MOTION FOR BAIL REDUCTION

(Wisconsin State Criminal Court Template)

[// GUIDANCE: This template is drafted for use in any Wisconsin Circuit Court criminal matter. All bracketed terms must be customized before filing. Remove all guidance comments prior to submission.]

TABLE OF CONTENTS

1. Document Header / Caption
2. Notice of Motion and Motion
3. Memorandum of Law & Fact
   3.1 Introduction
   3.2 Procedural History
   3.3 Statement of Relevant Facts
   3.4 Applicable Legal Standards
   3.5 Argument
   3.6 Requested Relief
4. Proposed Order (separate page)
5. Certificate of Service

1. DOCUMENT HEADER / CAPTION

STATE OF WISCONSIN )
CIRCUIT COURT ) CRIMINAL DIVISION
[COUNTY] COUNTY )

STATE OF WISCONSIN, )
Plaintiff, )
) Case No.: [YY–CF–####]
v. )
) [Hon. __, Branch _]
[DEFENDANT FULL LEGAL NAME], )
Defendant. )

MOTION FOR BAIL REDUCTION

(Date of Filing: [MM/DD/YYYY])

2. NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that on [DATE], at [TIME] a.m./p.m., or as soon thereafter as counsel may be heard, the Defendant, by and through undersigned counsel, will move this Honorable Court, pursuant to Wis. Stat. §§ 969.01–969.03, Article I, § 8(2) of the Wisconsin Constitution, and the Eighth Amendment to the United States Constitution, for an order reducing the current bail and modifying the conditions of release as set forth herein.

3. MEMORANDUM OF LAW & FACT

3.1 Introduction

Defendant respectfully submits that the present bail amount of $[CURRENT AMOUNT] is constitutionally and statutorily excessive in light of (a) the non-violent nature of the alleged offense(s); (b) Defendant’s strong community ties; and (c) the availability of less restrictive alternatives that adequately assure appearance and community safety.

3.2 Procedural History

1. On [ARREST DATE], Defendant was arrested and charged with [LIST COUNTS] in violation of [STATUTORY CITES].
2. At the initial appearance on [DATE], bail was set at $[CURRENT AMOUNT] cash with additional conditions [LIST CONDITIONS].
3. Defendant has been confined at [FACILITY] since [DATE] unable to post that amount.
4. No prior bail modification has been sought/granted (or describe prior motions).

3.3 Statement of Relevant Facts

1. Defendant is [AGE] years old, a lifelong resident of [CITY/COUNTY], and has resided at [ADDRESS] for [#] years.
2. Employment: [EMPLOYER], position [POSITION], employed since [DATE].
3. Family & Community Ties: [SPOUSE/PARENTS/CHILDREN], active member of [CHURCH/COMMUNITY GROUP].
4. Criminal History: [NONE / MINOR / NON-VIOLENT]; no record of failing to appear.
5. Health Considerations: [MEDICAL CONDITIONS, if any], which are difficult to manage in custody.
6. Risk Assessment: [Attach/describe PSA or local risk tool results showing low FTA/public-safety score].

[// GUIDANCE: If the jurisdiction uses the Public Safety Assessment (PSA) or a local risk tool, attach as Exhibit A.]

3.4 Applicable Legal Standards

1. Presumption in favor of release on the least restrictive conditions sufficient to assure appearance. Wis. Stat. § 969.01(1).
2. Bail may not be excessive. U.S. Const. amend. VIII; Wis. Const. art. I, § 8(2).
3. Factors the Court must consider include, inter alia:
   a. Nature, number, and gravity of the offenses charged;
   b. Weight of the evidence;
   c. Defendant’s character, mental condition, and community ties;
   d. Record of non-appearance;
   e. Potential danger to the public; and
   f. Financial ability to meet the bail.
   Wis. Stat. § 969.01(4)(a)–(e).
4. Modification is permitted upon a material change in circumstances or where existing bail is no longer the least restrictive means. Wis. Stat. § 969.08(5).

