MOTION FOR BAIL REDUCTION

Wisconsin Circuit Court -- Criminal Division

TABLE OF CONTENTS

1. Court Caption
2. Notice of Motion and Motion for Bail Reduction
3. Memorandum of Law and Fact in Support
   - 3.1 Introduction
   - 3.2 Procedural History
   - 3.3 Statement of Relevant Facts
   - 3.4 Legal Standards Governing Bail in Wisconsin
   - 3.5 Statutory Bail Factors Analysis Under Wis. Stat. 969.01(4)
   - 3.6 Constitutional Excessive Bail Arguments
   - 3.7 Changed Circumstances Warranting Modification
   - 3.8 Proposed Conditions of Release
   - 3.9 Requested Relief
4. Affidavit of Defendant in Support of Bail Reduction
5. Proposed Order on Motion for Bail Reduction
6. Certificate of Service
7. Exhibits Checklist
8. Wisconsin-Specific Practice Notes

1. COURT CAPTION

STATE OF WISCONSIN
CIRCUIT COURT        [________________________________] COUNTY
CRIMINAL DIVISION

STATE OF WISCONSIN,

   Plaintiff,

v.                  Case No.: [________________________________]

[________________________________],        Hon. [________________________________], Branch [____]

   Defendant.

MOTION FOR BAIL REDUCTION AND MODIFICATION OF CONDITIONS OF RELEASE

Date of Filing: [__/__/____]

2. NOTICE OF MOTION AND MOTION FOR BAIL REDUCTION

TO: [________________________________], Assistant District Attorney
  [________________________________] County District Attorney's Office
  [________________________________] (Address)

PLEASE TAKE NOTICE that on [__/__/____], at [____] ☐ a.m. ☐ p.m., or as soon thereafter as counsel may be heard, in Courtroom [____], Branch [____] of the [________________________________] County Circuit Court, located at [________________________________], the Defendant, [________________________________], by and through undersigned counsel, will move this Honorable Court for an order:

1. Reducing the current cash bail from $[________________________________] to $[________________________________], or in the alternative, converting bail to a signature bond in the amount of $[________________________________]; and

2. Modifying the conditions of pretrial release to the least restrictive conditions necessary to assure the Defendant's appearance in court, protect members of the community from serious harm, and prevent the intimidation of witnesses.

This motion is made pursuant to:

• Wis. Stat. § 969.01 (eligibility for release and conditions of release);
• Wis. Stat. § 969.08(5) (modification of bail upon petition);
• Wis. Stat. § 969.09 (72-hour review of conditions of release);
• Wis. Const. art. I, § 8(2) (right to release before conviction under reasonable conditions);
• Wis. Const. art. I, § 6 (prohibition against excessive bail);
• U.S. Const. amend. VIII (prohibition against excessive bail); and
• U.S. Const. amend. XIV (due process and equal protection).

This motion is supported by the accompanying Memorandum of Law and Fact, the Affidavit of Defendant, and the exhibits attached hereto.

3. MEMORANDUM OF LAW AND FACT IN SUPPORT OF MOTION

3.1 Introduction

Defendant, [________________________________], respectfully submits this memorandum in support of the Motion for Bail Reduction. The current bail of $[________________________________] in cash is constitutionally excessive, statutorily unreasonable, and functionally operates as a de facto order of pretrial detention without the procedural protections required by Wis. Stat. § 969.035. Defendant has been incarcerated at [________________________________] (facility name) since [__/__/____] -- a period of [____] days -- solely because of an inability to post the current bail amount.

The bail amount imposed bears no rational relationship to the statutory purposes of bail under Wisconsin law, namely assuring the Defendant's appearance in court, and is grossly disproportionate to Defendant's financial resources. Defendant respectfully requests that this Court set bail at an amount that is not excessive and impose the least restrictive conditions of release sufficient to protect the interests identified in Wis. Stat. § 969.01(4) and Wis. Const. art. I, § 8(2).

3.2 Procedural History

1. On [__/__/____], Defendant was arrested and charged with [________________________________] (charge(s)), in violation of Wis. Stat. § [________________________________].

2. The charge(s) constitute a ☐ Class [____] Felony ☐ Class [____] Misdemeanor, carrying a maximum potential penalty of [________________________________].

