conditions necessary to ensure Defendant’s appearance and public safety, specifically:
   a. Supervision by Pre-Trial Services;
   b. Travel restricted to [GEOGRAPHIC LIMITS];
   c. [OTHER CONDITIONS, IF ANY]; and
4. Grant such further relief as equity and justice may require.

Respectfully submitted this ___ day of _, 20.

XI. EXECUTION BLOCK

[ATTORNEY NAME], VSB No. [__]
Counsel for Defendant
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

[// GUIDANCE: Some Virginia circuits require a separate “NOTICE OF HEARING,” “CERTIFICATE OF SERVICE,” or “ENDORSEMENT WAIVER.” Add those pages here as local practice dictates.]

PROPOSED ORDER

[// GUIDANCE: File the Proposed Order as a separate pleading if required.]

In the [COURT NAME] of [CITY/COUNTY], Virginia
Commonwealth v. [DEFENDANT’S NAME]
Case No. [__]

Upon consideration of Defendant’s Motion for Reduction of Bail, the arguments of counsel, and the record herein, it is this ___ day of _, 20, hereby

ORDERED that the Motion is GRANTED; and it is further

ORDERED that Defendant’s bail is set at $[NEW AMOUNT] [UNSECURED / SECURED BY ____]; and it is further

ORDERED that Defendant shall be released forthwith upon execution of the above-described bond and compliance with the following conditions:
1. Report to Pre-Trial Services as directed;
2. Restrict travel to [GEOGRAPHIC LIMITS] unless otherwise permitted by the Court;
3. Abstain from criminal conduct;
4. [ADDITIONAL CONDITIONS, IF ANY].

The Clerk shall forward a certified copy of this Order to the Superintendent of the [LOCAL JAIL] and to the Pre-Trial Services Agency for immediate implementation.

ENTER:

Judge

We ask for this:

SEEN AND AGREED:

[COMMONWEALTH ATTORNEY NAME]
Counsel for the Commonwealth

[DEFENSE ATTORNEY NAME]
Counsel for Defendant

[// GUIDANCE: Ensure all factual assertions in your final filing are supported by affidavit, testimony, or proffer as required under local practice. Attach exhibits—pay stubs, proof of residence, letters of support—in a separately-tabbed appendix.]