DEFENDANT’S MOTION FOR REDUCTION OF BAIL

[// GUIDANCE: Replace all bracketed items before filing.]

I. DOCUMENT HEADER

IN THE DISTRICT COURT OF THE [___] JUDICIAL DISTRICT
IN AND FOR [___] COUNTY, STATE OF WYOMING

STATE OF WYOMING,
   Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
   Defendant.

Criminal Action No.: [____]

II. INTRODUCTION

COMES NOW the Defendant, [Defendant Name] (“Defendant”), by and through undersigned counsel, and pursuant to Article 1, Section 14 of the Wyoming Constitution and Rule 46 of the Wyoming Rules of Criminal Procedure (“WYO. R. CRIM. P.”), respectfully moves this Honorable Court for an order reducing the current bail amount of [$___] to a sum that is reasonable and sufficient to assure Defendant’s appearance and the safety of the community, or in the alternative, for Defendant’s release on personal recognizance subject to appropriate conditions.

III. BACKGROUND & PROCEDURAL HISTORY

1. Arrest and Initial Appearance.
    a. Date of arrest: [MM/DD/YYYY]
    b. Charges filed: [List counts and statutory citations]
    c. Initial bail set at [$___] during first appearance on [MM/DD/YYYY].

2. Current Custody Status. Defendant remains in pre-trial detention at [Facility Name], unable to post the existing bond.

3. Prior Compliance (if any).
    [Insert facts demonstrating prior court compliance, employment history, community ties, etc.]

IV. LEGAL STANDARD

A. Constitutional Right to Bail. Except in capital cases where the proof is evident, the Wyoming Constitution guarantees that “[a]ll persons shall be bailable by sufficient sureties.” WYO. CONST. art. 1, § 14.

B. Rule-Based Factors. In setting or modifying bail, the Court must consider the factors enumerated in WYO. R. CRIM. P. 46(c), including but not limited to:
 1. Nature and circumstances of the offense charged;
 2. Weight of the evidence;
 3. Defendant’s family ties, employment, financial resources, length of residence in the community;
 4. Prior criminal history and record of appearances;
 5. Any risk to the safety of the community.

C. Statutory Authority for Modification. The Court retains continuing jurisdiction to amend existing bond orders when justice so requires. See WYO. R. CRIM. P. 46(d).

V. ARGUMENT

Point 1 – The Existing Bail Is Excessive and Disproportionate

1. Financial Capacity. Defendant’s monthly income is [$___], rendering the current bail unattainable and effectively converting pre-trial detention into punishment contrary to due-process principles.
2. Least-Restrictive Means. The Eighth Amendment’s prohibition on excessive bail, as applied through Wyoming law, mandates that bail be no higher than necessary to ensure appearance.

Point 2 – Statutory & Rule 46 Factors Favor Reduction

1. Weight of the Evidence. [Provide concise, non-prejudicial summary indicating the prosecution’s case is circumstantial / weak / subject to defenses.]
2. Community Ties. Defendant has resided in [City, WY] for [X] years, maintains full-time employment with [Employer], and supports [dependents].
3. Limited Criminal History. [Describe prior record or lack thereof; highlight any record of appearing when required.]
4. Public Safety. No allegation of violence or threat to the community; any concerns can be mitigated by tailored non-monetary conditions.

Point 3 – Non-Monetary Conditions Adequately Address Risk

Pursuant to WYO. R. CRIM. P. 46(d), the Court may impose conditions such as:
 a. Pre-trial services supervision;
 b. Travel restrictions within Wyoming;
 c. Prohibited contact with alleged victims;
 d. Surrender of passport and firearms;
 e. Random drug/alcohol testing.
These measures, singly or in combination, satisfy statutory objectives without the need for a prohibitive cash bond.

VI. REQUESTED RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

1. Reduce bail to [$___] OR
2. Release Defendant on personal recognizance under the conditions outlined in Section V, Point 3; and
3. Grant such other and further relief the Court deems just and proper.

VII. NOTICE OF HEARING

PLEASE TAKE NOTICE that Defendant requests a hearing on this Motion at the Court’s earliest convenience. Counsel estimates [30] minutes will be required.

VIII. VERIFICATION & CERTIFICATION

I, [Attorney Name], certify that this Motion is filed in good faith and that the factual statements herein are true and correct to the best of my knowledge, information, and belief, formed after reasonable inquiry.
[// GUIDANCE: Some Wyoming courts require a verified motion signed by defendant; add a notarized verification if local rule so demands.]

IX. CERTIFICATE OF SERVICE

I hereby certify that on [MM/DD/YYYY], a true and correct copy of the foregoing Motion was served via [e-filing system / hand delivery / email] on the Office of the [County] County and Prosecuting Attorney.

Respectfully submitted,

[ATTORNEY NAME] | WY Bar No. [____]
[Firm Name]
[Address]
[Telephone] • [Email]
Counsel for Defendant

X. PROPOSED ORDER

[// GUIDANCE: File as a separate document if local practice so requires.]

IN THE DISTRICT COURT OF THE [___] JUDICIAL DISTRICT
IN AND FOR [___] COUNTY, STATE OF WYOMING

STATE OF WYOMING,
   Plaintiff,
v.
[DEFENDANT FULL NAME],
   Defendant.

Case No. [____]

ORDER ON DEFENDANT’S MOTION FOR REDUCTION OF BAIL

Upon consideration of Defendant’s Motion, the arguments of counsel, and the entire record herein, the Court FINDS good cause to grant the relief requested. Accordingly, IT IS ORDERED that:

1. The previously-set bail of [$___] is hereby [reduced to $___ / replaced by release on personal recognizance].
2. Defendant shall comply with the following conditions of release:
    a. [Condition 1]
    b. [Condition 2]
    c. [Additional conditions as deemed appropriate]
3. Violation of any condition may result in immediate revocation of bond and issuance of a bench warrant pursuant to WYO. R. CRIM. P. 46(f).

DATED this ___ day of ____, 20__.

Judge [Name]
District Court, [___] Judicial District
State of Wyoming