3. At the initial appearance before the Honorable [________________________________] on [__/__/____], bail was set at $[________________________________] ☐ cash ☐ surety, with the following additional conditions of release:

a. [________________________________]

b. [________________________________]

c. [________________________________]

4. Defendant has been unable to post the bail amount and has remained continuously in custody at [________________________________] (facility) since [__/__/____].

5. ☐ No prior motion for bail modification has been filed.
   ☐ A prior motion for bail modification was filed on [__/__/____] and was ☐ granted in part ☐ denied. The circumstances have materially changed since that ruling as described in Section 3.7 below.

6. The preliminary hearing ☐ has been held (on [__/__/____]) ☐ is scheduled for [__/__/____] ☐ Defendant has been bound over for trial.

7. The next scheduled court date is [__/__/____] for [________________________________] (type of hearing).

3.3 Statement of Relevant Facts

A. Residence and Community Ties

1. Defendant is [____] years old and has resided in [________________________________] County, Wisconsin, for [____] years.

2. Defendant currently resides at [________________________________] (address), where Defendant has lived for [____] years.

3. Defendant ☐ owns ☐ rents this residence.

4. Defendant's family connections in the community include:
   - ☐ Spouse/Domestic Partner: [________________________________]
   - ☐ Minor children (number and ages): [________________________________]
   - ☐ Parents residing in the area: [________________________________]
   - ☐ Other family members: [________________________________]

5. Defendant is a member of the following community organizations: [________________________________].

B. Employment and Financial Status

6. Defendant is ☐ currently employed ☐ has an offer of employment with [________________________________] (employer), in the position of [________________________________], since/starting [__/__/____].

7. Defendant's gross monthly income is approximately $[________________________________].

8. Defendant's monthly financial obligations include:
   - Rent/Mortgage: $[________________________________]
   - Child support: $[________________________________]
   - Utilities: $[________________________________]
   - Other essential expenses: $[________________________________]

9. Defendant's total liquid assets available for bail are approximately $[________________________________].

10. Continued incarceration is causing Defendant to ☐ lose current employment ☐ lose housing ☐ be unable to support dependents ☐ other: [________________________________].

C. Criminal History and Prior Court Appearances

11. Defendant's criminal history consists of: ☐ No prior criminal record ☐ The following prior convictions:

12. Defendant ☐ has never failed to appear for any court proceeding ☐ has the following history regarding court appearances: [________________________________].

13. Defendant ☐ is not currently on probation, extended supervision, or parole ☐ is currently on [________________________________] supervised by [________________________________].

D. Health Considerations

14. Defendant has the following health conditions relevant to this motion: [________________________________].

15. Defendant requires the following medications or medical treatment that ☐ is ☐ is not adequately available at the detention facility: [________________________________].

16. ☐ Defendant's continued incarceration poses a heightened health risk because: [________________________________].

E. Circumstances of the Alleged Offense

17. The alleged offense ☐ is non-violent in nature ☐ did not involve use of a weapon ☐ did not involve injury to any person ☐ other mitigating factors: [________________________________].

18. ☐ Defendant has no connection to the alleged victim(s) that would create a risk of witness intimidation or contact.

3.4 Legal Standards Governing Bail in Wisconsin

A. Statutory Framework

Wisconsin law establishes a strong presumption in favor of pretrial release on the least restrictive conditions necessary. Wis. Stat. § 969.01(1) provides that before conviction, a defendant arrested for a criminal offense is eligible for release under reasonable conditions designed to assure appearance in court, protect members of the community from serious harm, or prevent the intimidation of witnesses.

Under Wis. Stat. § 969.01(2), if bail is imposed, it "shall be only in the amount found necessary to assure the appearance of the defendant." This language is mandatory, not discretionary -- bail may not exceed the amount necessary to serve its statutory purpose.

Conditions of release other than monetary conditions may be imposed to protect members of the community from serious harm or to prevent the intimidation of witnesses. Wis. Stat. § 969.01(3).

B. Constitutional Protections

The Wisconsin Constitution, as amended in April 2023, provides in Article I, Section 8(2) that all persons before conviction "shall be eligible for release under reasonable conditions designed to assure their appearance in court, protect members of the community from serious harm as defined by the legislature by law, or prevent the intimidation of witnesses."

The Wisconsin Constitution further provides in Article I, Section 6 that "[e]xcessive bail shall not be required." This prohibition parallels the Eighth Amendment to the United States Constitution.

