Motion for Bail Reduction - Virginia

DEFENDANT’S MOTION FOR REDUCTION OF BAIL

IN THE [GENERAL DISTRICT / CIRCUIT] COURT OF [CITY / COUNTY], VIRGINIA

Case No.: [________________________________]

Defendant, by counsel, asks this Court to reduce bail or modify release conditions in the pending case. This request is ☐ a request to reconsider bail in the court handling the case under Va. Code §§ 19.2-121 and 19.2-123, or ☐ an appeal of a prior bail decision under Va. Code § 19.2-124. Defendant requests a hearing and states:

1. Decision and Review Route

1. Defendant is charged with [OFFENSES AND CODE SECTIONS]. The case is pending in [COURT]. The next hearing is [DATE].
2. On [DATE], [MAGISTRATE / CLERK / JUDGE AND COURT] ☐ denied bail ☐ set a $[________] [SECURED / UNSECURED] bond ☐ imposed these contested conditions: [________________________________]. A copy of that order is attached as Exhibit [____].
3. Defendant is now ☐ held at [FACILITY] ☐ released under the existing order. The change since the earlier decision, if any, is [________________________________].
4. If this is an appeal, identify the route under § 19.2-124(A): ☐ a magistrate, clerk, or deputy clerk decided a warrant or district-court-capias charge, and this is the district court where it is pending; ☐ that officer decided a direct-indictment, presentment, or circuit-court-capias charge, and this is the circuit court where it is pending; ☐ the charge moved from district to circuit court, and this is the circuit court where it is pending; ☐ this is an appeal from a judge to the next higher court permitted by law. Explain any other route: [________________________________].

2. Facts Relevant to Bail

The Court should consider the following facts and attached proof under Va. Code §§ 19.2-120(C) and 19.2-121(A). Complete the applicable entries; do not assume that any single factor controls.

Defendant proposes these facts about appearance and safety: [________________________________]. Supporting declarations or records are attached as Exhibits [____].

3. Legal Basis

Va. Code § 19.2-120(B) directs admission to bail unless there is probable cause to believe that the person will not appear when directed or that liberty will create an unreasonable danger to the person, family or household members, or the public. Subsection (C) directs the judicial officer to consider all relevant information, including the factors addressed above.

If bail is granted, § 19.2-121(A) calls for terms reasonably fixed to ensure appearance and good behavior pending trial. It expressly includes financial resources and ability to pay bond among the matters to consider. Section 19.2-123(A) permits a judicial officer to combine lawful release conditions, including an unsecured bond, a secured bond, supervision, travel restrictions, and other conditions reasonably necessary for appearance and good behavior. Section 19.2-124(A) supplies the appeal route selected in Section 1 when the challenged decision denied bail, required excessive bond, or fixed unreasonable recognizance terms.

The present order should be changed because [APPLY THE VERIFIED FACTS TO THE APPEARANCE AND DANGER FINDINGS, THE AMOUNT, OR THE CONDITIONS]:

[____________________________________________________________]

[____________________________________________________________]

4. Relief Requested

Defendant asks the Court to hold a hearing and enter the attached proposed order:

• ☐ Release on personal recognizance or an unsecured bond of $[________].
• ☐ Reduce the secured bond to $[________], after considering Defendant’s ability to pay.
• ☐ Replace or modify the following condition: [________________________________].
• ☐ Impose these tailored conditions under § 19.2-123(A): ☐ report to an available pretrial services agency ☐ specified travel limits ☐ no contact with [NAME] ☐ surrender passport ☐ other lawful condition: [________________________________].
• ☐ Grant other relief supported by the record: [________________________________].

Defendant requests a hearing on [DATE] or the earliest date the Court permits. Counsel estimates [____] minutes and asks that Defendant be produced or allowed to appear as the Court directs.

Respectfully submitted on [__/__/____].

Counsel for Defendant: _________________________________

Printed name and VSB No.: [________________________________]

Address: [________________________________]

Telephone and email: [________________________________]

Certificate of Service

I certify that on [__/__/____], on or before filing, I served this motion and its attachments on each counsel of record, including the Commonwealth’s Attorney, by ☐ delivery ☐ same-day or next-day commercial delivery ☐ facsimile ☐ mail ☐ electronic mail permitted by Rule 1:12 and Rule 1:17 or the recipient’s signed written consent. The recipients, addresses, and methods were: [________________________________]. If service was by electronic mail, I also mailed or faxed this certificate to each counsel of record on or before the service date.

Counsel’s signature: _________________________________

PROPOSED ORDER

IN THE [GENERAL DISTRICT / CIRCUIT] COURT OF [CITY / COUNTY], VIRGINIA

Case No.: [________________________________]

The Court considered Defendant’s Motion for Reduction of Bail, the record, and the parties’ submissions. It is ORDERED that the motion is GRANTED. Effective [DATE AND TIME]:

1. Bail is set at $[________], ☐ unsecured ☐ secured by [________________________________] ☐ personal recognizance.
2. The following conditions apply: [________________________________].
3. The prior bail order dated [__/__/____] is modified only to the extent stated here. All other conditions ☐ remain in force ☐ are replaced by this order.
4. The clerk shall provide the order to the parties and, if Defendant remains in custody, to [FACILITY] for implementation subject to execution of any required bond and satisfaction of the stated conditions.

ENTERED: [__/__/____] at [TIME]

_________________________________

Judge