3.5 Argument

A. The Current Bail Is Constitutionally Excessive Relative to Defendant’s Financial Resources.
1. Defendant’s monthly income is $[AMOUNT]; necessary living expenses for dependents total $[AMOUNT].
2. Bail set at $[CURRENT AMOUNT] is functionally equivalent to a detention order, violating the mandate for individualized, non-punitive bail.

B. Statutory Factors Favor Reduction.
i. Nature of Offense: The charged conduct is non-violent [/low-level felony/misdemeanor] with no allegation of firearm or weapon use.
ii. Weight of Evidence: Preliminary discovery reveals [WEAK EVIDENCE / IDENTIFICATION ISSUES / CREDIBILITY PROBLEMS].
iii. Community Ties & Flight Risk: Defendant’s long-standing residence, stable employment, and family obligations mitigate any risk of flight.
iv. Public Safety: No prior violent convictions; compliance with past probation/court orders.
v. Financial Ability: Defendant has verified assets of only $[ASSETS]; posting current bail is impossible.

C. Less Restrictive Alternatives Adequately Address Court Concerns.
1. Unsecured Signature Bond in the sum of $[PROPOSED AMOUNT] combined with the following conditions:
a. Weekly check-in with Pretrial Services;
b. No contact with alleged victim(s);
c. Maintain employment;
d. Appear at all court dates; and
e. Submit to random drug testing (if substance-related offense).
2. In the alternative, cash bail of $[REDUCED AMOUNT] is sufficient to assure appearance while respecting Defendant’s financial capability.

D. Changed Circumstances Support Modification.
• Since original bail, discovery has been completed, clarifying the limited scope of alleged damages.
• Defendant’s employer has offered a surety-verified position upon release, strengthening community ties.
• COVID-19/Medical factors increasing health risks associated with continued confinement.

3.6 Requested Relief

WHEREFORE, Defendant respectfully requests that this Court:

1. Reduce cash bail from $[CURRENT AMOUNT] to $[REDUCED AMOUNT] OR convert to an unsecured/partially secured bond as outlined above;
2. Modify conditions consistent with Wis. Stat. § 969.01(4) to include only the least restrictive measures necessary; and
3. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted this ___ day of ____, 20__.

[ATTORNEY NAME]
State Bar No. [########]
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]

COUNSEL FOR DEFENDANT [DEFENDANT NAME]

4. PROPOSED ORDER

(Submit on separate page as required by many Wisconsin counties.)

STATE OF WISCONSIN )
CIRCUIT COURT ) CRIMINAL DIVISION
[COUNTY] COUNTY )

STATE OF WISCONSIN, )
Plaintiff, )
) Case No.: [YY–CF–####]
v. )
)
[DEFENDANT FULL LEGAL NAME], )
Defendant. )
ORDER ON MOTION FOR BAIL REDUCTION

The Court, having reviewed Defendant’s Motion, exhibits, and the arguments of counsel, and being duly advised in the premises, ORDERS as follows:

1. Defendant’s motion is GRANTED / DENIED (strike one).
2. Cash bail is set in the amount of $________.
3. Conditions of release pursuant to Wis. Stat. § 969.01(4) are:
   a. _________
   b. _________
   c. ____________
4. All other conditions previously imposed remain in full force and effect unless inconsistent with this Order.

SO ORDERED this _ day of ____, 20__.

[JUDGE NAME], Circuit Court Judge
[COUNTY] County, Branch ___

5. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of ____, 20__, I caused a true and correct copy of the foregoing Motion for Bail Reduction, together with the Proposed Order and all supporting exhibits, to be served upon:

• [NAME], Assistant District Attorney, [ADDRESS], via [E-FILING / HAND DELIVERY / EMAIL] pursuant to Wis. Stat. § 801.14 and local court rules.
• Clerk of Court, [COUNTY] County Circuit Court, by electronic filing.

[ATTORNEY NAME]

[// GUIDANCE: Additional Exhibits (e.g., Affidavit of Defendant, Employment Verification Letter, PSA Risk Assessment) should be labeled alphabetically and referenced in the motion. Confirm county-specific e-filing rules and hearing-scheduling procedures. Ensure compliance with Wis. Stat. § 971.31(5)(a) governing timing of pretrial motions.]