Bail set at an amount higher than reasonably necessary to ensure the defendant's appearance is constitutionally "excessive." Stack v. Boyle, 342 U.S. 1, 5 (1951). Bail that is set beyond the financial ability of the defendant to post, without individualized consideration of financial circumstances, effectively constitutes a detention order and raises serious due process concerns under the Fourteenth Amendment. See Bearden v. Georgia, 461 U.S. 660 (1983) (equal protection violated when liberty is conditioned on financial status without meaningful consideration of alternatives).

C. Right to Bail Modification

Wis. Stat. § 969.08(5) provides that upon petition by the state or the defendant, the court before which the action is pending "may increase or reduce the amount of bail or may alter other conditions of release or the bail bond or grant bail if it has been previously revoked."

Additionally, Wis. Stat. § 969.09 provides that a defendant who, after 72 hours from the time of initial appearance, continues to be detained as a result of an inability to meet the conditions of release is entitled, upon application, to have the conditions reviewed by the judge. Unless the conditions are amended and the defendant is released, the judge must set forth on the record the reasons for requiring continuation of the imposed conditions.

3.5 Statutory Bail Factors Analysis Under Wis. Stat. § 969.01(4)

Wis. Stat. § 969.01(4) sets forth the considerations for determining whether to release a defendant without bail, fixing a reasonable bail amount, or imposing other reasonable conditions of release. Each factor is analyzed below as it applies to this Defendant:

Factor (a): The ability of the arrested person to give bail.

Defendant's total liquid assets are approximately $[________________________________]. Defendant's monthly income is $[________________________________], and Defendant's essential monthly obligations total $[________________________________]. The current bail of $[________________________________] is [____] times Defendant's monthly income and is functionally impossible for Defendant to post. Setting bail at an amount Defendant cannot pay transforms bail into a de facto detention order, violating the presumption in favor of the least restrictive conditions. See Stack v. Boyle, 342 U.S. 1, 5 (1951) (bail higher than reasonably calculated to ensure presence at trial is "excessive").

Factor (b): The nature, number, and gravity of the offenses and the potential penalty the defendant faces.

Defendant is charged with [________________________________], a ☐ Class [____] Felony ☐ Class [____] Misdemeanor. The maximum potential penalty is [________________________________]. ☐ This is a single count / ☐ These are [____] counts. The nature of the alleged offense(s) ☐ is non-violent ☐ does not involve allegations of physical harm ☐ does not involve use of a weapon. The gravity of the charge(s) does not justify the current bail amount of $[________________________________].

Factor (c): Whether the alleged acts were violent in nature.

☐ The alleged acts were not violent in nature. The charges do not involve allegations of physical injury, use of force, or threatened violence.
☐ Although the charges reference a statute classified as a violent offense, the underlying factual allegations do not involve actual violence because: [________________________________].

Practice Note: Following the April 2023 constitutional amendment, courts are authorized to consider the "totality of the circumstances" in setting bail for persons accused of violent crimes, including prior violent crime convictions. If the charged offense is classified as violent, practitioners should be prepared to address this factor with particular specificity.

Factor (d): The defendant's prior record of criminal convictions and delinquency adjudications.

☐ Defendant has no prior criminal convictions or delinquency adjudications.
☐ Defendant's prior record consists solely of: [________________________________]. None of these prior matters involved violent offenses or failures to appear.

Factor (e): The character, health, residence, and reputation of the defendant.

Defendant has resided in [________________________________] County for [____] years, maintains stable employment at [________________________________], has [____] dependents who rely on Defendant's income, and is an active member of [________________________________] (community organizations). Defendant's character and ties to the community demonstrate that Defendant is not a flight risk.

Factor (f): The character and strength of the evidence which has been presented to the judge.

☐ The evidence presented at the initial appearance / preliminary hearing was limited and included: [________________________________].
☐ Discovery produced since the initial bail determination reveals weaknesses in the State's case, including: [________________________________].
☐ The strength of the evidence, upon closer examination, does not support the current bail amount.

Factor (g): Whether the defendant is currently on probation, extended supervision, or parole.

☐ Defendant is not currently on probation, extended supervision, or parole.
☐ Defendant is currently on [________________________________], but this does not increase flight risk because: [________________________________].

Factor (h): Whether the defendant is already on bail or subject to other release conditions in other pending cases.

☐ Defendant has no other pending criminal cases and is not subject to any other release conditions.
☐ Defendant is subject to release conditions in Case No. [________________________________], and has fully complied with those conditions.

Factor (i): Whether the defendant has been bound over for trial after a preliminary examination.

☐ A preliminary examination has not yet been held.
☐ Defendant has been bound over for trial, but the evidence presented at the preliminary hearing was [________________________________].

Factor (j): Whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest.

☐ Defendant has never forfeited bail, violated a condition of release, or been a fugitive from justice.
☐ Defendant has the following history, which is mitigated by: [________________________________].

3.6 Constitutional Excessive Bail Arguments

A. The Current Bail Amount Is Excessive Under the Eighth Amendment and Wis. Const. Art. I, Section 6

The current bail of $[________________________________] is excessive under both the federal and state constitutions. In Stack v. Boyle, 342 U.S. 1, 5 (1951), the United States Supreme Court held that bail set at a figure higher than an amount reasonably calculated to ensure the defendant's presence at trial is "excessive" under the Eighth Amendment. The Court emphasized that the right to freedom before conviction permits the unhampered preparation of a defense and prevents infliction of punishment before conviction.

Wisconsin courts have consistently held that the purpose of bail is to ensure the defendant's appearance, not to punish or to set an amount that operates as de facto preventive detention. See State v. Beaver, 181 Wis. 2d 959, 512 N.W.2d 254 (Ct. App. 1994).

Here, the current bail of $[________________________________] bears no reasonable relationship to the risk of Defendant's non-appearance. Defendant lacks the financial resources to post this amount, which effectively converts bail into a detention order without the procedural protections required for pretrial detention under Wis. Stat. § 969.035.

B. Equal Protection and Due Process Concerns

Pretrial detention based solely on inability to pay bail raises serious equal protection and due process concerns. The United States Supreme Court has recognized that imprisoning an individual solely because of inability to pay violates the Equal Protection Clause when the state has not considered adequate alternatives. Bearden v. Georgia, 461 U.S. 660, 667-68 (1983); Tate v. Short, 401 U.S. 395 (1971).

Federal courts have increasingly recognized that wealth-based detention violates the Constitution. See ODonnell v. Harris County, 892 F.3d 147 (5th Cir. 2018) (holding that detaining misdemeanor defendants solely because of inability to post bail violates equal protection and due process).

Here, the State has not demonstrated that no less restrictive alternative to the current bail amount would suffice. A reduced cash bail or signature bond, combined with appropriate non-monetary conditions, would adequately serve the purposes of bail without imposing an unconstitutional wealth-based barrier to pretrial liberty.

C. The Current Bail Operates as De Facto Pretrial Detention Without Required Procedures

Wis. Stat. § 969.035 establishes a specific statutory procedure for pretrial detention, including a mandatory hearing, specific factual findings, and the requirement that the State prove by clear and convincing evidence that no conditions of release will reasonably assure the defendant's appearance and community safety. Where bail is set at an amount that a defendant demonstrably cannot afford, it operates as a de facto detention order that circumvents these procedural requirements. The Court should not permit what would amount to preventive detention through the back door of excessive bail.

3.7 Changed Circumstances Warranting Modification

Since the original bail determination on [__/__/____], the following material changes in circumstances have occurred that support modification of bail:

☐ Discovery Completed/Evidence Reviewed: Since the initial bail setting, discovery has been completed, revealing: [________________________________]. This development ☐ weakens the State's case ☐ narrows the scope of the charges ☐ other: [________________________________].

☐ Charges Reduced or Modified: The charges have been amended from [________________________________] to [________________________________], reducing the severity and potential penalty.

☐ New Employment or Housing: Defendant has secured ☐ employment at [________________________________] ☐ stable housing at [________________________________], strengthening community ties and reducing flight risk.

☐ Third-Party Custodian Available: [________________________________] (name and relationship) has agreed to serve as a third-party custodian and will ensure Defendant's compliance with all release conditions. See Exhibit [____].

☐ Treatment or Programming: Defendant has enrolled in / been accepted to [________________________________] (treatment program), which requires Defendant's release for participation.

☐ Time in Custody: Defendant has been incarcerated for [____] days. This period of incarceration ☐ approaches or exceeds the likely sentence if convicted ☐ has caused significant hardship to Defendant and Defendant's family, including: [________________________________].

☐ Prejudice to Defense Preparation: Continued incarceration is impairing Defendant's ability to assist in the preparation of the defense, including: [________________________________].

☐ 72-Hour Review Not Conducted: Defendant has been detained for more than 72 hours following the initial appearance due to inability to meet bail conditions, and no review has been conducted under Wis. Stat. § 969.09.

☐ Other Changed Circumstances: [________________________________].

3.8 Proposed Conditions of Release

Defendant respectfully proposes the following conditions of release, which constitute the least restrictive means necessary to assure Defendant's appearance and protect community safety:

Primary Request:

☐ Signature bond in the amount of $[________________________________], subject to the conditions below.

Alternative Request:

☐ Cash bail reduced to $[________________________________], subject to the conditions below.

Second Alternative Request:

☐ Surety bond in the amount of $[________________________________], with [________________________________] serving as surety, subject to the conditions below.

Proposed Non-Monetary Conditions of Release:

☐ Defendant shall appear at all scheduled court dates.

☐ Defendant shall maintain current residence at [________________________________] and notify counsel and the court of any change of address within 24 hours.

☐ Defendant shall maintain current employment at [________________________________].

☐ Defendant shall report to ☐ Pretrial Services ☐ [________________________________] on a ☐ weekly ☐ bi-weekly ☐ monthly basis.

☐ Defendant shall have no contact, direct or indirect, with: [________________________________] (alleged victim(s) / witnesses).

☐ Defendant shall not leave [________________________________] County without prior written court approval.

☐ Defendant shall surrender passport and not apply for any travel documents.

☐ Defendant shall submit to ☐ random drug testing ☐ alcohol monitoring ☐ GPS/electronic monitoring.

☐ Defendant shall comply with a curfew of [____] p.m. to [____] a.m.

☐ Defendant shall reside with third-party custodian [________________________________] at [________________________________].

☐ Defendant shall not possess firearms or dangerous weapons.

☐ Defendant shall participate in [________________________________] (treatment/counseling program).

☐ Defendant shall abstain from the use of alcohol and controlled substances.

☐ Defendant shall not enter or be present at [________________________________] (specified locations).

☐ Other: [________________________________].

3.9 Requested Relief

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. Reduce cash bail from $[________________________________] to $[________________________________], or in the alternative, convert bail to a ☐ signature bond ☐ unsecured appearance bond ☐ surety bond in the amount of $[________________________________];

2. Impose conditions of release consistent with Wis. Stat. § 969.01(4) that represent the least restrictive means necessary to assure Defendant's appearance, protect the community from serious harm, and prevent witness intimidation;

3. Order the immediate release of Defendant upon posting of the modified bail or execution of the signature bond;

4. Schedule a hearing on this motion at the earliest available date; and

5. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted this [____] day of [________________________________], 20[____].

Attorney Name: [________________________________]
State Bar No.: [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

_______________________________________________
[________________________________]
Counsel for Defendant [________________________________]

4. AFFIDAVIT OF DEFENDANT IN SUPPORT OF BAIL REDUCTION

STATE OF WISCONSIN
CIRCUIT COURT        [________________________________] COUNTY

STATE OF WISCONSIN,

   Plaintiff,

v.                  Case No.: [________________________________]

[________________________________],

   Defendant.

AFFIDAVIT OF [________________________________] IN SUPPORT OF MOTION FOR BAIL REDUCTION

STATE OF WISCONSIN
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn on oath, depose and state as follows:

Personal Information and Residence

1. I am the Defendant in the above-captioned case. I am [____] years old, and my date of birth is [__/__/____].

2. I have resided in the State of Wisconsin for [____] years. My current permanent address is [________________________________].

3. I have lived at this address for [____] years. ☐ I own ☐ I rent this residence.

4. Prior to my arrest, I resided with [________________________________] (names and relationships).

Family and Community Ties

5. I am ☐ single ☐ married ☐ in a domestic partnership. My ☐ spouse / ☐ partner's name is [________________________________].

6. I have [____] dependent children, ages [________________________________], who reside at [________________________________].

7. My children's ☐ other parent ☐ caregiver is [________________________________]. ☐ My children are suffering hardship due to my incarceration because: [________________________________].

8. My parents, [________________________________], reside in [________________________________].

9. I am a member of the following community organizations, religious institutions, or civic groups: [________________________________].

Employment and Financial Status

10. ☐ I am employed at [________________________________] in the position of [________________________________]. I have held this position since [__/__/____]. My gross ☐ weekly ☐ bi-weekly ☐ monthly income is $[________________________________].

☐ I have received confirmation that my position ☐ will be held for me ☐ is at risk due to my continued incarceration. See Exhibit [____].

☐ I have a verified offer of employment from [________________________________]. See Exhibit [____].

11. My total monthly expenses for myself and my dependents are approximately $[________________________________], including:
    - Housing: $[________________________________]
    - Utilities: $[________________________________]
    - Food: $[________________________________]
    - Child care: $[________________________________]
    - Transportation: $[________________________________]
    - Insurance: $[________________________________]
    - Child support/alimony: $[________________________________]
    - Medical expenses: $[________________________________]
    - Other: $[________________________________]

12. My total liquid assets (cash, checking, savings) are approximately $[________________________________].

13. I ☐ do ☐ do not own real property. If yes, the value is approximately $[________________________________] with a mortgage balance of $[________________________________].

14. I ☐ am not ☐ am able to post bail in the amount of $[________________________________]. The maximum amount I could raise from all available sources, including family assistance, is $[________________________________].

Health

15. I have the following medical or mental health conditions: [________________________________].

16. I take the following prescribed medications: [________________________________].

17. ☐ My medical needs are not being adequately met during my incarceration because: [________________________________].

Criminal History and Court Compliance

18. ☐ I have no prior criminal convictions.
    ☐ My prior criminal history consists of: [________________________________].

19. ☐ I have never failed to appear for any court date in any jurisdiction.
    ☐ I have the following history regarding court appearances: [________________________________].

20. ☐ I am not currently on probation, extended supervision, or parole.
    ☐ I am currently on [________________________________] and have ☐ fully complied with all conditions.

Proposed Conditions of Release

21. If released on modified bail, I agree to comply with all conditions of release imposed by this Court, including but not limited to:

a. Appearing at all scheduled court dates;

b. Maintaining my residence at [________________________________];

c. Maintaining employment at [________________________________];

d. Having no contact with [________________________________];

e. Reporting to ☐ Pretrial Services ☐ [________________________________] as directed; and

f. Any other conditions this Court deems appropriate.

22. I understand that a violation of any condition of release may result in revocation of bail and my immediate re-arrest and detention pursuant to Wis. Stat. § 969.08.

FURTHER AFFIANT SAYETH NOT.

Dated: [__/__/____]

          _______________________________________________
          [________________________________], Defendant

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

_______________________________________________
Notary Public, State of Wisconsin
My Commission Expires: [__/__/____]

5. PROPOSED ORDER ON MOTION FOR BAIL REDUCTION

(Submit on a separate page as required by most Wisconsin counties)

STATE OF WISCONSIN
CIRCUIT COURT        [________________________________] COUNTY
CRIMINAL DIVISION

STATE OF WISCONSIN,

   Plaintiff,

v.                  Case No.: [________________________________]

[________________________________],

   Defendant.

ORDER ON DEFENDANT'S MOTION FOR BAIL REDUCTION

This matter having come before the Court on Defendant's Motion for Bail Reduction, the Court having reviewed the motion, the supporting memorandum of law, the Affidavit of Defendant, all attached exhibits, the arguments of counsel, the State's response (if any), the considerations set forth in Wis. Stat. § 969.01(4), and being fully advised in the premises;

THE COURT FINDS:

1. The Defendant was originally held on bail of $[________________________________] ☐ cash ☐ surety, set on [__/__/____].

2. The Defendant ☐ has ☐ has not been detained continuously since the bail was set.

3. The Court has considered all of the factors set forth in Wis. Stat. § 969.01(4), including the Defendant's ability to give bail, the nature and gravity of the offenses, whether the alleged acts were violent, the Defendant's prior record, character, health, residence, and reputation, the character and strength of the evidence, and all other relevant factors.

4. ☐ The Defendant has demonstrated a material change in circumstances since the original bail determination.
   ☐ The current bail is not the least restrictive means sufficient to assure the Defendant's appearance.

IT IS HEREBY ORDERED:

☐ Defendant's Motion is GRANTED.

 a. Cash bail is reduced from $[________________________________] to $[________________________________].

 b. ☐ Bail is converted to a signature bond in the amount of $[________________________________].

 c. ☐ Bail is converted to a surety bond in the amount of $[________________________________].

 d. Conditions of release pursuant to Wis. Stat. § 969.01(4) are as follows:

  (1) [________________________________]

  (2) [________________________________]

  (3) [________________________________]

  (4) [________________________________]

  (5) [________________________________]

 e. All other conditions of release previously imposed ☐ remain in full force and effect ☐ are modified as follows: [________________________________].

 f. Defendant shall be released upon posting of the modified bail or execution of the signature/surety bond.

☐ Defendant's Motion is GRANTED IN PART.

 [________________________________]

☐ Defendant's Motion is DENIED.

 The Court sets forth the following reasons on the record for requiring the continuation of the current conditions, pursuant to Wis. Stat. § 969.09:

 [________________________________]

SO ORDERED this [____] day of [________________________________], 20[____].

_______________________________________________
Hon. [________________________________]
Circuit Court Judge, Branch [____]
[________________________________] County Circuit Court

6. CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Motion for Bail Reduction, together with the supporting Memorandum of Law and Fact, the Affidavit of Defendant, the Proposed Order, and all attached Exhibits, to be served upon the following:

Via ☐ E-Filing ☐ Hand Delivery ☐ U.S. Mail ☐ Email:

1. [________________________________], Assistant District Attorney
   [________________________________] County District Attorney's Office
   [________________________________] (Address)
   [________________________________] (Email)

Via ☐ Electronic Filing ☐ Hand Delivery:

2. Clerk of Court
   [________________________________] County Circuit Court
   [________________________________] (Address)

Service was accomplished in compliance with Wis. Stat. § 801.14 and applicable local court rules.

Dated: [__/__/____]

_______________________________________________
[________________________________]
Attorney for Defendant
State Bar No.: [________________________________]

7. EXHIBITS CHECKLIST

The following exhibits are attached in support of this motion:

☐ Exhibit A: Defendant's Affidavit in Support of Bail Reduction

☐ Exhibit B: Employment Verification Letter / Offer of Employment

☐ Exhibit C: Financial Records (pay stubs, bank statements, tax returns)

☐ Exhibit D: Proof of Residence (lease, mortgage statement, utility bills)

☐ Exhibit E: Letters of Support (family, employer, community members)

☐ Exhibit F: Third-Party Custodian Agreement (if applicable)

☐ Exhibit G: Medical Records / Treatment Provider Letter (if applicable)

☐ Exhibit H: Pretrial Risk Assessment / Public Safety Assessment (PSA) Results (if available)

☐ Exhibit I: Discovery Materials Supporting Bail Reduction (if applicable)

☐ Exhibit J: Certificate of Enrollment in Treatment Program (if applicable)

☐ Exhibit K: [________________________________]

☐ Exhibit L: [________________________________]

8. WISCONSIN-SPECIFIC PRACTICE NOTES

Types of Bail in Wisconsin

Wisconsin recognizes the following forms of bail and bonds:

1. Cash Bail (Wis. Stat. §§ 969.02, 969.03): The defendant deposits the full amount in cash with the clerk of court. This is the most common form of bail in Wisconsin. Unlike many states, Wisconsin does not have a commercial bail bond industry. Cash bail is refundable (less any applicable fees or costs) upon resolution of the case, provided the defendant appeared at all required proceedings.

2. Surety Bond (Wis. Stat. § 969.03(1)(c)): A surety (a financially responsible person) executes a bond guaranteeing the defendant's appearance. Wisconsin does not commonly use commercial bail bondsmen. The surety is typically a family member or friend who guarantees the defendant's appearance and may be required to demonstrate financial ability to cover the bond amount.

3. Signature Bond: The defendant signs a promise to pay a specified sum if they fail to appear. No cash deposit is required. This is available for misdemeanors under Wis. Stat. § 969.02 and may be available for felonies at the court's discretion.

4. 10% Cash Deposit (Wis. Stat. § 969.02(2)): For misdemeanors, a defendant may be permitted to deposit 10% of the bail amount in cash. Law enforcement may accept such deposits under a bail schedule.

Key Practice Considerations

• No Commercial Bail Bond Industry: Wisconsin is one of a small number of states that effectively prohibits commercial bail bondsmen. Cash bail must generally be posted by the defendant or the defendant's family and friends. This makes excessive cash bail particularly burdensome and distinguishes Wisconsin from the majority of jurisdictions.

• 72-Hour Review (Wis. Stat. § 969.09): If the defendant remains in custody for 72 hours after the initial appearance due to inability to meet bail conditions, the defendant is entitled to a review hearing. The court must state on the record its reasons for continuing the current conditions. If no such review has occurred, the motion for bail reduction should invoke this provision.

• Pretrial Detention (Wis. Stat. § 969.035): Wisconsin law permits pretrial detention (denial of bail) only in limited circumstances -- primarily when the defendant is charged with a felony and the court finds by clear and convincing evidence that no conditions of release will reasonably assure appearance or protect community safety. If the State seeks detention, it must comply with the procedural requirements of § 969.035, including a hearing and specific factual findings. Where bail is set at an amount that is functionally impossible for the defendant to post, counsel should argue this constitutes de facto pretrial detention without compliance with § 969.035.

• 2023 Constitutional Amendment: In April 2023, Wisconsin voters approved amendments to Article I, Section 8 of the Wisconsin Constitution. The amendments (1) changed "serious bodily harm" to "serious harm" (allowing the legislature to define the term), and (2) authorized judges to consider the "totality of the circumstances" in setting cash bail for persons accused of violent crimes, including the defendant's prior violent crime convictions. Practitioners should be aware that these amendments may give courts broader discretion in setting bail for violent offenses.

• Timing of Motion: There is no statutory time limit on filing a motion for bail reduction. However, filing promptly after a change in circumstances is advisable. If the 72-hour review period under Wis. Stat. § 969.09 has passed without a review, raise this issue in the motion.

• E-Filing Requirements: Many Wisconsin counties require electronic filing through the Wisconsin Circuit Court eFiling system. Check local court rules for the applicable county. The CCAP (Consolidated Court Automation Programs) website provides county-specific filing information.

• Hearing Requirement: Although Wis. Stat. § 969.08(5) permits modification "upon petition," most courts will schedule a hearing rather than ruling on the papers. Contact the court clerk or the branch assistant to schedule a hearing at the earliest available date.

• Burden of Proof: The defendant bears the burden of showing that the current bail is excessive or that circumstances have changed sufficiently to warrant modification. Present concrete evidence of financial inability, community ties, and the availability of less restrictive alternatives.

• Return of Cash Bail: Under Wis. Stat. § 969.02(6), cash bail deposited with the clerk is returned to the depositor upon final disposition of the case, less any applicable court costs, fees, or restitution that the court may order deducted.

SOURCES AND REFERENCES

• Wis. Stat. Ch. 969 (Bail and Other Conditions of Release): https://docs.legis.wisconsin.gov/statutes/statutes/969
• Wis. Stat. § 969.01 (Eligibility for Release): https://docs.legis.wisconsin.gov/document/statutes/969.01
• Wis. Stat. § 969.01(4) (Considerations in Setting Conditions): https://docs.legis.wisconsin.gov/statutes/statutes/969/01/4
• Wis. Stat. § 969.02 (Misdemeanor Release): https://docs.legis.wisconsin.gov/statutes/statutes/969/02
• Wis. Stat. § 969.03 (Felony Release): https://docs.legis.wisconsin.gov/statutes/statutes/969/03
• Wis. Stat. § 969.035 (Pretrial Detention): https://docs.legis.wisconsin.gov/document/statutes/969.035
• Wis. Stat. § 969.08 (Bail Modification): https://docs.legis.wisconsin.gov/document/statutes/969.08
• Wis. Stat. § 969.09 (72-Hour Review): https://docs.legis.wisconsin.gov/document/statutes/969.09
• Wisconsin Constitution, Article I: https://docs.legis.wisconsin.gov/constitution/wi
• 2023 Wisconsin Bail Constitutional Amendments: https://ballotpedia.org/Wisconsin_Question_2,Conditions_for_Cash_Bail_Amendment(April_2023)
• Wisconsin Bail Manual (NACDL, October 2018): https://www.nacdl.org/getattachment/f6d19e2e-17c5-4566-afa5-e2458205d17b/the-wisconsin-bail-manual.pdf
• Wisconsin State Law Library -- Arrest and Bail Resources: https://wilawlibrary.gov/topics/justice/crimlaw/arrest.php
• Stack v. Boyle, 342 U.S. 1 (1951) -- Eighth Amendment prohibition on excessive bail
• Bearden v. Georgia, 461 U.S. 660 (1983) -- Equal protection in ability-to-pay context
• Tate v. Short, 401 U.S. 395 (1971) -- Imprisonment solely for inability to pay
• ODonnell v. Harris County, 892 F.3d 147 (5th Cir. 2018) -- Wealth-based pretrial detention
• State v. Beaver, 181 Wis. 2d 959, 512 N.W.2d 254 (Ct. App. 1994) -- Wisconsin bail standards